What Are theTypes of Premises Liability?

A wide variety of personal injury cases are classified as premise liability suits. They include, but are not limited to:

  • Slip and fall accidents
  • Insufficient premise maintenance-related accidents
  • Toxic fume and chemical poisoning
  • Escalator and elevator accidents
  • Defective property conditions
  • Fires

Additional premise liability accidents include those involving public swimming pools, amusement parks, fires, flooding, and water leaks, and even dog bites.

Establishing fault in such cases could be challenging depending on the plaintiff’s classification and reason and circumstances for being on the property. It is often helpful to work with a Plano attorney who has experience handling premises liability claims because each scenario is unique and may be subject to different levels of liability.

If the plaintiff is an invitee, such as a member of the public on the premises in an effort by the property owner or occupier to profit, such as the owner of a store that is open to the public, the owner must exercise a duty of care to keep the surroundings safe from dangers that they know or should have known about. A licensee, such as a person with permission to visit the grounds but without any expectation of profit by the owner, also enjoys duty of care status, requiring the owner to at least warn the individual about unsafe conditions that the owner knows about.

Unlike invitees and licensees, trespassers enter properties unlawfully and, therefore, are not owed a duty of care by the owner. The only exception to the trespasser rule is children who may not realize they have entered another’s property or may not realize the danger that is known to the property owner.  This exception called an attractive nuisance in law, can sometimes be used to hold a landowner responsible for known dangers that harm a trespassing child

When Is a Property Owner Considered Liable for an Injury in Plano?

Establishing fault in a premise liability case requires a demonstration that the property owner created or failed to fix unsafe conditions. When a proprietor was aware of a potential hazard, but they took action to conceal the danger from a visitor, they may be liable to pay compensation to the victim. Texas state laws generally hold property owners to a set duty of care, meaning they keep their premises reasonably safe for others.

Since Texas is a comparative negligence state, the plaintiff may be partially liable depending on the type of case. A person filing a claim could see their amount of financial recovery reduced proportionally to their degree of fault. Additionally, if a claimant is more than 50 percent at fault, they would be completely barred from recovery.

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Speak With a Plano Premise Liability Attorney Today

Premise liability damages could include past, current, and future medical bills, lost wages, emotional scarring, and pain and suffering. The court could even require the property owner to pay legal costs in light of your accident type. A Plano premise liability lawyer at McCraw Law Group could help determine your plaintiff classification, gather evidence pertaining to your case, and represent you when needed, such as during a settlement or trial if the case requires it. Contact our firm today to get started on your claim.

Plano Case Types

Get The Help You Need Contact McCraw Law Group

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.

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