McKinney Premises Liability Lawyer
A property owner typically has a responsibility to visitors to provide a safe environment for them. If a visitor is injured on their property, the property owner could face a lawsuit for liability. The property owner, through their insurance, may be responsible for compensating the victim for their pain and suffering, lost wages or medical expenses. If you were injured while on someone else’s property, you may be eligible to file for compensation. The law behind premises liability is often complex, so it may be important to consult with a McKinney premises liability lawyer.
A skilled personal injury attorney who is familiar with such cases could help by examining case facts and striving to demonstrate the negligence of the accused party. Working with legal counsel that understands premises liability cases may assist a person as they attempt to build a substantial claim in court. Schedule an appointment to discuss potential legal strategies that may serve your case’s best interests.
What are the Visitor Classifications in McKinney?
Pursuant to Texas common law, a person who enters someone else’s property is typically classified in one of three categories. First, if someone was on another’s property for business purposes, they are generally classified as an invitee. An invitee has entered the property with the express or implied permission of the owner and is typically there to conduct business that benefits both the invitee and the owner. An example could be a shopper at a grocery store.
The owner has the duty to secure the premises for the invitee and ensure that they are safe or, alternatively, to warn of any unsafe conditions. This often means that the owner must regularly inspect the property for hazards, secure all defects, and ensure the business is conducted safely. In many other states, warning a business invitee of a potential hazard is not always enough to escape liability, but in Texas, choosing to warn of the problem and not correct the danger could lessen accountability.
The second classification is a licensee. A licensee commonly is a person who is on the property with express consent from the property owner, but not to conduct business. An example of a licensee would be a social guest. The property owner generally has the second highest duty to the licensee and typically is responsible for giving them fair warning of any potential dangers or hazards that the owner knows about. However, the owner generally does not have a duty to fix the defects if the owner warns of the defects.
The final classification is a trespasser. A trespasser could have entered the property without any permission from the property owner. Property owners have no duty to warn unknown trespassers of any hazards, although there are exceptions in the case of children. Consulting with a McKinney lawyer could help determine what status a person possessed at the time of their accident and how it may affect the outcome of a premises liability claim.
Examples of Premises Liability
- Slip and falls
- Blunt impact from falling objects
- Assault due to inadequate security
- Exposure to toxins or irritating fumes
Any of these accidents may lead to mounting medical bills and the stress of dealing with insurance companies. Working with a premises liability lawyer in the area could help someone work towards fair compensation for their injuries and potentially life an injured person’s increased financial burden.
What is the Attractive Nuisance Doctrine?
The doctrine of attractive nuisance is a doctrine in Texas law that protects children from certain hazards that they could be attracted to, even if the child is trespassing on the property. State law recognizes children might not understand these risks due to their age and lack of understanding, so it is up to property owners to minimize these potential dangers.
Swimming pools are a common attractive nuisance. If a property owner fails to adequately fence off a pool, resulting in a child suffering harm or possibly drowning, the landowner could be held liable.
Reach Out to a McKinney Premises Liability Attorney for Help
Although a premises liability injury could be devastating, a McKinney premises liability lawyer could help you begin the road to recovery by pursuing financial compensation. While receiving damages could hold a negligent party accountable for the role they might have played in your injury, it could also reduce the chance for another person to experience a similar injury. Speak with a capable injury attorney today and start assessing your legal options.