Midland Premises Liability Lawyer

Property owners or occupiers are responsible for maintaining safe conditions on their premises. Failing to do so is a form of negligence because they have a duty of care for those who are on their premises and warn of any dangers. The applicable duty of care criteria depends on the property and the injured party, which a trusted personal injury attorney could help evaluate. Since every case differs, consulting a Midland premises liability lawyer can help you understand the laws and your legal options if you were injured because of negligence.

What are the Elements of Premises Liability?

It may seem easy to show that a property owner was being careless, but that is not always true. While the details may vary among premises liability cases, the injured party must prove the following:

• The property’s condition created an unreasonable risk.
• The property owner or occupier knew (or should have known) the danger presented by the condition.
• The failure of the property owner or occupier to meet the duty of care caused the injury and damages.
• The property owner or occupier did not warn the injured party of the danger or make the premises safe.

Evidence such as photos, medical reports, and witness statements can help support a negligence claim. An attorney takes the lead in gathering all this evidence while the plaintiff focuses on rest.

What is a Duty of Care?

“Duty of care” refers to the legal obligation of property owners or occupiers to ensure their property is safe. Reasonable steps to prevent harm should include regular inspections for potential hazards, and timely warnings if the repairs cannot be completed immediately. Common areas such as halls or parking lots should be free of obstructions.

What constitutes a duty of care depends on why the injured party was on the property. If an injured party was invited to the property, the duty of care is higher than if the plaintiff was trespassing. Discussing the circumstances of a case with a Midland, TX attorney can help determine if the defective property accident was preventable and if the duty of care was met.

The standard of care depends on whether the injured party was invited or given permission to occupy the property. If the injured party was not authorized to be on the property, the owners have minimal duty of care responsibilities.

Invited Parties

Invited parties refer to people who are on business or commercial property for their own benefit, as well as the owner’s. Companies invite people to their establishments to conduct business. Restaurants invite people to dine and stores attract shoppers to buy products. These implied invitations mean property owners or occupiers have a duty to inspect the premises for foreseeable risks and proactively address them.

Improperly secured rugs in a hotel lobby create a tripping hazard. Boxes stacked too high and left in the aisles can fall, injuring shoppers. Broken steps around an apartment can be an accident waiting to happen. A Midland lawyer can help determine if a duty of care has been breached.

Licensed Parties

Licensed parties are individuals who have permission to be on the property for non-commercial reasons. They may be neighbors, friends, or delivery drivers. In these situations, property owners should fix unsafe conditions if they know the hazard exists. If repair is not possible, the property occupier must post a warning to alert visitors to a potential danger.

A common breach is failing to enclose a swimming pool or provide a covering. Fencing may need repair or may not be up to code. These are known hazards that property owners fail to address, making them liable for injuries, especially for children.

Trespassers

Property owners have no duty of care to inspect or repair property to prevent injury to unauthorized individuals or trespassers. However, they cannot actively harm a trespasser because of gross negligence or willful conduct.

Contact a Midland Premises Liability Attorney to Discuss Your Claim

Premises liability claims must be filed within two years of the accident date. However, evidence such as photographs or witness statements may no longer be available. That’s why you should contact a Midland premises liability lawyer from Schechter, Shaffer & Harris to ensure your rights are protected. We can discuss your potential damages and what you might be able to recover, so set up a free case evaluation now.