premises liability is an area of Texas law that determines responsibility for injuries suffered by a person on the property of another person. It is a kind of negligence action that has a basis on the theory of premises defect, in which the elements are different from that of a traditional negligence when establishing a claim. It must start out of a condition of the property, since owners and managers have the legal duty to ensure the safety of visitors and clients who are in their properties. They have to make sure that their premises were safely designed. In addition, adequate levels of security must be maintained and temporary hazards should be taken off as quickly as possible.

The status of the person who suffered an injury determines the nature of the obligation in premises liability.

  • Licensee

If you have been permitted to be on a property by a possessor but without his implied or expressed invitation, you are considered as licensee. You are on the premises not by reason of a contract or business but because you have been allowed to enter by the possessor.

  • Invitee

You are an invitee if you are on a property with the implied or expressed invitation of its possessor, and you have entered the property for the purpose which the premises is open as part of the public or for a business that is connected with that of the possessor that may result for both of their economic benefits.

  • Trespasser

You are trespassing if you are in the property of another person without any lawful power, right, permission, implied or expressed invitation, license or are not performing any duty to the owner or manager of any of his business but just for your own pleasure, curiosity, pleasure or purpose and without the inducement, enforcement allurement or implied or express safety assurance from the manager or owner of the premises.

There are various circumstances in which a person can suffer injury or wrongful death in private or commercial properties that are covered by premises liability. Some of those that are usually covered by insurance are:

  • Injuries from slip and fall accident. These include injuries to the spine or back if a customer, slips on wet flooring that do not have sufficient warning to people that it is slippery, in places like salons, stores clubs and restaurants
  • Bites from a dog that has not been sufficiently restrained in the property of another person
  • Bodily injuries from an elevator accident or a door that has its locks broken
  • Sexual assault because the owner of the property did not provide sufficient security

If you are going to make a claim under premises liability in Balch Springs, whether as a licensee, invitee or trespasser, you should have an experienced lawyer by your side that will defend your rights and recover compensations for your damages.

premises liability cases are those that involve slip and fall injuries, dog bites, swimming pool drownings and any other injuries or fatalities occurring on the land or property owned by an individual or a business. Property owners have the responsibility to take reasonable action to prevent injuries from taking place on their premises. If an owner fails to do so, a premises liabilityclaim can be filed in order to collect compensation for injuries suffered on the property.

premises liability law in Texas categorizes plaintiffs under one of three distinctions: invitee, licensee or trespasser. Invitees are people who are invited to the premises for commercial benefit of the owner or for direct business dealings, such as shoppers at a department store. Licensees are people who enter the premises for non-business dealings, such as houseguests. Trespassers are uninvited guests to the property.

In the case of invitees and licensees, you must prove three main counts in a premises liability case in order to recover damages:

  1. The property owner knew (or should have known) about the dangerous condition that caused the injury;
  2. The property owner failed to take reasonable care to correct the situation;
  3. The invitee or licensee did not know of the conditions and/or risk involved.

In cases involving trespassers, negligence is harder to prove, but it can be done. For example, if a property owner is aware that trespassers are coming onto the property and is also aware of certain unsafe conditions and makes no reasonable effort to correct the dangers, he or she may be held liable for injuries received on the property.

The Balch Springs premises liability lawyers at The Goolsby Law Firm, can defend you if you’ve been injured on someone else’s property as an invitee, licensee or even as a trespasser. Call our office directly to set up a free, no-obligation consultation with a Balch Springs premises liability lawyer. We work on a contingent fee basis, which means we don’t get paid unless you recover damages for your loss.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141