Frisco Premises Liability Lawyer
Premises liability injuries are injuries that people suffer while on the property of others. But depending on why that person was on another’s property, the outcome of the case may change considerably. Even the most obvious situations where a landowner is negligent in maintaining their property may be exempted if the injured person was trespassing. A Frisco premises liability lawyer can work with you to determine your legal rights while visiting another’s property and can help you pursue the appropriate defendants for compensation. Speak with a determined personal injury attorney and rest assured that you are in capable hands.
How Does Texas Handle Premises Liability Claims?
All premises liability cases require that the defendant landowner knew of the hazard prior to the incident or that the landowner should have known of the hazard. Even if a visitor to the property is injured in the most severe way due to a hidden hazard. If the landowner did not know about it and should not have known about it, the landowner cannot be held responsible.
When considering a premises liability claim a Frisco premises liability lawyer may wonder why the injured party was on the property and whether the victim had permission to be there. The reason being that Texas law provides three categories of visitors, each with their own levels of legal protection.
Types of Visitors
Trespassers are afforded the least protection. These are all people who enter onto private property without the owner’s permission. They can only collect damages when it is proven they were injured due to the landowner’s intentional or grossly negligent actions. A rare example of this is being harmed by a booby trap. Otherwise, trespassers face a difficult time in premises liability claims.
Licensees are people who are invited onto private property for a non-business reason. They are also protected from willful acts and gross negligence. In addition, landowners must take care to warn all licensees about any hazards of which they have knowledge. For example, if a homeowner knows that their front steps have rotted, and a visitor slips and falls on the stairs, the homeowner may be liable for any injuries.
Lastly, invitees are all people on private land for business purposes. This is the classification used for all premises liability cases involving malls or grocers. Here, a landowner has a duty to take reasonable steps to either protect visitors from unreasonable harm; that owner knows or should have known about, or the owner must warn of such harm.
A Frisco Premises Liability Lawyer Can Help
Texas property insurance companies know that Texas law is extremely limiting when it comes to premises liability claims. Without solid evidence to show that the defendant knew or should have known of the condition causing the harm, most premises liability cases are lost before they get to the trial stage. Many injured people assume that just because they were hurt on another’s land they have a valid claim.
Because of this, they rush into settlement negotiations and are surprised to find their claims are denied. Worse, insurance companies may twist their interpretations of the case in an attempt to take advantage of unwary plaintiffs. A Frisco premises liability lawyer can protect you from this unfortunate fate by working up the fault portion of the case aggressively, many of these cases can be successfully prosecuted.
Your attorney can understand how the law works, and the responsibilities of all types of property owners. Private property owners, especially businesses, tend to have an intimate knowledge of their land. If needed and applicable, your lawyer can gather evidence supporting a claim that the property owners were aware of hazards and yet did nothing to fix them. Armed with this knowledge, a Frisco premises liability attorney can fight for you.