When you are injured on someone else’s property or a commercial property, premises liability might be applicable. Premises liability describes a type of personal injury caused by the property owner’s negligence to keep the conditions of the property safe. Examples are a failure to fix a broken step or balcony railing or slippery floors in supermarkets or dog bites in someone else’s home. In this article, your trusted team from the Hernandez Law Group, P.C. takes a closer look at the finer details of premises liability.
What Falls Under a Premises Liability Case?
There are many different types of premises liability cases. These are the most common cases:
- Slip and Fall Accidents
- Inadequate Maintenance of the Property
- Inadequate Security
- Dog Bites
- Swimming Pool Accidents
- Amusement Park Accidents
- Fire and Burn Injuries
What Is Duty of Care?
All property owners are required by law to uphold the care and maintenance of their home so that their property is safe for individuals visiting the property. However, some states limit this duty of care, depending on the status of the individual visiting. This status can be broken down into three categories:
The term invitee is used to describe individuals who have the property owner’s expressed permission (or implied permission) to be on their property. This can include friends, relatives, and neighbors. Property owners must uphold a reasonable standard of care for their home to make it safe for the invitee.
The term licensee is used to describe an individual who has the expressed or implied permission to be on the owner’s property. However, the difference between an invitee and a licensee is that the licensee is there for their own business, whereas an invitee is there for the benefit of both parties. The property owner owes a licensee a lesser duty of care than the invitee. The licensee only has to be warned of the potentially hazardous conditions on the property that could lead to injury. This holds if the property owner knows about the dangerous condition or the licensee is not likely to see or discover it on their own. This can be anywhere from a broken step on a porch, a loose railing on a balcony, or a dog.
Trespasser is a term used to describe an individual who does not have the authorization of the property owner to be on the property. Property owners owe trespassers no amount of duty of care unless the trespasser is a child. Children are owed a higher duty of care to avoid a serious accident on a property. This is known as the Attractive Nuisance Doctrine and can be applied to hazards, such as a swimming pool.
Types of Premises Liability Cases
There are many different types of premises liability cases. Here are the three main types that are often seen in courts:
Slip and Fall Accidents
Slip and fall accidents are usually pretty straight forward. Defective staircases, ice or snow on walkways, and wet floors can cause accidents. If an individual is injured and the property owner knows about the hazard, this falls under the premises liability case, and the injured party may be entitled to monetary compensation.
Inadequate Building Security
All commercial buildings are required by law to have some sort of protection for patrons and employees like cameras, lights, or even security guards. If someone is injured on a commercial property or commercial residential property and the injury could have been avoided with stronger safety measures, that individual has a case under premises liability. This is because the property owner failed in his or her duty of care to provide adequate security for the injured party.
Swimming Pool Accidents
Swimming pool accidents often involve children. They are protected under the Attractive Nuisance Doctrine from incidents that might occur when they wander onto a property and are injured. Children often lack the reasoning skills to avoid hazardous situations in which an adult would reasonably avoid. Most states have laws dictating that pool owners must have a fence enclosure to ensure that children cannot wander and fall in.
Claiming Compensation for a Premises Liability Case
If you were injured on someone else’s property, you may be eligible for monetary compensation for damages and medical expenses. The dedicated premises liability attorneys at the Hernandez Law Group, P.C. can help you claim the compensation you deserve. Juan Hernandez is one of the 2% of Texas Board Certified Lawyers in Personal Injury Law. With his expansive knowledge and passionate team, there is no challenge the Hernandez Law Group cannot handle. Contact our team today for more information or to schedule a free no-obligation consultation.