Victims who suffer injuries while on another’s property may have the right to pursue legal action, provided that their injuries could and should have been prevented if not for negligence. As with any personal injury case, lawsuits involving premises liability require victims to prove how another party – in this case a property owner – failed in some way to uphold their legal duty and caused injuries as a result.
Premises liability cases are built on laws which require premises owners to take reasonable measures in addressing potential hazards that may harm their visitors or guests. That means if a property owner fails to address a potential hazard they know about, or should have known about, they may be held liable for resulting damages suffered by victims. These cases can involve a range of accidents and issues that stem from the negligence of a property owners, including:
- Slip and fall accidents caused by wet, uneven, or hazard-laden floors
- Drowning incidents involving a lack of proper barriers or supervision
- Insufficient lighting that leads to falls or other accidents
- Negligent or inadequate security that fails to protect victims from third-party assaults
- Dog bites on another’s property (strict liability)
- Exposure to toxic substances
- Fires or explosions
In order to effectively establish the legal elements required of premises liability claims, our Houston personal injury lawyers at The Daspit Law Firm carefully evaluate all circumstances surrounding your accident. Our focus revolves around proving the following:
- A duty existed – Premises owners generally have a legal obligation to ensure the safety of their property through reasonable measures. This means fixing hazards they knew or should have known about, or providing adequate warnings should an immediate fix not be feasible. This duty is typically owed to visitors, guests, and workers contracted to perform labor on a property. Although it may not apply in cases involving trespassers, some exceptions may be made, such as when something attracted a child onto a property where they were later injured.
- The duty was breached – Premises owners may breach their legal duty when they fail to take reasonable steps in addressing potential hazards. For example, a property owner that knows of an open hole, yet does nothing to cover or fix it may be held liable for negligently disregarding the safety of visitors and guests who may fall or trip over it.
- Causation – Claims require victims to prove their injuries were more likely than not the result of a premises owner’s negligence. Failure to cover an open hole more likely than not results in injury, especially if reasonable steps that could have been taken would likely have avoided that accident.
- Damages – Any successful claim must involve actual damages suffered by victims. These damages will vary from case to case, but commonly include economic and non-economic damages such as medical expenses, pain and suffering, and lost wages, among others.
Determining whether you have a potential personal injury case following an accident on another’s property is a matter than can best be handled by proven and experienced lawyers like those at The Daspit Law Firm. Our attorneys draw from decades of combined experience when evaluating clients’ cases, and when establishing the essential legal elements to help them seek full and fair recoveries of their damages. If you have questions or would like to speak with an attorney about your case, call for a FREE consultation: (888) 273-1045.