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(972) 854-7900
Available 24/7
(972) 854-7900
If you were injured on another person’s property, whether it is commercial or residential, the proprietor may be liable for any ensuing financial damages. To win a premise liability case, you must be able to prove the owner of the building or related grounds was negligent in some way. A Plano premises liability lawyer could help you pursue the compensation you deserve for the damages they caused you and your loved ones. By speaking with an experienced injury attorney, you could improve your chances of a successful claim.
A wide variety of personal injury cases are classified as premise liability suits. They include, but are not limited to:
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 which is open to the public, , the owner must exercise 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
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 holds 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.
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 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.
McCraw Law Group
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