Premises Liability Attorney in Mesquite Representing Clients Hurt on Someone Else’s Property
Under Texas law, property owners have the duty to ensure their property is safe and free of hazards to all of those lawfully present on it. When a guest happens to be injured while visiting someone else’s property, that guest could be entitled to compensation. Learn how premises liability cases work in Texas and the steps you should take to hold a negligent property owner responsible for your damages.
What Is a Premises Liability Case?
A premises liability case occurs when any person who is lawfully present on someone else’s property ends up getting hurt after encountering a hazard or unsafe situation that should have been addressed by the property owner. For example, if a customer at a restaurant ends up slipping and falling in the bathroom because the floor is slippery and wet, that customer may have a claim against the restaurant owner.
Premises liability is a term used to classify a wide variety of personal injury claims that occur on another party’s property. Examples of premises liability cases can include slip and fall accidents, dog bites, swimming pool accidents, injuries due to falling objects, dog bites, and even escalator or elevator injuries.
How Do You Prove a Property Owner Was Negligent?
As with any personal injury case, a premises liability case places the burden of proof on the plaintiff, meaning it is up to the victim to prove that the cause of their damages was the property owner’s negligence. To do that, there are a few aspects that need to be proven.
First, the plaintiff should prove that the property owner breached their duty of care and failed to maintain a safe area for all guests by failing to correct a hazardous situation they knew or should have known about. Second, they need to prove that the property owner’s breach of duty of care was the direct cause of their accident and injuries. Finally, the plaintiff must show that the accident resulted in significant damages that require compensation. A skilled premises liability lawyer can help plaintiffs prove negligence by gathering a variety of evidence to support the case.
Can Premises Liability Cases Apply to Trespassers?
Premises liability cases are usually only applicable to individuals lawfully present on someone’s property or on government property. A guest to a private residence or rental community, a customer to a retail store, or a person using a public park are all examples of lawfully present individuals.
Trespassing means entering a property without the landowner’s permission or acknowledgment, usually with the goal of engaging in some type of criminal activity. In most cases, trespassers cannot sue a landowner for injuries sustained while they were committing the act of trespassing, such as a burglar getting bitten by the homeowner’s dog. However, in some situations where the trespasser can prove the landowner acted with gross negligence or with willful intent to cause harm, the trespasser could have a claim against the property owner. Each case is unique, and it is best to discuss your particular case with a skilled premises liability lawyer.
Why Should I Work With a Premises Liability Lawyer?
Premises liability is perhaps the most common personal injury case type, and because of that, it is crucial for plaintiffs to build a strong case complete with evidence documenting the accident, the reasons for the accident, and the damages sustained as a result. Doing so while you are trying to heal from your injuries often proves to be an overwhelming task for most people.
A better choice is to leverage the legal knowledge and negotiation skills of a premises liability lawyer and allow them to take over your case on your behalf. That way, you can rest assured your attorney is doing everything to protect your rights as a victim and fight for maximum compensation. The Oberg Law Office in Mesquite, Texas, can help you fight back if you have been injured in a premises liability claim. Reach out to our office by calling 972-682-9700 and requesting a no-cost initial consultation to discuss your case.