Which Sort of Visitor You are Determines the Level of Legal Duty You are Owed
The obligation owed by a property owner to visitors changes due to the type of visitor, and there are three distinct types of legal duty in Texas Premises Law:
An Invitee is someone who knowingly and willingly visits a property for the mutual benefit of the owner and the visitor. An example of an invitee would be a shopper in a store. He or she benefits by purchasing something and the owner in-turn benefits by selling something to the Invitee.
A Licensee is a person who knowingly and willfully visits a property for his or her own sole benefit. The law considers someone stopping by to visit a friend to be an example of a licensee.
A Trespasser on the other hand is a person who enters a property knowingly and willfully without the permission of the property owner or a legal right for doing so. Examples of a trespasser might be a burglar or a door-to-door salesman.
Exploring a Property Owners’ Legal Duties to Various Types of Visitors and How They Vary
As you now know, property owners owe different duties of safety to different types of visitors. Invitees are owed the following responsibilities:
The property owner has a duty to be aware of any dangerous conditions on the premises and warn those who visit his or her property. An example would be a fast-food restaurant warning customers about a wet and slippery floor that an employee has just mopped.
The property owner has a duty to warn of unique dangers that you might not normally anticipate. For example, if you visit a friend’s house and his staircase has uneven steps or loose carpeting or some other dangerous hazard that is normally assumed to be safe, he is legally required to warn you.
The property owner has a duty of not knowingly or willingly injuring visitors. For instance, if a property owner booby traps his or her property to punish trespassers and the trap injures another visitor, like a child who cuts across his property on the way home from school, or some other innocent bystander or welcome visitor, that property owner has not fulfilled his legal duty and could be sued.
Licensees are owed the duties by property owners of being clearly warned of preexisting dangerous conditions in order to avoid being willfully, or inadvertently, injured by the property owner. However, some (not all) trespassers are only owed the duty of being protected from wanton dangers of which the property owner is aware. If a trespasser or licensee slips and falls on a newly laid sidewalk that is part of the city’s easement in front of the owner’s home, then that’s the trespasser’s problem: though he or she might be able to take his complaint to the city.
If you or someone you love has been injured on someone else’s property, then call us today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.
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Common Examples of Situations That May Justify a Premises Liability Case
There are several types of cases that are commonly litigated under Texas’ premises liability laws:
Slip and fall accidents – In this case, hazardous conditions on a property causing someone to trip or slip and fall if the property owner does not clearly warn the visitor.
Elevator collapse accidents – A defect in design or maintenance leads to an elevator collapse in which people are injured or killed. In this case, the plaintiff would likely seek premises liability relief through a defective product lawsuit.
Injuries as a result of criminal activity – When criminal activity on the property of an owner leads to the death or injury of another person, and the property owner is found to have taken part in that criminal offense (or had been aware of the activity beforehand), the property owner could be liable for damages.
Injuries due to falling down stairs – When known hazards on a staircase cause a visitor to slip and fall, injuring him or herself, and the visitor has not been clearly warned of the hazards, premises liability laws usually apply.
Dangerous animal attacks – when animals attack and injure a visitor to a property, the property owner is liable. A recently passed bill in the Texas Legislature that now makes this offense subject to criminal prosecution as well.
In order to win a premises liability lawsuit, the burden of proof is on the victim to clearly demonstrate that a hazard existed, that the property owner knew about the risk or should have known, and the hazard resulted in an accident and produced the victim’s injuries. Moreover, the victim, or plaintiff must be able to prove the requested compensation is both justified and reflective of the damages received by the plaintiff. In other words, you can’t just prove that the property owner failed to perform his or her reasonable legal duty. You must also prove that this failure actually justifies the amount of damages you are seeking. Fulfilling these requirements can be complex, and in order to succeed with a premises liability claim, you will likely need the assistance of an experienced Texas personal injury lawyer specializing in Texas premises law.
If you or someone you love has been injured on someone else’s property, then call us today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.
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Insurance Companies Oppose You and Your Premises Liability Civil Actions
Premises liability lawsuits usually involve the defendant’s insurance company simply because virtually any business owner knows the first check each month goes for the rent, and the second one pays the insurance. The same can be said for the majority of homeowners: at least those who are still paying a monthly note. Though this business owner or homeowner gets liability protection for his monthly premium, the owner (and his insurance company) and any injured party view this insurance coverage differently. You might see it as a means of financial compensation. Often, the insurance company is really providing “plausible deniability” for the owner to be responsible for paying damages. Does this sound a bit contradictory? Well yes, in many cases.
The insurance company is the one who writes the check to you if your case is successful. And it’s their job to fight you tooth-and-nail to deny your civil claim or case. Why? Because in order to protect their profits that come from all those premiums they take-in every month, insurance companies are in the business of not paying out claims whenever possible. They do it with insurance adjusters whose duty is to the insurance company, not to you: in spite of what the “friendly adjuster” might tell you. There’s always some reason why they’re dragging their feet in paying your claim. Sometimes they try to talk to you on the phone, and then record the conversation in hopes of tripping you up and getting you to say something they can use against you. The best way to avoid this hazard is to have an experienced premises liability lawyer to take those calls and keep you out of the loop.
Another position insurance companies take is to suspect (whether it’s true or not) that you’re just looking for some sucker to fleece and are using the premises liability laws to do just that. This is one reason why insurers have great lawyers, either on-staff or permanent retainer, to foil you at every turn. They file motions, argue technicalities, and generally try to put every legal roadblock they can think of to keep your case out of court. They have lots of experience dealing with premises liability claimants: both those who are justified as well as those they claim are not.
Finally, if the insurance companies know you have a good case but are not represented by a liability attorney, they’ll offer you a “low-ball” settlement that can’t come close to paying all of your damages arising from the property owner’s negligence. Or they think their case defense might be weak, even if they also suspect the veracity of the plaintiff’s charges. In short, your opposition knows the ins and outs of premises liability law and the best ways to avoid paying your legitimate injury claim against a property owner whose negligence caused your injury.
If you or someone you love has been injured on someone else’s property, then call us today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.
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With an enormous state university, Texas A&M, located in Texas, this area is, unfortunately, no stranger to drunk driving accidents. The Aggies do love their beer. Thus, if you’ve been injured or a family member’s life has been extinguished by a drunk driver, the accident lawyers at our Law Office have more than 30 years dealing with these cases and can help. Not only can we pursue compensation from the drunk driver, but we can also go after the drinking establishment who may have negligently served the driver past the point of obvious intoxication. Texas dram shop laws require bars and restaurants to serve liquor responsibly or pay for the consequences when they do not. Since drunk drivers are not capable of making rational decisions, the state of Texas calls upon servers and bartenders to protect the well-being of the general public. When handling a drunk driving accident, our lawyers will conduct a diligent investigation into the conduct of the drinking establishment. No, this doesn’t permit the drunken driver to escape liability – he or she merely shares financial accountability with the bar or restaurant. If the carelessness of a drunk driver has caused your injury or your loved one’s death, our dram shop lawyers can help you find justice, as well as fair compensation. We take our roles as advocates of justice very seriously, and the only way we have of forcing negligent drinking establishments to help reduce the number of drunk drivers on the road is through a dram shop lawsuit.
Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.
For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.
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When someone suffers a workplace injury, the results can be devastating – intense pain, mounting medical bills, and missed work. Unfortunately, dealing with on-the-job injuries in the state of Texas is highly complex. Employers in this state have the option of purchasing workers’ compensation insurance or taking their chances without it. This leads to gray areas in which employers who’ve had employees injured on the job will often lie about having workers’ compensation in order to avoid being sued. Some even carry the ruse so far as to make fake workers’ compensation payments to the injured worker. Some employers will give their workers misleading information about Texas workers’ compensation insurance. If you want to get down to the truth about your employer’s workers’ compensation status after a Texas work accident, you need the help of a lawyer who has experience with such matters. The Texas attorneys at our Law Offices have been dealing with on-the-job injuries for decades, so we know how to reveal your employer’s true workmen’s comp status and get you the benefits you deserve. In some cases, we may even be able to pursue a personal injury or wrongful death lawsuit against a negligent third party on top of whatever workers’ compensation benefits the injured party receives.
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Texas medical malpractice accidents can occur as the result of any medical professional and can occur virtually anywhere in the state. When you undergo a medical procedure or treatment, you have the right to expect medical professionals to give you safe and sound care. Sometimes, medical procedures just go wrong due to the cruelty of fate, but when the attending medical professional negligently causes harm to a patient in their care, a Texas medical malpractice lawsuit is in order. Texas medical malpractice lawsuits are not limited to doctors and nurses but may also be pursued against negligent dentists, anesthesiologists, pharmacists, oral surgeons, psychologists, or any other negligent medical professional who has caused harm to a patient. Sadly, the state of Texas has passed tort reforms that have made it very difficult to prove medical malpractice cases and have decreased the amount of recoverable insurance from medical malpractice policies. Thus, many lawyers refuse to accept medical malpractice cases. That’s not the case at our Texas Law Offices. Our medical malpractice attorneys don’t shirk from any case, and we can help you.
Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.
For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.
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When someone makes and sells a product for public consumption, that party is responsible for making sure the product is safe and has been properly tested. When a product then harms people, claims can be made under Texas product liability law. Usually, product liability issues are very difficult for the victims to resolve on their own because they’re taking on a wealthy company that can afford to arm themselves with an army of defense lawyers. In order to win a product liability lawsuit, you’re likely going to need the help of an attorney who has experience conducting investigations in product liability cases and knows how to find the evidence that will prove the danger of the product and the blame of the manufacturer. Our attorneys have handled product liability lawsuits for over 30 years. We’ve handled cases involving food contamination, prescription drugs, fireworks, faulty tires, defective seat belts, dangerous child safety seats, crib injuries, and mesothelioma. We know how to link a personal injury or a wrongful death to the harmful or defective product.
Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.
For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.
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When we entrust another party with the care of our children, we expect that they’re going to offer safe and trustworthy service. While daycare abuse is not at all common, it’s always a possibility. A daycare worker only needs a few moments of inattention for harm to befall a child. Moreover, some intentionally abuse the children. If a daycare worker has harmed a child either intentionally or by accident, both he or she and his or her employer can be held accountable. If your child has suffered daycare abuse, our lawyers will conduct a thorough investigation to identify all of the parties responsible. This is critically important not just to help you attain compensation, but also so that the harmful behavior does not continue, allowing other children to be abused. Not only do our daycare investigations bear fruit in a civil lawsuit, but we also hand the evidence over to the authorities who can then pursue criminal charges against the abuser. We are dedicated to bringing child abusers to justice.
Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.
For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.
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