Lewisville Premises Liability Lawyer
Property owners owe a duty of care to those who legally enter the premise. It is their responsibility to remove or warn of known hazards to ensure the safety of guests. Should a property owner fail in this duty and a visitor suffer harm as a result, then civil action may be necessary.
An experienced Lewisville premises liability lawyer could help you seek financial recourse if you were harmed by a hazard on another’s property. From gathering evidence to negotiating with insurers, a seasoned injury attorney could be a strong asset in getting fair compensation for your harm.
Does a Property Owner Have Different Duties to Different Guests?
Under state law, the owner of a property may be responsible for a person’s injuries if they fail to follow their duty of care to keep the premises safe. These duties differ depending on the legal status of the person that entered the property. A visitor may be classified as either an invitee, licensee, or trespasser.
An invitee, often called a business invitee, is a legal status that is afforded the utmost protection. These are typically individuals who are invited into a business for the purposes of buying goods or services from the property owner. This invitation can be express or implied, the same protection is granted either way.
Owners of property, especially businesses, are required to keep their premises reasonably safe for invitees. These property owners are also expected to warn of known hazards on the premises. This can include hazards of which they had direct knowledge, but also those that they should have known were there. This is referred to as “constructive knowledge” of the hazard.
A licensee is a person who is allowed to be on the property but is not there for a business purpose. The licensee is on the property for their own benefit, and not necessarily the benefit of the owner of the property. Property owners also owe a duty of care to licensees to protect them from reasonable harm under state law.
Are Trespassers Protected by a Standard of Care?
A trespasser is a person who is not permitted to be on the property, or a person who has exceeded the scope of their original permission to be on the property. Trespassers are not protected by a general standard of care. For the most part, property owners do not owe a duty of care to trespassers.
Property owners cannot purposely cause harm to trespassers, such as by setting traps. If a trespasser were intentionally harmed by a property owner, they could potentially hold them financially liable with the help of a local attorney.
Recoverable Damages in a Dangerous Property Claim
A civil claim aims to compensate the injured party for their financial and personal losses suffered in an accident. A person injured on a hazardous property could potentially recover compensation for:
- Property damage
- Past and future medical bills
- Lost time off of work
- Pain and suffering
- Loss of consortium
- Wrongful death
The amount of damages will depend greatly on the individual case. For instance, someone who suffers a TBI from slipping and falling in a store would likely recover more damages than someone who strains a muscle from falling. A Lewisville attorney could help someone injured on another’s premises calculate their total recoverable damages.
Contact a Lewisville Premises Liability Attorney Today
If a property owner’s negligence caused you harm, a premises liability lawsuit may be necessary to recover financial compensation. By enlisting the services of an accomplished legal professional, you could improve your chances of a full recovery. Call our firm today to schedule a free consultation with a Lewisville premises liability lawyer.