It may seem simple to collect compensation following an injury on another’s property. Owners are responsible for keeping their land safe for visitors and are liable for any accident resulting in an injury. While this is generally true, premises liability claims in Montgomery County are far more complex.
A Montgomery County premises liability lawyer could help protect your legal rights following an accident. A personal injury attorney could work to explain the laws that apply to your case, gather evidence of landowner negligence, and measure your losses to demand proper compensation.
Generally, landowners must keep their property safe for visitors. However, the extent of this legal duty changes based on a person’s permission to enter the land and their motivations for doing so. State law creates three classes of visitors:
People who enter or remain on land without permission. Under state law, property owners must not cause reckless or wanton harm to trespassers.
People who enter land for their benefit. Here, the landowner must warn the guests of any known dangers.
People who enter land for the property owner’s benefit, usually to spend money. Here, the landowner must protect guests against all foreseeable harm.
A vital component of all premises liability cases is whether the property owner’s actions were sufficient to prevent foreseeable harm. A premises liability attorney in Montgomery County could provide clarification about a person’s rights as a visitor and what they must prove to demonstrate landowner liability for an injury,
A clear example of a premises liability case is a slip and fall. However, incidents on another party’s property that result in an injury reach far beyond this limited example.
Structural damages or defects may also be responsible for a victim’s losses. For instance, if a landowner fails to repair a stair leading into their shop and a visitor falls and breaks their leg, this landowner is possibly liable. Other examples of situations that result in injuries because of a failure to keep a safe visiting area include:
As a whole, landowners must take all appropriate steps to protect their guests. A premises liability lawyer in Montgomery County could help evaluate the facts that led to a victim’s injuries to determine if a landowner’s failure to provide a safe space contributed to those losses.
While it may be true that a landowner was responsible for allowing a dangerous situation to occur, they may allege that a victim’s actions contributed to their injuries. Texas Civil Practice & Remedies Code § 33.003 says that courts will use the concept called modified comparative negligence to assign fault after accidents. As applied to premises liability cases, a landowner may allege that a victim ignored a warning sign, was wearing improper footwear, or knowingly participated in dangerous activity. A knowledgeable legal representative could help fight back against these allegations.
Every person visiting the property of another party should expect to be safe. This includes the owner checking the land for temporary hazards, actively working to maintain the land, and even providing proper security to prevent crime.
Incidents that involve a failure to meet this duty can lead to premises liability claims. Victims in these cases could demand payment of their medical bills, reimbursement for any lost wages, and compensation for any pain or suffering. Do not allow a negligent landowner’s failure to keep you safe to impact your future any more than it already has. Contact a Montgomery County premises liability lawyer now to discuss your case.