Property owners have a responsibility to warn visitors of any dangerous conditions and hazards they are aware of. When a premises owner fails to remove or warn the public about an unsafe condition, they could be held liable in court for any injuries and damages that ensue.
Texas state law enables you to work with a knowledgeable personal injury lawyer to hold a landowner accountable for any damages that occurred on their property. With the help of a Fort Worth premises liability lawyer, you could seek compensation from the party responsible for your losses.
Examples of Accidents on Someone Else’s Property
A premises liability claim could arise when a person suffers a physical injury while visiting land that is the property of another party. If a landowner allows water to accumulate in a common area and does nothing to warn guests of the hazard, that landowner is liable for any resulting injury. A premises liability case may stem from:
- Slip and fall
- Construction site incidents
- Amusement park accidents
- Diving accidents
- Animal bites
- Elevator accidents
A claim like this may also arise from structural defects. Broken stairs, a lack of hand railings, and even improper lighting may all lead to serious accidental injuries for which a landowner is responsible.
In some cases, criminal activity may also implicate a property owner. If a bar fails to have adequate security and a fight results in an injury, that bar may share liability for the plaintiff’s losses. Similar rules require apartment buildings to have locks on common areas, gas stations to provide adequate lighting, and all buildings to have proper fire escapes and emergency exits. A knowledgeable Fort Worth attorney could help to explain the causes of property liability injuries.
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Responsibility in Premises Accidents
The most critical element of a premises liability case is whether or not the property owner acted reasonably in caring for their property and whether they could have foreseen an accident occurring. This includes considering whether the accident was likely to happen at some point, the circumstances under which the injured party was on the property, and whether any warnings were present about the hazardous conditions on the property.
A person generally cannot anticipate an accident will occur. When an accident does happen, an injured individual could file a lawsuit based on the claim that the property owner could have or should have known about the danger and yet took no corrective action.
To recover compensation on a plaintiff’s behalf, the landowner owed the plaintiff a duty of care and subsequently breached this care. There must also be a direct correlation between the breach of care and the plaintiff’s injuries. An accomplished attorney in Fort Worth could help prove that an owner is at fault for someone getting hurt on their land.
Both commercial businesses and private property owners could be held liable for an accident occurring on land they own or oversee. In some cases, even a government entity could be held responsible for injuries that occur on public property.
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Could the Claimant be Held Liable for Their Accident in Fort Worth?
Even if a landowner fails in their duty to keep a guest safe from harm, that defendant may still argue that the injured party did not take proper steps to protect themselves. The State of Texas follows a concept called modified comparative negligence to assign fault for accidents.
According to Texas Civil Practice & Remedies Code §33.003, if a jury believes that an injured party was partially to blame for their injuries, such as by running or failing to turn on a light, that jury will reduce the plaintiff’s compensation award. If a jury finds that a plaintiff is more than half to blame for the incident, the jury cannot award any compensation. A Fort Worth attorney could help refute claims against allegations of comparative negligence in a premises accident case.
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Duty of Care for Visitors
The fact that an injury occurs on another person’s land does not automatically mean that the owner is liable. Premises liability laws require a plaintiff to demonstrate that the owner owed them a duty of care. This involves an evaluation of whether a visitor had permission to enter the land and their motivations for doing so.
Trespassers who do not have permission to enter land can only pursue claims if a landowner intentionally or wantonly caused an injury. Licensees have permission to enter land for a social purpose. Owners here must warn guests of known hazards that may cause injuries. Finally, invitees enter land for the benefit of the owner, such as to buy products. Property owners have a duty to patrol their land to identify risks to visitors. A Fort Worth premises liability attorney could help to evaluate a visitor’s rights under the law.
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Recoverable Damages in a Premises Liability Case
When a party gets hurt on someone else’s property, medical expenses from their injuries are just one type of damages that might be recoverable through an injury lawsuit. Depending on the specific circumstances, injured individuals could also recover compensation for lost wages, lost earning capacity, pain and suffering, mental anguish, and loss of companionship. To determine which types of damages they may be eligible to recover, injured claimants should speak to a diligent property accident attorney in Fort Worth.
Enlist a Fort Worth Premises Liability Attorney Today
The best time to hire a personal injury attorney is immediately after an accident occurs. No one can anticipate exactly how an accident will change their life, but a legal representative who is familiar with premises liability law could provide insight into how to move forward after the fact.
If you or a loved one suffered an injury due to the negligence of a property owner, it might be best to speak to a Fort Worth premises liability lawyer to learn about how you may be able to seek compensation. Call today to get started on your claim.
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