If you were injured while on someone else’s property, you may be entitled to compensation, and a personal injury lawyer could help you determine if the property owner is liable for your losses.
Premises liability cases are complex and may be difficult to pursue, as a plaintiff must prove many more elements to be successful than in an ordinary negligence case. A Round Rock premises liability lawyer skilled in the nuances of this area of law may be able to help you collect damages for your medical expenses, pain, and suffering, loss of income, and any other damages that have resulted from your injury.
Elements of Premises Liability Case
Under case law, for a Round Rock attorney and plaintiff to establish a cause of action in a premises liability case, they must prove the following:
- The property owner had actual or constructive knowledge of some condition on the premises
- The condition of the property posed an unreasonable risk of harm to the plaintiff
- The property owner did not exercise reasonable care to reduce or to eliminate the risk
- The property owner’s failure to use such care proximately caused the plaintiff’s injuries
Plaintiff’s Legal Status
A plaintiff’s legal status on another’s property is important, as it defines the duty owed by the property owner and the plaintiff’s burden of proof. There are three legal statuses that a plaintiff can be classified as.
An invitee enters a premise with the express or implied permission of the owner for the mutual benefit of both. A customer in a store, a diner at a restaurant, and a guest in a hotel are all examples of invitees. The invitee is generally owed the highest duty of care because there is an expectation of financial gain on behalf of the owner, but this is limited. The duty owed is ordinary care to inspect the premises, fix or make safe dangerous conditions, and adequately warn about potential hazards.
An invitee’s burden of proof is to show there was an unreasonably dangerous condition on the property, the owner had actual knowledge or should have known about the danger, the condition was concealed, and that the invitee was not aware of the danger. If they are injured due to a dangerous condition that they knew about or foresaw, the owner has a defense, and it may be hard to obtain full compensation. However, a qualified Round Rock premises liability attorney may be able to skillfully pursue compensation for an invitee.
A licensee enters a premise with express or implied permission from the owner but only on business for someone else or the licensee’s convenience. A friend who visits, a party guest, or an individual performing a service such as yard work, are all examples of licensees. The property owner’s duty is to make dangerous conditions safe or give adequate warning of known hazards, but the owner does not owe a duty to inspect the premises.
Licensees must prove that the owner had actual knowledge of the dangerous condition. If an injured licensee knew about or foresaw the dangerous condition, the owner has a defense, and the licensee may be barred from recovering damages.
A trespasser enters a premise without the right or permission from the property owner. The owner owes a duty to refrain from injuring the trespasser on purpose or through gross negligence. These claims are generally harder to sue for, but a Round Rock attorney skilled in premises liability could evaluate this claim to see if compensation is available.
Call a Round Rock Premises Liability Attorney for Assistance
If you are seeking to file a lawsuit for injuries sustained on someone else’s property, contact a personal injury lawyer to help you understand your case and your rights. Recovering damages owed for your injuries may help you move forward.
Premises liability law is case sensitive; there is no “one size fits all” in this complex area. Contact a Round Rock premises liability lawyer today for a free case consultation about your specific situation.