Baytown Premises Liability Lawyer

Premises liability is a legal concept that says property owners must maintain reasonably safe premises to protect visitors from injury. If a visitor gets hurt and the property owner did not take reasonable care to prevent the injury, the owner may be on the hook for covering the medical bills.

People who got hurt while they were away from home and believe the property owner was negligent should contact a Baytown premises liability lawyer immediately. One of our resourceful injury attorneys could investigate the incident, explain what options you have, and pursue reasonable compensation for your injuries.

Various Incidents Could Lead to Premises Liability

A property owner’s obligation to protect against hazards that could injure visitors is broad. It goes far beyond failing to clean up a spill or removing obstructions from walkways.

Nearly any condition or event that might cause harm to a visitor could trigger premises liability. Bringing a dangerous premises lawsuit could be a viable option for someone who suffered injuries due to a:

• Malfunctioning elevator or escalator
• Building fire
• Violent crime on or near the property
• Drowning in a pool
• Fall at a daycare, playground, or afterschool program
• Dog bite or other domestic animal attack
• Falling object such as commercial merchandise, a tree branch, or collapsed roof
• Mold or other contaminant in a ventilation system

The extent of an owner’s duty to provide safe property depends on the type of property and the visitor’s purpose in being there. A Baytown attorney could review a situation involving a premises injury and explain whether an owner or business operator violated their duty.

Proving a Property Owner is Negligent

It is easiest to prove liability when the owner invites people to enter the property for their mutual benefit, like businesses that cater to the public, apartment complexes, and parking garages. The owners or operators must inspect the property at reasonable intervals and promptly repair any hazards they discover. They also have a duty to warn visitors of any dangers.

The obligations of social hosts and others who allow visitors on their property for the visitor’s benefit are less stringent. The owner must warn visitors of any hazards the owner knows of that would not be obvious to a visitor. The owner has no duty to inspect and need not warn about dangers that are open and obvious.

Although property owners or lessees are often liable when someone gets hurt, the injured person might also bear responsibility. According to Texas Civil Practice and Remedies Code § 33.003, the property owner will be liable for only part of the injured person’s damages if the plaintiff is partially responsible for their injury. A Baytown property accident lawyer could explain more about this law and whether it has an impact on the case.

What to Know if Your Child Was Injured

Children are often injured in cases that trigger premises liability. For example, when a child is hurt in a fall at school, in an accident at a public pool, or develops a disease due to contaminants in an apartment building, the child and their parents could have a claim.

A special set of rules applies if a child is injured due to an “attractive nuisance.” A landowner who knows children frequent an area must prevent them from accessing their property if it contains an artificial feature that could attract children such as a pool, shed, treehouse, sandpit, fountain, or machinery. If a child trespasses onto a property with an attractive nuisance, the landowner could be liable even though the child entered the property without permission.

The statute of limitations for personal injury cases in Texas is two years, and a child has two years from their 18th birthday to file a lawsuit. However, it is usually advantageous for the child’s parents to bring a lawsuit while the evidence is fresh, rather than waiting for the child to be old enough to sue. Parents whose child suffered an injury on another party’s property should consult a Baytown attorney as soon afterward as possible.

Seek Damages After an Injury with a Baytown Premises Liability Attorney

When you or a family member was hurt on someone else’s property, Schechter, Shaffer & Harris wants to help. You might be able to claim compensation if the owner or lessee did not meet their obligation to keep the area safe.

A Baytown premises liability lawyer could evaluate your situation and pursue damages as necessary. The law limits your time to act, so schedule a consultation today.