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Premises Liability

The set of rules that requires Texas property owners to take measures to ensure their property is safe falls under premises liability law. Each state has its own premises liability laws. Because these laws can be complex, having an experienced premise liability attorney on your side can be beneficial. Noteboom—The Law Firm attorneys will work hard to ensure you receive a fair settlement for your injuries. A solid premises liability claim must establish the following:

 

  • The owner had a legal duty to the injured person,
  • The owner clearly breached that legal duty, and
  • There were resulting damages from that breach. 

 

The Differences Between Invitee, Licensee, and Trespasser

The duty owed by the property owner will depend on the classification of the plaintiff at the time the injury occurred. These classifications include the following: Invitee, Licensee, and Trespasser. A trespasser is a person who is on the property without permission or lawful authority. The only duty a property owner owes a trespasser is to cause no willful, wanton, or grossly negligent injuries. 

An invitee is a person who enters a property with the full knowledge and permission of the owner. An invitee enters the property for the mutual benefit of both parties, i.e., a business patron, a meter reader, etc. In the case of invitees, the property owner owes the utmost duty of care. Any unsafe condition known to the owner—or unsafe condition that could have reasonably been discovered—must be made safe. 

A licensee is a person who has consent from the owner to enter the property. A licensee is on the property for his or her own benefit. This could include a salesperson or a social guest. Owners have a duty to warn licensees of any unsafe conditions on the property. These conditions might include a loose step, a high stepdown, a hole in the grounds, etc. Alternatively, the owner can correct the unsafe condition. If you are uncertain which category you fall under, a knowledgeable property injury lawyer from Noteboom—The Law Firm can assist you.  

What is the Law of Attractive Nuisance in Texas?

In the state of Texas, premises liability laws include what is known as “attractive nuisance.” These laws are imposed to protect children who may not recognize certain risks. An attractive nuisance could include a swimming pool, a trampoline, an unsecured construction site, or even an abandoned building, automobile, or appliance. Anything that might reasonably induce a child to explore is considered an attractive nuisance. To prove an attractive nuisance claim, the following must be true:

 

  • The property owner could have reasonably known children could access or trespass onto the property; 
  • Children would be unable to understand the particular risk involved;
  • The property owner failed to manage unsafe elements on the property;
  • The property owner knew—or should have known—dangerous conditions existed, and
  • The cost of addressing dangerous conditions was minimal when compared to the risk to children.

 

If your child suffered injuries as the result of an attractive nuisance, the premises accident lawyers at Noteboom—The Law Firm can help ensure justice.  

“Open and Obvious” Dangerous Conditions

While children may not be expected to recognize certain dangers, adults have some responsibility in premises liability claims. In the state of Texas, there is a defense in premises liability claims known as the “open and obvious” defense. This rule states that if a reasonable person could have clearly seen the hazard, the owner could be less liable or not liable entirely. That is, if the hazard was open and obvious to a reasonable person, that person bears some responsibility. In such a situation, the property owner may not be liable for a failure to warn or a failure to fix the condition. 

Where Do Premise Liability Injuries Usually Occur?

Premises liability can encompass a wide variety of accidents and can apply to physical injuries as well as property damage. The most common types of premises liability claims include:

 

  • Swimming pool accidents
  • Slip and fall accidents
  • Injuries from dog bites or other animal attacks
  • Accidents with injuries at an amusement park
  • Injuries at a gym or fitness center
  • Accidents resulting from a fall on stairs or escalators
  • Injuries resulting from negligent security

 

The property injury attorneys at Noteboom—The Law Firm understand the difficulties you face following a premises liability accident. We are dedicated to ensuring you receive a fair settlement for your injuries. 

A Premise Liability Attorney Can Help You Determine Whether the Landowner is Liable for Your Injuries

Even though you may be absolutely certain your accident and resulting injuries were caused by the property owner, your claim must be proven. Our attorneys are highly experienced in proving premises liability claims, helping Texans injured on another’s property to receive justice.  The defense may claim that:

 

  • You were aware of the dangerous condition, 
  • That the condition was “open and obvious,” or 
  • That your own misuse of the property caused your injury. 

 

At Noteboom—The Law Firm, we are committed to proving the truth—that you were injured as a result of owner negligence.  

Why Is It Important That You Seek Immediate Medical Attention for Your Injuries?

If you are injured on another’s property, seek immediate medical attention—even if you do not think your injuries are serious. If it turns out later that the injuries are serious, you do not want the defense claiming your injuries were caused by an intervening event or your injuries got worse because you did not try to get better. Call for help and wait for emergency services to arrive. If you are physically able, take photographs of the dangerous condition that caused your accident. If there were witnesses, write down their contact information. Document absolutely everything related to the accident. The smallest detail could turn out to be crucial. Finally, contact a highly skilled premise liability attorney from Noteboom—The Law Firm. 

What are the Primary Benefits of Having an Experienced Fort Worth Premises Accident Lawyer?

While you have the right to handle your premises liability claim on your own, it is virtually always a bad idea. When you hire an experienced Fort Worth premises accidents lawyer from Noteboom—The Law Firm you are ensuring the best possible outcome in your cases. Our skilled attorneys have decades of experience investigating cases, negotiating with insurance companies and gathering crucial evidence. In fact, at Noteboom—The Law Firm, we have a full-time, licensed, private investigator. 

Further, we have no interest in settling your case quickly when that settlement does not benefit you. We will fight for your rights and your future by thoroughly preparing your case for trial. This ensures the very best, most equitable settlement. If you are in the following areas, contact Noteboom—The Law Firm: Fort Worth, Dallas, Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, and Grand Prairie.

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