Missouri City Premises Liability Lawyer

Property owners, occupiers, and managers must keep their property reasonably safe for lawful visitors. If they fail to meet that duty, they can be responsible for the damages you sustain as a result.

While the law seems straightforward, applying it to your advantage can become complex. A trusted personal injury attorney could work with you to properly show how a breach of duty led to your injuries. A Missouri City premises liability lawyer takes you through the steps necessary to establish a claim.

Being Lawfully on the Property

Three types of people may be on someone’s property — invitees, licensees, and trespassers. Trespassers are on the property illegally and owners do not owe a duty of care to protect them from harm.  An invitee is someone like a social guest or a business customer — the property owner invites them onto the premises for each other’s benefit. A licensee is legally on the property but is not a guest, and can include delivery people, meter readers, and others who must enter the property to do their jobs. Property owners owe the highest duty of care to guests and the next highest to licensees.

A premises liability attorney in Missouri City could examine the facts of the case to determine the status of a visitor at the time of an injury. Proving that status can make a difference in deciding what share of the negligence each party has in a premises liability case.

Elements of Negligence

A property owner has a general duty to provide a safe environment for those legally on their property. They may even have a narrow duty towards trespassers, depending on the circumstances. For example, a swimming pool owner may have a higher duty of care to trespassing children than a homeowner would have to a burglar.

In any situation, establishing negligence requires proving several things. First, a plaintiff must show that the defendant knew or should have known about the danger. Next, they must show that the property owner did not take steps to reduce the risk of harm — a warning about a hazard may be sufficient to reduce the risk to licensees. Finally, they must prove that an injury occurred due to that negligence and that there are damages to be compensated.

Proving negligence is very fact-specific. A plaintiff must show their status as a visitor to the property, which determines the duty of care. Then, they need to establish the breach. A premises liability lawyer in Missouri City helps investigate factual scenarios to ensure they have the proof they need to develop a case.

Types of Premises Liability

Any hazard on a property can lead to an injury. However, certain dangers tend to produce the most claims: slips and falls, swimming pool accidents, dog bites, building code violations, and premise defects.

Not every fall is due to property owner negligence. Sometimes, other factors cause or contribute to the fall. However, if slippery or uneven ground, unexpected steps, loose carpeting, or damaged stairs contributed to a fall, it could be considered negligence. Even if the plaintiff contributed to the fall, they might still have a claim because this is a modified comparative negligence state.

Dog bites are another frequent cause of injuries on property. Generally, to recover for a dog bite, a person must demonstrate that the owner’s negligence contributed to the bite. However, if the owner knew or should have known that the dog was dangerous, it shifts to strict liability. That means the owner is responsible for almost all bites — even if they took every reasonable precaution to prevent them.

Pools are one of the most common sources of injuries to trespassers. They are an artificial feature attractive to children, who are unlikely to recognize the associated risk. Property owners should take precautions to keep children safe, which may require fences, gates, and pool coverings. A lawyer in Missouri City could provide information about the reasonable standard of care for property owners.

Learn More by Contacting a Missouri City Premises Liability Attorney

An injury on someone else’s property can be legally challenging but person responsible for your injuries should pay your medical bills, lost wages, and more. You must demonstrate that you had a right to be on the property and that their negligence caused your injury. Schedule a consultation with a Missouri City premises liability lawyer to review your situation and advise on whether you have a case.