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People may encounter many hazards when they are away from home, but property owners or occupying renters have a responsibility to keep their premises free from conditions that pose an unreasonable risk to others. If an individual sustains an injury on someone else’s property, they could seek damages for their losses.
Premises liability is complicated, and it can be especially difficult to navigate right after an accident. If you were injured on someone else’s property, you should consult a Parker premises liability lawyer to find out how to get the compensation you need. Our dedicated personal injury attorneys are here to help you with your case.
The duty of care that all property owners must exercise depends upon the nature of the person that is visiting the property. If there is a commercial expectation or a commercial possibility for the visit, they are considered a business invitee. These visitors have the highest level of care. The secondary level is the licensee, somebody that is there, with permission, for their own business. Property owners owe the lowest level of care to trespassers.
Premises liability refers to the condition of the property, not the activity that happens there. In these types of cases, the relationship between the property owner/renter and the visitor determines the duty toward the visitor, which impacts a defendant’s liability.
The greatest obligation a property owner has is toward an invitee, or a person who enters a property to benefit both the operator of the premises and themselves. Common types of invitees are customers, business patrons, mail carriers, and delivery persons.
The premises operator must warn invitees of potential risks that they know about or should have known about that could cause injury. In certain situations, however, warning the invitee of the problem but not fixing it can be enough for an owner to escape liability.
Licensees are people who enter a property with permission but for the licensee’s sole benefit. Friends, social guests, and unsolicited salespeople are all licensees under premises liability theory. Property owners and occupiers must warn invitees about unreasonable risks that they know about. If there is no knowledge of the risk, however, they have no duty to warn.
People who enter a property without permission are trespassers, and the owner or occupier of the premises has no duty to warn them about hazards. Nonetheless, an owner or occupier may not create a condition on the property that would intentionally injure a trespasser.
Intentionally creating a hazardous condition is considered gross negligence—an act or omission that involves conscious indifference to the safety of others. In these rare cases, a trespasser could seek damages.
The amount of liability an owner has also depends on the use of the land. According to Texas Civil Practices and Remedy Code §75.002, if the land is used for agriculture, the landowner has less responsibility for injuries another may suffer on the property. An experienced local attorney could help someone determine if they have a viable premises liability case based on their situation.
Landowners and operators could be liable for injuries children suffer while playing on or with an “attractive nuisance” on the premises. An attractive nuisance is an artificial improvement such as a swimming pool, construction site, or billboard, that could attract children.
Because children may not be able to recognize the inherent dangers of an attractive nuisance, owners and occupiers must exercise reasonable care to keep children away from such hazards. A skilled attorney in the area could analyze a given premises liability case and determine whether the claimant could seek damages under the attractive nuisance doctrine.
Premises liability cases can be challenging for anyone not intimately familiar with this area of state law. If you have suffered an injury on someone else’s property, you should get in touch with one of our lawyers. Contact our office today to review your case with a Parker premises liability lawyer.
McCraw Law Group
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