Getting injured on someone else’s property could be the basis you need to file a premises liability claim. A Houston premises liability lawyer could help you assess your case and estimate to what compensation you may be entitled.
While you are recovering, allow a compassionate personal injury attorney fight for your rights and hold the responsible party accountable.
People under the protection of state law who suffer injuries on someone else’s land could pursue a civil case for compensation. The plaintiff may collaborate with a property liability attorney in Houston to determine the extent of their losses, potential compensation, and the best way to format their claim.
All people interested in pursuing compensation for their losses must submit a claim to the courts within two years of the day their accident took place. Failure to do so puts the claimant outside of the state’s statute of limitations according to Texas Civil Practice & Remedies Code §16.003 and makes them ineligible for compensation.
Premises liability accidents are considered incidents of negligence. Parties interested in presenting these cases must indicate, with the help of a Houston premises liability attorney, that any losses they faced on someone’s land were due to the neglect of the owner. Neglect could take many forms, including:
People on another person’s land can be labeled as invitees, licensees, or trespassers. Owners only have to show a duty of care to invitees and licensees on their property.
An invitee is someone whom the owner specifically invited onto their land. This invitation could be social or commercial. Because this category of people is explicitly invited onto the land, the owner owes them the highest duty of care out of all of the categories.
Licensees enter onto another person’s property with the implicit permission of the owner. These parties most often include contractors, construction teams, or professionals who intend to perform some manner of work on the premises. Owners hold to a lower duty of care to licensees than invitees, but under state law, these people are still able to file a premises liability claim if they get injured on someone’s land.
No property owner in the state is required to uphold a duty of care to trespassers. According to Texas Penal Code § 9.41, owners may only use reasonable force to remove a trespasser from their property. An owner may suffer legal consequences if that force exceeds the court’s understanding of reasonable.
The attractive nuisance doctrine notes that people may be held liable for any injuries or losses faced by child trespassers on their land. According to Texas Civ. Prac. & Rem. Code § 75.003, children over the age of sixteen are not protected by the attractive nuisance doctrine in the state.
Suffering an injury on someone else’s property puts the owner responsible if you were explicitly or implicitly allowed onto their land. If you want compensation for your losses, you need to establish your position on that person’s property and then elaborate on what caused your injury. A Houston premises liability lawyer could be the ally you need to form a strong case.
An accomplished attorney could walk you through the process of filing a claim and fight for your rightful compensation in court. Schedule an initial consultation with our dedicated legal team today.