What Is Premises Liability? Getting Compensation for Injuries on Public Property
When you spend time in a public place, you probably don’t expect to be in much danger. However, if you have suffered an injury due to the negligence or actions of the property owner, you may need to file a premises liability lawsuit.
Keep reading to learn more about what premises liability is and when you can file a suit with support from your McAllen premises liability lawyers.
What Is Premises Liability?
Premises liability is the law that dictates the responsibilities a property owner has to those who come on their property.
If you’re injured on someone’s property because of their failure to establish or maintain a reasonably safe environment, you can sue them under premises liability. This applies to business owners and private property owners, but the legal responsibilities will vary between the two. Business owners have more obligations toward customers than private property owners have toward visitors.
When Can I File a Premises Liability Lawsuit?
It’s important to note that property owners aren’t always responsible for injuries sustained on their property. In order to file a successful lawsuit, your case will need to meet a few criteria:
- The allegedly at-fault party owned or occupied the property
- The alleged at-fault party failed to uphold their duty of care toward you
- You suffered an injury directly as a result of the failed duty of care
You will need to prove each of those criteria to qualify for compensation under premises liability law. A personal injury attorney can help you get the evidence you need to make a strong case for relief.
Who Can File a Premises Liability Lawsuit?
Premises liability law establishes a few different classes of victims who can file a case for compensation. The duty of care owed by the property owner varies between each class:
- Invitees — invitees are those who visit a property to do business with the owner, including customers. Property owners have the highest duty of care toward invitees. Any potential dangers must be identified and addressed or properly marked.
- Licensees — licensees are those who visit a property for their own purposes, including house guests. Property owners don’t have to inspect their property for dangers in this case, but they do have to warn about any dangers they know of.
- Trespassers — trespassers visit a property without permission. Property owners can’t actively create an environment that’s unsafe for trespassers and may have to warn about dangers in some rare cases.
- Children — property owners have a duty of care for children even if they’re trespassing. If there’s something on the property that attracts children, like a pool or trampoline, the property owner must take steps to prevent or reduce danger.
- Employees — employees are a special class because they usually can’t bring a premises liability lawsuit in Texas. Instead, employees file for workers’ compensation. If your employer doesn’t have workers’ compensation insurance or refuses to pay what they owe, you may need to file a premises liability lawsuit.
Villalobos Premises Liability Lawyers: Representation You Can Rely On
From business owners to homeowners, all property owners have a certain level of responsibility for the safety of those who come on their property. Failure to uphold that responsibility can lead to serious injuries—and a premises liability lawsuit.
If you’ve been injured due to the negligence or actions of a property owner, you deserve the right to seek compensation for your losses. The premises liability lawyers here at Villalobos Law Firm in McAllen would be proud to fight for you in negotiations or a court of law.
