Mansfield Premises Liability Lawyer
Property owners are legally required to protect all visitors who enter their land. If a landowner fails to protect visitors or warn them of any dangers, they could be held liable for damages. Premises liability cases are different from other negligence cases because the duty of the landowner depends on the injured party’s status as either an invitee, licensee, or trespasser. Those who have been injured on another’s property should seek help from a skilled attorney as soon as possible.
If you or a loved one were injured due to a negligent property owner, an experienced Mansfield premises liability lawyer could help you seek compensation for damages. A skilled attorney could investigate your accident, collect evidence, and help you hold the negligent party accountable for your damages. With the help of a determined personal injury attorney, you may be eligible to recover compensation for damages such as medical expenses pain and suffering, mental anguish, lost wages, loss of consortium, and loss of enjoyment of life.
Establishing Liability in Mansfield
Establishing a defendant’s potential liability requires more than merely proving ownership of the property where the injury occurred. Per Texas Civil Practices & Remedies Code § 95.001, the property owner must exhibit control, occupy or have possession of the premises when the injury occurred. For example, a landlord may not be liable for damages under some circumstances when they have relinquished control to tenants that are leasing the property.
Additionally, to hold the negligent party accountable for damages, the plaintiff’s premises liability owner must prove that certain elements existed at the time of the injury. These include:
- The owner or controller of the property must have been aware of a condition that may cause unreasonable harm
- The defendant failed to demonstrate reasonable care to prevent the risk of injury
- A causal relationship must exist between the defendant’s failure to exercise care and the subsequent harm to the plaintiff
The Classification of Visitors
In a premises liability case, the property owner may only be liable for damages if they failed to protect visitors from harm. The land owner’s duty depends on the classification of visitor and their reason for being on the property.
An invitee is someone the owner knows is on the premises and their presence in mutually beneficial. For example, a customer that has entered a retail store. The owner must protect an invitee from potentially dangerous conditions that they are aware of or should have been aware of.
A licensee is someone on the property for their purposes or benefit. For example, a salesperson who enters the premises, or a social visitor is a type of licensee. The owner has a duty to protect a licensee from dangerous conditions on their land.
A trespasser enters the property without any expressed or implied permission from the owner. The owner is typically only liable for a trespasser’s injuries if they intentionally cause them harm.
There are many examples of conditions that may exist on land or property that can create serious injuries. Slip and fall injuries may occur from spills on floors, damaged stairs, and failing to repair lighting necessary for visibility. The property owner may have a dangerous dog that attacks and injures someone on their land.
Consult with a Mansfield Premises Liability Attorney As Soon As Possible
All premises owners have a duty to protect visitors from unreasonably hazardous conditions. Individuals could sustain severe injuries such as broken bones, head trauma, organ damage, and spinal damage. If a property owner fails to protect visitors, they could be held liable in court and required to pay the injured claimant compensation for damages.
Proving the proper owner’s liability could be difficult without legal help. Reach out to a Mansfield premises liability lawyer for assistance with your case. Call today.