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 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.
Accidents That Fall Under Premises Liability Law
Premises liability law covers a broad scope of personal injury cases. The most common would be slip and fall injuries. If a property owner has a hazard on their premises and somebody slips or trips and falls, that can be a premises liability case.
Another premises liability case can be for the property itself is dangerous. For instance, uneven staircases, exposed electrical wire, or other inherently unsafe conditions. Dog bites, and other dangerous animal attacks, can also fall under premises liability should the property owner allow an aggressive animal to roam freely on their land.
Since premises liability law covers a variety of accidents, it is important for claimants to seek an experienced attorney in McKinney. A lawyer who has handled a variety of property injury cases could provide reliable guidance.
What Should a Claimant Know About Property Liability Cases?
The first thing a person should know about when dealing with premises liability cases in McKinney, is that these are very difficult cases. It is imperative for claimants to obtain skilled legal guidance to ensure they are developing a strong legal claim for damages.
It is also important for claimants to understand the importance of gathering evidence immediately. This includes evidence of how long this property hazard had existed, whether the landowner knew about the problem, and whether they have had prior issues. Evidence can quickly disappear, so it is important to be aggressive about preserving it.
Contact a Frisco Premises Liability Attorney For 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. Contact a Frisco premises liability attorney who could fight for you.