Owning property is a big responsibility. Not only does the owner have to pay for the property or a building, but they also must pay to maintain the premises and ensure it’s safe for guests when they’re on the property. When a property owner fails to keep the premises safe for visitors, they can be liable for the injuries and other damages that a guest incurs from the hazards present. In that case, the victim would need the help of a Laredo, TX premises liability lawyer.
At Buckingham Barrera Vega Law Firm, we have experience representing the victims of premises liability accidents. We understand how vulnerable a victim can feel after getting hurt from someone else’s negligence. We’ll work to prove that the property owner or another party was responsible for what happened to you on their land so that you can get justice for what you’ve suffered.
Texas Premises Liability Law
In premises liability law, just like any other personal injury claim, the basis of a claim relies on proving that the elements of negligence were present. In premises liability, your attorney will gather all the evidence from your accident to prove that the other party, or property owner, was negligent in some way. According to Texas Code, the evidence must prove:
- The property owner or manager owed the visitor a duty of care.
- The property owner breached that duty of care.
- That breach resulted in injuries for the visitor.
- Those injuries resulted in damages.
If your lawyer can prove these elements, then you have a strong case in Texas. However, proving all these elements is dependent on your status as a visitor because different types of visitors are afforded different rights while on someone else’s property. There are three classifications of visitors that your attorney will have to consider in your claim to determine which you fall under and what rights you had while on the property.
Those classifications are:
- Invitee. This type of visitor is owed the highest care compared to all the other classifications. An invitee has explicit invitation onto the property. This means that the property owner owes them a safe premises free of seen and unseen hazards, and the owner must seek out hazards to ensure that the property is reasonably safe for their invitee.
- Licensee. While a licensee is not afforded the same level of care as an invitee, they still have consent to be on the property, so they need to be warned by the property owner about any hazards on the property that they cannot immediately see. Otherwise, a property owner must ensure that the property is reasonably safe and free from known hazards.
- Trespasser. This type of visitor is afforded the least amount of care by the property owner. A trespasser has entered the property illegally, and therefore is mostly not owed a duty of care. However, they could be the victims if they suffer from the property owner’s gross negligence while on the premises.
This could all seem very complicated, which is why having a lawyer on your side is essential when filing a claim against a negligent property owner. Our Laredo, TX premises liability attorney is here to gather all your evidence to determine what level of care you were owed and what you can recover for your injuries and other damages.
Types of Premises Liability Accidents
Once your lawyer determines which type of visitor you were and consults with other Texas premises liability law, they will need to determine which type of accident you were injured in so that they can figure out the cause and who was responsible. There are many different types of premises liability accidents that can happen in Laredo and the rest of Texas.
Here are some of the types of accidents that a premises liability lawyer from our firm sees most often:
- Poor Maintenance. Taking action for the proper upkeep of a property is essential when preventing hazards on a premises. When there is poor maintenance at a business, home, or another property, it can lead to many dangerous situations for visitors. Lifted carpets, dilapidated stairs, or falling beams are all examples of hazards that are the result of poor maintenance and can cause serious accidents and injuries for visitors.
- Low Lighting. Visitors on a property rely on proper lighting so that they can see where they’re going and look out for any potential hazards when they’re on the premises. If the lighting is too low, they could trip and fall in places that they otherwise would have seen to avoid.
- Pool Accidents. If there is a swimming pool on a property, the owner is responsible for their visitors’ safety while around and in the pool. If a drowning accident happens that the property owner could have prevented, then they’re likely accountable.
- Dog Bites. Property owners are also responsible for the actions of their dogs on and off their property. If a dog bites a visitor, then the owner will be accountable for the punctures, scratches, or force injuries from a bite or a push.
- Negligent Security. Businesses and other premises need to protect themselves from criminal activity and be prepared for if that ever happens. Having security guards and other systems to monitor their property are two ways that an owner can prevent these criminal acts from happening. If they’re not prevented, visitors could be injured by criminals in acts like robberies and assaults.
Some of these accidents are more complex than others, and the responsibility of the property owner could seem in question. It’s important to have an attorney to represent you so that you can fully understand your situation and what your legal rights are. Our Laredo, TX premises liability lawyer will help you determine what kind of accident you were in and who can be held accountable.
You Don’t Have to Go Through This Alone—Our Lawyers Can Help
Suffering from injuries and other damages after a premises liability accident can make you feel isolated and unsure who to turn to. Instead of reaching out for help, you might turn inwards and try to handle it all on your own. This could do more harm than good for you because it could leave you feeling overwhelmed and unable to get justice because you don’t have the legal resources that a professional would.
That’s why you should contact a Laredo, TX premises liability attorney from Buckingham Barrera Vega Law Firm. We have experience representing victims of these kinds of accidents and know what to look for to support you through your entire claim and get you the compensation you deserve. Reach out to our office today so we can get started on your claim right away.