If you are injured on private property, you may believe that only includes residences owned by people, not any land and buildings owned by the government. This is partially correct, but private property is not just residential, it is also commercial. This makes a difference because a homeowner has a different duty than a commercial property owner when it comes to making the premises safe for visitors.
Owners who fail to safeguard their premises can open themselves up to negligence claims if a visitor is injured. You might be invited to dinner with neighbors and trip over something they failed to warn you about, or you might slip and fall on an icy sidewalk that should have been cleaned up hours ago. A Houston private property injury lawyer can advise you on what to do next.
Private property owners cannot intentionally harm adult trespassers but owe them no other level of care. Child trespassers are protected under the Attractive Nuisance Doctrine, under which owners must use reasonable measures to thwart a child from entering their property because they are drawn to something enticing, like a swimming pool or jungle gym. Fencing and signage could be appropriate under private property liability law and Houston city codes.
Visitors invited onto property are either licensees, which are those on the premises for social reasons, or invitees, which are those on commercial property to enrich the owner by conducting business.
Invitees rate the most care from property owners, who must warn them of known dangers, correct them, and routinely inspect the premises for unknown dangers, correcting them as they are discovered.
Licensees are only owed the duty to be notified if there are dangerous conditions on the property. This can be as simple as telling a visitor to be careful ascending the front steps in the rain because they are slippery.
Child trespassers, invitees, and licensees are entitled to compensation if a private property owner is negligent. This means they fall below what a reasonable person would do to protect visitors, causing an accident and an injury. Common situations include:
Visitors injured because of another’s negligence are entitled to compensation for current and future medical care, pain and suffering, lost wages, and other emotional losses. Houston private property liability attorneys guide plaintiffs through the personal injury claims process and get them the compensation they need and deserve.
Private property owners can be the neighbor who owns the home next to you or the multi-story, multi-use skyscraper in downtown Houston. They are owners other than the government, and they owe visitors a duty to keep their premises safe or they can be liable for any breach of that duty.
If you visit private property, the owner must make sure you are aware of any dangers. The laws can be confusing, and your status can determine whether you are entitled to compensation for an injury. Contact a Houston private property injury lawyer now to discuss your situation.
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