Premise liability accidents occur when an incident happens on another person's property, and the property owner owes the injured party a duty of care. These accidents encompass various scenarios, including slips and falls, premises defects, and swimming pool accidents. When such incidents occur, liability cases are often brought forth to determine whether the property owner is responsible and whether the injured party should receive compensation.
To be entitled to compensation, the injured party must have been lawfully present on the property at the time of the incident and be able to prove negligence on the part of the property owner. This obligation means demonstrating that the property owner failed to uphold their duty of care, resulting in the injury.
Seeking legal assistance is essential in navigating the complexities of premise liability cases. A lawyer can investigate the incident, gather evidence, and develop a solid case to support the injured party's claim for compensation.
Schedule a consultation with Goline & Roland Law Firm, PLLC in Denton by calling (940) 400-0475.
Lawful Presence on the Property
Lawful presence on the property is critical in determining compensation eligibility in premise liability cases.
Lawful presence means being invited onto the property by the owner or receiving explicit permission. The idea of lawful presence applies when you are a guest at someone's home, a customer at a business establishment, or a visitor to a public space.
Still, exceptions exist, particularly regarding trespassers. Trespassers are individuals who enter premises without express or implied permission from the property owner. In such cases, the property owner does not owe a duty of care to the trespassers and is not liable for any injuries sustained by trespassers on their property.
Duty of Care Owed By Property Owners
Property owners must ensure the safety of visitors on their premises. This duty entails taking reasonable measures to make the premises safe, whether by fixing known hazards or providing adequate notice. Understanding the scope of these responsibilities is essential in premise liability cases, as it affects the ability to seek compensation.
To establish a property owner’s liability, you must demonstrate several critical elements:
- The property owner owed you a duty of care. This duty is related to the ownership or control of the property. It extends to ensuring its reasonably safe condition for visitors.
- The property owner breached that duty. A property owner breaches their duty when they fail to take reasonable steps to address known hazards or adequately warn visitors about them. This breach could involve neglecting to repair a broken staircase, failing to clear ice from a walkway, or failing to secure dangerous areas.
- The breach led to an accident. You must demonstrate that the property owner's breach of duty contributed to the accident or injury sustained.
- The injured party suffered losses and expenses. Finally, you must have suffered measurable losses and expenses due to the accident to be eligible for compensation. Damages include medical bills, lost wages, pain and suffering, and other related costs.
Building a Premises Liability Case
Building a solid case is essential to seek the compensation you deserve when pursuing a premise liability claim.
The first step in building your case is conducting a comprehensive investigation into the accident's circumstances.
This process may involve:
- Gathering witness statements
- Examining the scene
- Reviewing relevant documents
You must gather compelling evidence demonstrating their failure to uphold their duty of care to prove the property owner’s negligence
Evidence may include:
- Photographs or videos
- Medical records
- Expert testimony
- Maintenance records
The Importance of Legal Representation
Seeking legal advice after a premise liability accident is paramount. A personal injury attorney can provide counsel on the process, helping you navigate legal procedures, negotiate with insurance companies, and advocate for your rights. Whether you've been injured in a slip and fall accident, encountered premises defects, or suffered harm from a swimming pool accident, having skilled legal representation can make a difference in seeking justice.
At Goline & Roland Law Firm, PLLC, we advocate for our clients in Denton. Call us at (940) 400-0475 or complete an online form to discuss your case.