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Beaumont Premises Liability Lawyer

Defective property accidents occur in the blink of an eye and could quickly change a person’s life. When you wish to take legal action, you need to consult a reliable personal injury attorney about what to do next.

“Premises liability” is a term used to describe the legal duty that property owners owe visitors by law to keep their premises safe. If you have been injured on another person’s property because of a dangerous condition, you may have good reason to call a Beaumont premises liability lawyer from our team.

Types of Premises Liability Cases

The circumstances that give rise to premises liability claims come in several forms and include slip and falls, defective sidewalks or roads, inadequate maintenance, and unsafe conditions. Slips and falls happen when someone trips or falls due to an unsafe condition — such as a wet floor, uneven surface, loose rug, or ice and snow. Property owners have a duty to remove any hazards from their premises or give individuals appropriate notice if the hazards exist.

Another frequent category is inadequate maintenance. Owners must take care of their property so that individuals who enter upon it do not get into an accident. They have a duty to timely repair broken stairs, leaking roofs, or issues with electrical wire, and if not addressed promptly, these issues can lead to catastrophic injury.

Inadequate security is also a concern and results in criminal attacks, including but not limited to assaults and robberies. Proper security is important, especially in places such as an apartment complexes, hotels, shopping centers where tenants and customers have some level of expectation regarding safety.

The property owner can be held liable if a person is bitten by a dog on their property, especially if the dog’s bite history shows evidence of previous aggression.

Elements in a Premises Liability Case

There are several components an injured party and their lawyer must establish to prevail on a premises liability claim in Beaumont. First, a party needs to prove that the property owner owed them a duty of care. The duty of care depends on the visitor status, whether they were an invitee, licensee, or trespasser.

The highest duty of care is owed to an invitee, somewhat less to a licensee, but the least to a trespasser. Secondly, the injured party must prove that the property owner was negligent — meaning they failed in their duty to create a safe environment or provide adequate warning of potential dangers.

The next element of a negligence action requires the injured party to prove causation in that the breach of duty caused the defendant’s injury. In other words, if the property owner had done what he or she was supposed to do, the injury would not have happened. Finally, the injured party must claim that an injury actually occurred and prove actual damage suffered; this can include things like medical expenses, lost wages, and pain and suffering.

Comparative Negligence of the Injured Party

Texas has a modified comparative negligence jurisdiction. This means that if the injured person bears some fault and is responsible for their own injury to some extent, then damages can be reduced by that percentage of responsibility. If it is decided that the injured party is more than 50% at fault, then they cannot recover any damages. This rule exists to ensure the injured party proves negligence on the part of the property owner.

Statute Limitations for Defective Property Claims

A statute of limitations is a designated time limit when an injured party may bring a lawsuit. The purpose of the statute is to promote fairness and speed in the legal system by precluding parties from delaying legal action indefinitely. The statute of limitations to file a premises liability claim in Texas is two years from the date of injury. This is why it is so important to speak with an experienced Beaumont premises liability attorney as soon as possible to make sure the plaintiff does not miss out on their right to sue.

Get Help From a Beaumont Premises Liability Attorney Now

Premises liability law encompasses incidents where a person is injured because of dangerous conditions present on someone else’s property. Our Beaumont premises liability lawyers could increase your odds of success in recovering damages. Schechter, Shaffer & Harris will help you understand your rights and the legal process of enforcing them – call now for a free consult.

SMS Legal

SMS Legal N/a
1110 Calder Ave #132,

Beaumont, TX 77701
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