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Katy Premises Liability Lawyer

If an accident occurred while you were on someone else’s property and their negligence had a role in the incident, you might be able to hold them responsible for your damages. It would be wise to consult a local personal injury attorney soon after your accident to learn about your legal alternatives.

A Katy premises liability lawyer could explain whether the landowner might be liable in your specific circumstances. If so, you could pursue compensation for your out-of-pocket expenses, future injury-related losses, and your pain and suffering.

Owners Must Keep Premises Safe for Visitors

Most people spend a portion of their days on other people’s property for business purposes. Going to work in an office building, exercising at the gym, visiting the library, grocery shopping, and retrieving the car from a parking garage all require a person to enter another person’s property. When an owner invites people in to do business or enjoy public space, they have a duty to keep it free of hazards.

Property owners who open their premises to others for business or recreational purposes must conduct regular inspections looking for threats to safety. They cannot limit their efforts to obvious dangers but must take steps to identify and rectify hidden hazards. The frequency of the inspections depends on the circumstances, but if an owner has reason to believe a dangerous condition exists, they must repair it immediately or warn visitors until repairs can take place.

A homeowner also has a duty to guests but it is more limited. Owners must warn social guests and people who come onto their property with permission of dangers that are not readily evident. However, the owners need not conduct regular inspections to identify hidden hazards for the benefit of their guests. A premises liability attorney in Katy could identify the obligations of property owners.

Special Rules Protecting Children from Dangerous Property

If a property owner has a manmade feature on their property that could endanger children too young to appreciate the risk the feature poses, the property owner has a duty to prevent children from accessing the property. It does not matter that the children are trespassers if the landowner knows there are young children in the area who might enter without permission.

In general, landowners have no duty to keep premises safe for trespassers. The exception that applies to trespassing children is called the attractive nuisance doctrine. Features that could qualify as an attractive nuisance include:

  • Swimming pools
  • Playsets
  • Treehouses
  • Roofs that can be accessed from the ground
  • Sheds and playhouses
  • Construction vehicles or farm equipment
  • Any other manmade item or feature that might attract children

Owners who are aware of dangerous features on their property must either remove them or restrict access to protect children who might enter.

A Katy parent whose child suffered injuries while trespassing on another person’s property should consult an attorney to determine whether the attractive nuisance doctrine might apply in a particular case. Liability depends on several factors, chiefly the dangerousness of the condition, the cost of removing the hazard compared to the risk it poses, and the age of the child.

Injured Person’s Conduct is an Issue in Premises Liability Cases

Someone suing for injuries sustained on another person’s property must recognize that the owner’s insurer will try to establish that the injured person is responsible for the accident. Texas Civil Practice and Remedies Code § 33.001 says that a claimant primarily responsible for an accident cannot collect damages. A claimant can collect reduced damages if they are partially, but not primarily, at fault.

For example, if a hotel guest trips on a loose carpet while texting and walking, a jury must decide whether the hotel was primarily responsible for the accident. They would consider whether the accident would have happened if the guest had been paying closer attention to where they were walking. If they decide the hotel’s responsibility to keep walkways free of tripping hazards exceeded the injured person’s responsibility to watch where they stepped, the injured person could collect partial damages. When meeting with a Katy attorney about bringing a premises liability action, it is crucial for an injured person to truthfully disclose the circumstances surrounding an accident in order to have the best chance for success.

Trust Your Claim to a Katy Premises Liability Attorney

Being injured in an incident on another party’s property could lead to confusion. You might not know where to turn to seek compensation, or whether you have a right to pursue damages.

A Katy premises liability lawyer could answer your questions and develop a legal strategy to secure compensation for your losses. Call today to schedule a consultation with a caring professional.

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Address
23227 Red River Dr
#2a
Katy, TX 77494
Map & Directions
Phone
(346) 500-6160