Duty of Care in Celina

Generally, landowners have a responsibility, or duty of care, to maintain their property so that it is relatively safe for visitors. When property owners breach their duty of care and maintain their property in a negligent manner, they could be held liable if a visitor suffers injury as a result. However, whether the landowner is ultimately liable for a visitor’s injuries could depend on a variety of factors, such as the owner’s reasonable care taken to keep the premises safe. To that end, property owners owe different levels of care to different types of visitors. The three main categories of visitors are known as trespassers, licensees, and invitees.

Invitees

Invitees are afforded the greatest protection. Those who enter another person’s property for the benefit of the property owner, such as shoppers, patrons, or house workers, fit under the category of invitees. Property owners must inspect their property for dangerous conditions and warn invitees of any known dangers. It should be noted that if a property owner in Texas warns an invitee of a problem but does not correct the danger, that may be enough to escape liability in certain situations. A Celina slip and fall attorney could investigate a plaintiff’s case to determine potential liability.

Licensees and Trespassers

Licensees—social guests or others that are permitted to enter a property—must be warned of dangers that are not easily discoverable by the licensee. Finally, trespassers are individuals who are not invited to enter another’s property. Property owners do not owe any duty of care to trespassers unless they are children, in which case owners owe a duty of care to avoid foreseeable risk of harm to a child caused by an artificial condition, such as a pool.

Seeking Damages for Slip and Fall Cases

If a slip and fall victim in Celina is found partially at fault for causing their injury, comparative fault determines how much they may recover. Texas follows the 51 percent bar rule, which states that a plaintiff who is more than 50 percent at fault would be barred from recovery. However, a plaintiff who is less than 50 percent at fault may recover damages reduced by their percentage of fault, if any. For example, a plaintiff who is 10 percent at fault could recover 90 percent of their overall damages. A skilled lawyer could help calculate a plaintiff’s percentage of fault in a Celina slip and fall claim.

Statute of Limitations

Plaintiffs must file their lawsuit within the given timeframe if they are to seek economic, noneconomic, and property damages. Texas Civil Practice & Remedies Code §16.003 gives personal injury plaintiffs two years to file their case from the date of the injury. Failing to file within the applicable statutory period for a case may result in a prospective plaintiff losing the right to sue.

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Call a Celina Slip and Fall Attorney Today

Slip and falls can result in seriously taxing and unforgiving injuries and the amount of time and effort it takes to get through the pain and rehabilitation process can be incredibly stressful to go through. Let our attorneys and staff handle legal recovery on your behalf, so you can focus on your physical recovery. To learn more about your legal options, call a Celina slip and fall lawyer today and schedule a consultation.

Celina 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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