The world is full of dangers and hazards that can lead to severe injuries or death. Some of them are unavoidable. Other dangerous conditions, however, are the direct result of property owners who fail to maintain their premises in a reasonably safe condition or disregard hazards that they knew or should have known about yet didn’t fix.
Not every accident or injury that happens on someone else’s property can be the basis of a lawsuit for compensation. But Texas law imposes specific duties on landowners and those responsible for the upkeep and maintenance of property that can make them liable for many injury-causing incidents on their property.
That law is based on the legal principle called “premises liability.” In Texas, premises liability law is complicated, and proving liability in these cases involves a great deal more than just showing that a plaintiff was hurt while on the defendant’s property. A hazard that may be the basis of liability under one set of circumstances may not support a claim in other cases.
In premises liability cases, more than just the property owner’s conduct is at issue; the injury victim’s identity and the circumstances around how and why he or she was on the premises when injured will play a significant role in determining whether an injury victim will receive compensation for his or her losses.
The Right Lawyer Can Make All the Difference in Complex Premises Liability Cases
Your choice of a premises liability lawyer will also make a critical difference as to the success of your claim and whether you see money in your pocket. At Sandoval & James we have extensive experience with all types of premises liability cases and have an in-depth understanding of the nuances of this area of law. But legal knowledge alone won’t get you the compensation you deserve. You need lawyers who are fully committed to your well-being; lawyers who will stand up to insurance companies and be relentless in their efforts on your behalf. That is what you can expect from the lawyers at Sandoval & James.
Responsibilities of Texas Property Owners
While Texas property owners are not necessarily responsible for every injury that occurs on their land, they can be liable for damages that resulted from their breach of duty to injury victims. The nature of the duty owed by a property owner depends on the reason that the visitor was on the property, whether the person was on the property with the owner’s consent, or whether the property was open to visitors and customers as a business purpose.
Under Texas law, a property owner has the following obligations to the following types of individuals:
- For a trespasser, a person who is on property without the owner’ consent – the owner is only liable for damages or injuries he or she causes willfully or intentionally. A burglar won’t be able to recover damages because he or she slipped on a spill in the kitchen, for example.
- A licensee is someone the owner has invited onto the premises for a non-business or commercial purpose, such as a social guest. Owners owe licensees a duty to warn them of hazards on the property that create an unreasonable risk of harm if the property owner is aware of the condition and it is unlikely to be discovered by the licensee.
- An invitee is typically a customer, client, or visitor at a store or business – and if the owner failed to use reasonable care to protect against hazards which he or she knew or should have known about, the owner could be held liable for any injuries that result from such a danger.
Sandoval James: Experienced Austin Premises Liability Lawyers
No matter how or where you were injured, you owe it to yourself to explore the possibility that the losses and costs you’ve incurred and the pain you’ve endured are someone else’s responsibility. When you meet with us for your free consultation to discuss your potential premises liability claim, we will evaluate your situation, answer your questions, and advise you of your options. If you have a viable claim, we will use every effort to get you the compensation you deserve.
To arrange for your free initial consultation, please call Sandoval James today at 512-382-7707 or contact us online.