A premises liability claim can be filed after an injury on the property of another person. If it is determined that the property owner or occupier failed to protect their visitors from harm, they could be liable for their monetary damages.
If you sustained injures on another person’s property, you should seek the assistance of a knowledgeable personal injury attorney. From investigating an injury to negotiating a settlement, the work of a Melissa premises liability lawyer could be vital to your case.
A premises liability claims differ from the negligence theory that is common with most civil claims. Instead of proving that the property owner negligently caused an injury, a successful claimant and their local attorney must establish that owner or occupier failed to take reasonable steps to address a dangerous hazard on their property.
Much like with a standard negligence case, a claimant must show the owner or occupier of the property owed them a duty of care. However, that duty differs depending on the claimant’s relationship with the property. Specifically, the duty hinges on whether the claimant was an invitee, licensee, or trespasser.
Invitees enjoy the highest degree of protection under the law. These visitors enter the property with express or implied permission for the benefit of the owner or occupier. Property owners must not only advise invitees of hazards on the premises, they must also take reasonable steps to rectify these hazards.
Licensees are also invited onto the premises, but for different purposes. A licensee is an individual that enters property for their own reasons. The most common example involves an invited social guest. Property owners are required to notify these guests of potentially dangerous hazards.
Unlike a licensee or an invitee, a trespasser does not have permission to be on the property of another person. Most of the time, property owners have no duty to these individuals. The important exception involves claims of intentional injury.
It is possible for a person’s premises liability accident to partially be their fault. When visitors to a property are careless, they could suffer an otherwise preventable injury. The extent of a person’s role in causing their own injury will determine whether they may pursue a case against the property owner.
In Melissa, a dangerous property attorney could pursue a claim for an injured party so long as they are not primarily to blame for their injuries. If a claimant is not more than 50 percent at fault, they have the right to seek monetary compensation, as per Texas Civil Practice & Remedies Code §33.003. According to the statute, the court will reduce a claimant’s recovery by their degree of liability. This means a claimant could receive only a fraction of their damages if they bear a large degree of fault.
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.
