When you are injured on someone else’s property, you may have a claim for premises liability. However, in order to bring a successful claim for premises liability in Texas, you must be able to prove three things:
- The defendant owed a legal duty to the plaintiff;
- The defendant breached that legal duty; and
- The breach caused damages.
Types of Visitors
The duty that the defendant owes the plaintiff is dependent upon the type of visitor that the plaintiff is at the time that he or she was injured. There are three different types of visitors: 1) licensees; 2) invitees; and 3) trespassers.
A licensee is an individual who has received permission to enter the property from the owner of the property. A licensee is also on the property for their benefit. Examples of a licensee include salespersons and social guests. As such, the owner owes a duty to the licensee to warn them of any dangerous conditions on the property that are known to them but not to the licensee. Alternatively, the owner of the property doesn’t have to warn them if he or she makes the dangerous condition safe. Dangerous conditions may include things such as broken stairs, loose railings, and holes in the ground.
An invitee is an individual who has received permission to enter the property from the owner of the property, but unlike a licensee, does so for the mutual benefit of both themselves and the property owner. Examples of invitees include meter readers and patrons of businesses. The owner owes a duty to warn of any dangerous conditions that he or she knows of or could have known of had he or she conducted a reasonable inspection of the property. Again, the owner does not have to warn if he or she makes the dangerous conditions safe.
A trespasser is an individual who has not received permission to enter the property from the property owner, manager, etc. In such a case, the only duty that is owned to a trespasser is the duty to not willfully, wantonly, or negligently cause injury.
For example, if a woman goes into a store in order to buy jewelry, and she falls on uneven stairs and breaks her arm, the store would likely be held liable. This is because in this instance the woman is an invitee; she is going to buy jewelry and the store is going to make money. The stairs being uneven is something that the owner of the store either knew about or should have known about had he or she conducted a reasonable inspection.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured on Someone Else’s Property
When you have been injured on someone else’s property, you are likely faced with financial hardships. You should not be held responsible for someone else’s negligence. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough help victims of premise liability to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.