Anyone can become a victim of an injury at some point. These injuries can occur at your own home, at work, or on someone else’s property.
Can you sue the owner of the property where you were injured?
Every homeowner has a duty of care to its guests to protect them from harm but an injury can still occur. When an injury occurs, the injured can sue the homeowner if they wish.
In Texas, the law expects a duty of care to its guests, any injury that results from negligence is a breach of this duty.
The law has three different classes of visitors and different laws that explain the place of the owner’s property and how liable the owner is. These classes are identified as a trespasser, the licensee, and the invitees.
The trespasser got into your property without your knowledge. If your property is undergoing maintenance or construction, the law abides you to have caution signs to alert others. If a trespasser gets injured on your property, they cannot sue because you were not responsible for their safety.
When an invitee gets on your property and you alert them of a threatening situation in your home, the invitee cannot sue later of injuries sustained at your property.
If the licensee has been notified by the owner of the unsafe condition of the property, the house owner cannot be sued.
The law expects business owners to have a duty of care to any clients and customers that enter their property.
Business owners are obligated to double-check the workability of all appliances, non-slippery floors, and any precautionary measures.
Just like a residential property, a commercial property needs to also put out cautionary signs when undergoing maintenance or construction. When an injury does occur, the business owner is held liable for injuries.
Children That Trespass Or Reside in The Property
For any children that stay or trespass into a property and get injured the owner of the property is held liable for the child’s injuries.
The Attractive Nuisance Law requires that owners of the property pay for compensation of any injuries sustained to a child. This is because children are unable to understand the danger that is lurking in the property even when a cautionary sign is put in place.
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Premises liability lawsuits can be difficult to navigate, but they don’t have to be. The Lawyers at Adley Law Firm are skilled and passionate about working on personal injury lawsuits and will fight for you so that you receive the compensation you deserve.