San Antonio Premises Liability Lawyer

Texas Personal Injury Lawyer Michael Grossman Explains Premises Liability

In the state of Texas, statutes require that property owners take reasonable steps to make sure that their property is safe for those that visit it.

If a visitor is hurt on someone else’s property due to that property owner’s negligence, then that visitor have be eligible to file a personal injury lawsuit. This concept is known as premises liability. The exact nature of a premises liability suit depends on the nature of the visitor and numerous circumstances surrounding the accident. San Antonio premises liability attorney Michael Grossman from Grossman Law Offices is here to help you understand what options are available to those who are injured on another person’s property.

Differences Based on the Type of Visitor

Property owners owe a legal duty to virtually every visitor that enters his or her property. But the exact nature of that legal duty depends on the type of visitor. Texas law recognizes three distinct types of visitors:

• Invitees: a person who knowingly and willfully enters another party’s property to the benefit of both the visitor and the owner of the property
• Licenses: a person who knowingly and willfully enters another person’s property for the sole benefit of the visitor
• Trespasser: a person who knowingly and willfully enters a person’s property without a legal right to enter it

A person entering a shop is an example of an invitee. The visitor enters the property owner’s property to make a purchase, which is a transaction that benefits both the property owner and the visitor. A person visiting a friend is an example of a licensee. From a legal point of view, this sort of visit is only to the benefit of the visitor. A burglar is an example of a trespasser.

Legal Duties Owed to Visitors

A few of the broad duties property owners owe to visitors in general include:

• The duty to seek out a dangerous hazard on the property and to warn visitors of it
• The duty to warn visitors of a danger that a property owner has a prior knowledge of
• The duty to refrain from wantonly or willfully injuring visitors

While these are the duties a property owner owes in general, these duties are not owed to all visitors universally. For instance, the duty to seek out and warn of a dangerous hazard is only owed towards invitees. For example, a store owner must take reasonable steps to discover slippery floors, fallen items, or other hazards, and then warn his or her customers about those hazards. They are obligated, in other words, to actively search for environmental hazards.

Property owners are obligated to warn visitors of pre-existing dangers only if those visitors are invitees or licensees. For instance, if you have dug a large hole in your backyard, then you are obligated to inform your friends who enter your backyard of the potential danger.

Property owners are obligated to refrain from wantonly or willfully injuring any visitor that enters his or her property – even burglars. If an individual has booby trapped their house and a burglar is injured by the traps, then the property owner is liable for the burglar’s injuries.

Common Premises Liability Accidents

These are some of the most common examples of injuries that may potentially fall under premises liability:

• Slip and fall accidents: if a visitor slips and falls due to a hazard (wet floor, lack of handrails on staircases, debris on the ground, etc.), the visitor may be eligible to file a lawsuit
• Elevator collapses: if a person is hurt riding an elevator on another person’s property, he or she may be eligible to file a lawsuit, even if the elevator collapse was caused by design or manufacturing defects
• Injuries caused by falling down stairs: any number of hazards can cause a person to fall down a flight of stairs, though lack of a handrail is the most common
• Injuries or death caused by criminal activity: if a visitor to a property is injured or killed by some sort of criminal activity on the property (for example, a customer being shot during a robbery at a convenience store), then that visitor may be eligible to file a lawsuit against the property owner
• Injuries caused by animal attacks: if a visitor is hurt by an animal while on another person’s property, the property owner may be held liable

As you can see, there are many factors that can lead to a premises liability suit, and property owners can be held liable for any number of hazards, from slippery floors, to lack of security cameras or adequate lighting. In general, if you have been hurt on another person’s property, only an experienced premises liability lawyer will be able to tell you whether or not you have a legitimate premises liability lawsuit.

Thankfully, our law firm is here for you. For twenty years, we have been helping victims who have been injured on another person’s property, and we have handled all kinds of premises liability cases. We have a proven track record with hundreds of successful cases. Insurance companies know who we are and how successful we have been. They will often fully cooperate with our settlement demands out of fear of facing our attorneys in court. In short, we can help you get the settlement you need quickly, so that you can get on with your life. So if you or someone you love has been hurt on another person’s property, contact experienced San Antonio premises liability lawyer Michael Grossman from Grossman Law Offices today, and let us make sure you receive the compensation you need and the justice you deserve.