Visitor Classifications in Carrollton

In Texas common law, someone visiting someone else's property is typically categorized as one of three types. First, if the person is on the property for business reasons, they are generally considered an invitee. An invitee enters the property with the owner's express or implied permission and is usually there for business that benefits both the invitee and the owner, such as a shopper at a grocery store.

The owner is responsible for ensuring the safety of the premises for the invitee and must either secure the area or warn of any unsafe conditions. This often requires regular property inspections, addressing defects, and ensuring safe business operations. While in many other states, warning a business invitee about a potential hazard may not be enough to avoid liability, in Texas, choosing to warn about the problem rather than correcting the danger could reduce accountability.

Licensee

The second category is known as a licensee. A licensee is usually someone who is on the property with the owner's explicit consent but not for business purposes. For instance, a social guest is considered a licensee. The property owner generally has a relatively high duty of care to the licensee and is typically responsible for warning them about any known potential dangers or hazards. However, the owner normally does not have a duty to fix the defects if they have already warned the licensee about them.

Trespasser

The last category is trespassers. A trespasser may have entered the property without permission from the owner. Property owners are generally not obligated to warn unknown trespassers of any hazards, although there are exceptions in the case of children. Seeking advice from a Carrollton lawyer could assist in determining a person's status at the time of their accident and how it may impact the result of a premises liability claim.

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Examples of Premises Liability

Premises liability accidents can encompass a wide range of types and severity, with some resulting in life-altering or fatal injuries. These accidents may involve the following:

  • Slip and falls
  • Drowning
  • Blunt impact from falling objects
  • Electrocutions
  • Assault due to inadequate security
  • Exposure to toxins or irritating fumes

Any of these accidents can lead to significant medical expenses and the challenges of navigating insurance claims. Collaborating with a premises liability lawyer in the area could assist individuals in pursuing fair compensation for their injuries and potentially alleviating the increased financial burden caused by the injuries.

What is the Attractive Nuisance Doctrine?

The attractive nuisance doctrine in Texas law is designed to safeguard children from potential hazards that may attract them, even if they are trespassing on the property. This doctrine acknowledges that children may not comprehend these risks due to their age and lack of understanding, placing the responsibility on property owners to mitigate these potential dangers. Swimming pools are a typical example of an attractive nuisance. If a property owner neglects to properly fence off a pool, leading to a child being injured or drowning, the landowner could be deemed liable.

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Reach Out to a Carrollton Premises Liability Attorney for Help

While a premises liability injury can be devastating, a Carrollton premises liability attorney can assist you in initiating the path to recovery by seeking financial compensation. Obtaining damages not only holds a negligent party accountable for their role in your injury but also helps prevent others from experiencing similar harm. It is advisable to consult with a skilled injury attorney today to begin evaluating your legal options.

Carrollton 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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