Understanding Premises Liability

Premises liability is a type of personal injury claim where property owners are liable for accidents that transpire on their property caused by their negligence. The owner may fail to warn guests about unsafe conditions or create hazardous conditions such as failing to put up adequate fencing around a swimming pool. Premises liability also affects proprietors who do not take steps to correct unsafe conditions, such as allowing oily flooring or stairways to remain unclean and therefore increase the risk of slip and fall accidents.

Hazardous conditions in Texas that often lead to premises liability cases includes:

  • Slippery flooring
  • Dangerous canines in unsecured enclosures
  • Hidden extension cords
  • Defective staircases
  • Unsecured thresholds
  • Unsecured carpets or rugs
  • Broken or loose floorboards, sidewalks, and steps

How Could Victims Share Fault in Anna Premises Liability Cases?

While guests of property owners in Texas such as friends, family members, neighbors, co-workers, salespeople, and service personnel are entitled to a duty of care and reasonable safety, trespassers are not. If the owner or operator of the property had actual or constructive notice of the condition and the condition was concealed so the plaintiff was not aware of the danger, the proprietor may be liable for the damages. There are some times that the landowner is required to have actual knowledge of the property condition for liability to exist, while other times constructive knowledge, or “should have known” is all that is required.  Property owners are exempt from duty of care responsibilities when individuals unlawfully enter their properties, even if they are simply “passing through” and do not intend to steal, vandalize, or engage in other illegal activities. Those who enter private grounds without permission generally forfeit their premise liability rights because the owner had no prior knowledge of their arrival.

The only duty a landowner owes to a trespasser is not to actively harm him or her either intentionally or with spring traps or other devices.

Trespasser laws do not apply to children who are under the legal protection of “attractive nuisance.” A property owner who has a pool and knows children live in the neighborhood may be legally obligated to install fencing with a gate that locks around the outdoor feature. Further, in Anna, building code requirements require fencing, gates and locks.  Violating these building codes can lead to liability if a child is harmed as a result.  An Anna premises liability attorney could help the parent of a child injured on someone else’s property to seek fair compensation.

How is Premise Liability Established?

Working with an Anna premise liability attorney makes it easier to determine if the property owner is liable for a plaintiff’s injury.. Because Texas uses modified comparative negligence guidelines, the victim and their family must be not more than 50 percent liable to recover compensation from a premise liability accident. A plaintiff who enters an unsafe section of the property despite warnings from either signage or the property owner may be barred from pursuing compensation. If the injured person is not at fault, it is important to photograph the accident location, obtain witness statements, seek medical help, and document everything related to the case. Anna lawyers who are experienced in handling premises liability claims could help interview witnesses and gather all pertinent evidence.


Discuss Your Case with an Anna Premise Liability Attorney Today

If you were recently injured on someone else’s property, speak with an Anna premises liability lawyer to learn about your potential options for recovery. The attorney will help you determine whether the case is worth pursuing and how much compensation you can potentially receive to assist with ongoing medical care or other damages such as emotional trauma. Get in touch today with an experienced lawyer to explore your options for recovery by scheduling a consultation today.

Anna Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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