Sealy Premises Liability Attorney
In Texas, property owners are required to take certain measures to ensure that their premises are safe for visitors. Property owners who fail to take these steps can be held liable for damages under the legal theory of premises liability if their actions (or failure to act) resulted in an accident. There are a number of different types of accidents that could support a premises liability claim, but the most common include swimming pool accidents, dog bites, and slip and fall accidents. To learn more about recovering damages for the injury you sustained on someone else’s property, please contact an experienced Sealy premises liability attorney today.
The Elements of a Premises Liability Claim
In order to file a successful premises liability claim in Texas, an injured party must be able to establish that:
- The defendant owed him or her a legal duty of care;
- The defendant breached that duty; and
- The defendant’s breach resulted in the plaintiff’s injury.
The specific duty owed by a defendant to a particular plaintiff will depend on the relationship of the parties at the time of the accident. If, for instance, a property owner invites a person onto the premises for business purposes or for a mutual benefit, he or she must use the utmost care in keeping the property safe, which includes issuing warnings about or making safe any dangerous conditions on the property. Visitors who are invited for their own benefit, on the other hand, like a salesperson or a social guest, are owed a slightly lower duty of care. In these cases, the owner need only warn the visitor of any dangerous conditions that he or she knows about and that are not open and obvious. Finally, trespassers, who enter without authority or permission, are only protected from the willful conduct or gross negligence of the property owner.
Examples of Premises Liability Claims
Premises liability claims encompass a wide range of accidents, including:
- Swimming pool accidents;
- Dog bites and animal attacks;
- Slip and fall accidents;
- Gym injuries;
- Amusement park accidents;
- Staircase falls;
- Elevator and escalator accidents; and
- Criminal activity resulting from negligent security.
When these kinds of accidents occur on someone else’s property through no fault of the victim’s, the property owner could be held liable for related losses. This could include an individual owner, like a homeowner, as well as a business owner, or a government entity, such as the owner of a municipal pool. In fact, renters, tenants, and property managers can also be held liable for accidents that occur on their premises in some cases.
Whether an individual, a business, or a government agency, a property owner who is found liable for an accident that occurred on its property could be required to compensate the victim for past and future medical care, lost wages, property damage, pain and suffering, and emotional distress. In the event that the property owner’s behavior was grossly negligent or intentional, the injured party could even receive punitive damages.
Speak with an Experienced Sealy Premises Liability Attorney
Please call 281-347-3247 to speak with dedicated premises liability lawyer Sue E. West at The West Law Office, PLLC about your own recovery options following an accident on someone else’s property.
