Premises liability claims arise when the condition of an individual’s or entity’s property led to an injury. In many of these cases, defects and unsafe conditions play a role in an accident and leave a visitor or other individual with serious injuries. As with different types of personal injury claims, they are formed under the basis of negligence. If you suffered injuries on another person’s property in the Woodlands, a premises liability lawyer could help. Our team of personal injury attorneys could help you file a claim based on negligence and use our resources to build a strong case.
Proving a Property Owner Negligence in a Liability Claim
For an individual to obtain compensation in a premises liability claim, they must show that the owner or property manager was negligent. Negligence applies to these cases when an owner failed to utilize reasonable care. In these situations, a failure to use reasonable care refers to a proprietor’s inability to properly maintain their premises or adequately warn visitors of potential hazards. For example, if a property owner knew about broken floorboards and did not take steps to either warn visitors or fix this hazard, they could be liable if someone hurts themselves while walking through the property. A Woodlands premises liability lawyer could determine if a property owner may be liable in a specific premises liability claim.
Common Types of Premises Liability Cases in the Woodlands
Individuals can hurt themselves in a variety of ways while visiting another person’s property. As such, property owners and managers have a legal obligation to monitor their premises for any potential dangers that could cause an accident. Some conditions that may result in a viable premises liability claim include:
- Slippery flooring
- Uneven sidewalks
- Broken handrails or staircases
- Inadequate building security
- Elevator/escalator accidents
- Toxic Fumes
Slip and Fall Accidents
In the Woodlands, when a person experiences a sudden slip and falls on another person’s property and they are able to prove negligence, they could receive compensation for their damages with the help of a premises liability attorney. Some conditions that lead to these accidents include unexpected floor changes, poor lighting, slippery stairs, and wet flooring.
To prove fault in a slip and fall accident, the plaintiff must show that the owner of the property reasonably knew about the dangerous condition leading to the fall. In order to establish negligence, they must prove that:
- The condition resulted from the owner’s negligence
- The owner knew about the dangerous condition but did nothing to correct the issue
- The condition was preexisting but not corrected
The Duty of Care in Premises Liability
Property owners owe a duty of care to all who enter their premises. However, the law divides visitors into different categories, which determines the degree to which a property owner may actually be liable. The types of visitors include:
- Invitees: Invitees have permission to be on the property such as friends, relatives, and neighbors. Property owners always have a duty to keep their premises safe for these individuals.
- Licensees: These are individuals who have implied permission to enter a property. Landowners owe a lesser duty to these individuals but still must do their best to recognize any dangers on their property.
- Trespassers: These people do not have permission to be on the property. Therefore, landowners owe no duty to these individuals except to avoid intentional harm.
A premises liability lawyer who is familiar with premises liability law in the Woodlands could identify which category a claimant may fall into and determine how to proceed with their case.
Consult with a Premises Liability Attorney in the Woodlands
If you suffered injuries because of unsafe conditions on a property, you may have a viable claim for damages. From medical bills that continue to add up to lost wages from missing work, the aftermath of these accidents can be difficult and stressful to face. Our premises liability lawyers in the Woodlands could handle each aspect of your claim during this challenging process so that you can work on recovering from your injuries. Please contact an attorney as soon as possible to get started.