Property owners have specific responsibilities according to local, state and federal laws to provide a safe environment for their visitors, customers, and tenants when they enter their premises. However, if you or a family member suffers a serious bodily injury due to hazardous conditions on the property, you may be able to file a premises liability lawsuit.
Common causes of premises liability injuries include the following:
At Erskine & McMahon LLP, our Longview personal injury attorneys are dedicated to helping their clients recover their entitled compensation. With nearly 100 years of combined experience representing individuals like you or your loved ones, we possess an extensive knowledge of the Texas legal system in order to aggressively pursue the justice you deserve.
In order to successfully recover compensation from a premises liability case in Texas, the plaintiff must establish the existence of a legal duty owed by the defendant to him/her, breach of that duty by knowing about the hazardous condition and failing to repair the hazardous condition, as well as that hazardous condition was the cause of the injuries the plaintiff suffered. The duty owed by the defendant depends upon the status of the plaintiff at the time of the injury, such as an invitee, licensee, and trespasser.
An invitee is an individual who enters the premises with the owner’s knowledge, consent, and invitation. Property owners must take reasonable care to ensure that the premises is safe for invitees. If the invitee suffers an injury while on the property, they must prove that the owner would’ve been aware of the potential danger and take action.
A licensee is someone who enters the property with either implied or expressed permission, such as a gas company employee or repairman. The duty of care by the property owner is to make the licensee aware of any potential dangers on the premises and does not cause injury willfully, wantonly, or through gross negligence.
A trespasser is someone who enters a property without permission, invitation, or legal authority. The property owner’s duty of care is to avoid intentionally injuring a trespasser.
Liability in premises liability lawsuits can be complicated. That is why it is imperative to have an experienced and skilled personal injury attorney who understands the complexities of the state laws and court proceedings in order to obtain the results you desire. Do not hesitate to get in touch with Erskine & McMahon LLP today.