When you enter someone else’s property, you expect to be free from harm. It can be shocking and confusing when you’re hurt on the premises by a hazard you weren’t expecting. Taking action against a negligent property owner can help you recover financially for what you’ve suffered. That’s where a Plano, TX premises liability lawyer comes in.
Having an attorney on your side will ensure that the entire situation is investigated and the damages that you’re owed are properly calculated. Then, you won’t settle for less than you deserve. At Buckingham Barrera Vega Law Firm, we are dedicated to getting justice for our clients. We’ll work hard to prove the other party was negligent and defend your rights.
Elements of a Premises Liability Claim
After suffering from an injury and subsequent damages on someone else’s property, your lawyer will work to prove that the property owner was negligent. If you want to take legal action, your claim will depend on them proving the elements of negligence were present. Otherwise, you won’t have a case.
In order to prove that your injuries were the direct result of the property owner’s negligence, you’ll need to prove these four elements:
- There was a condition or hazard on the property that could have caused visitors on the property harm.
- The property owner or another representative on the property should have known about the condition or hazard and the harm that they could have caused.
- The property owner or representative didn’t take reasonable measures to remove the hazard and protect potential or current visitors on the property.
- The hazard or condition caused a legal visitor injuries and other damages.
Looking at these elements, you can see how some of them might be hard to prove on your own. That’s why you should have a lawyer on your side through this process. They’ll tell you what evidence you need to provide so that your case is as strong as possible.
A Plano, TX premises liability attorney is here to guide you every step of the way with your claim. We’ll investigate what happened and collect all the proof we need to show that your injuries were directly caused by a property owner’s negligence.
Hazards You Might Have Encountered on Someone Else’s Property
You might think of premises liability accidents solely as slip and falls, but that’s not the only types of accidents that can occur on someone else’s property. There are plenty of hazards on a premises that could lead to injuries for legal visitors. Here are some of the most common conditions or hazards that property owners need to fix or make visitors known about so that they don’t get hurt while on their property:
- Damaged carpet
- Uneven sidewalks and pavement
- Broken stairs and handrails
- Poor lighting
- Holes
- Wet floors
- No hazard or warning signs
- Snow and ice
- Falling trees or hanging branches
- Other falling objects
- Pools
- Dog bites
- Negligent security
When a part of the property isn’t safe, but it looked reasonably safe at first, you can suffer injuries from tripping, slipping, falling, or being struck with an object. These types of injuries might seem minor, but they can actually be serious if you fall the wrong way or are struck or pierced by an object. Broken bones and traumatic brain injuries are common results from a premises liability accident and require immediate medical attention.
Drownings, dog bites, and negligent security situations all carry their own set of common injuries. Pool accidents can lead to drownings or head injuries if a slip and fall is also involved. Dog bites result in puncture wounds and can even cause infections if bacteria gets into the body. Finally, negligent security scenarios could lead to assaults, cuts, and even gunshot wounds, depending on the criminal activity that takes place.
The physical injuries you could sustain from any of these hazards can be life-changing, but they’re not the only types of injuries to be wary of. Your emotional injuries can also be debilitating and change the course of your life. Whether it’s emotional turmoil, PTSD, depression, or any other emotional trauma that you sustained and carry with you, it could greatly affect your day to day living just as much as a physical injury might.
You shouldn’t have to deal with your injuries and damages from this accident on your own. These hazards were the responsibility of the owner to make safe, so your accident never should’ve happened. Our Plano, TX premises liability lawyer is here to help you recover what you deserve for what you’ve suffered.
Classifications That Decide the Duty You Were Owed
In Texas, much of your premises liability claim will rely on proving that the property owner was negligent, but that will also rely on proving that you were owed a duty of care while on the property as well. This depends on your visitor status while on the property, according to Texas law. There are three classifications of visitors who are all owed a different level of care by a property owner. They are:
- Invitee. Invitees are guests who have been invited onto the property by the owner for the benefit of both parties. They are owed the most care.
- Licensee. These visitors have not been explicitly invited onto the property, but there is an understanding that they are allowed to be there. They are still owed a level of care, but not as encompassing as what an invitee is owed.
- Trespasser. Trespassers have no invitation to the property and are usually there illegally. They are not owed a duty of care, however there are some scenarios where a property owner could be liable for their injuries on their property.
You might be confused about your status when you were on the property, and not know what duty you were owed. That’s why having our Plano, TX premises liability attorney on your side is crucial to your case. They’ll answer all your questions and keep you informed every step of the way.
Buckingham Barrera Vega Law Firm Will Fight for You
Premises liability accidents and the laws surrounding them can be confusing. You might not know where to begin with your case, but thankfully, it’s not all on you. Our Plano, TX premises liability lawyer is here to help you through the process and explain every aspect to you. With Buckingham Barrera Vega Law Firm on your side, you can feel confident in your claim. Contact our office today so we can get started working for you.
