What Is Premises Liability?

Property owners have certain legal obligations to any individuals whom they invite onto their property. This includes owners of public places like parking lots and grocery stores, as well as your next door neighbor.

If you’ve been injured on someone else’s property, you may be able to hold the owner liable for your injuries. Property owners have a legal obligation to keep their properties safe for those who enter them, an obligation known as premises liability. 
If a property owner fails to take reasonable precautions in order to keep their guests safe, anyone who is injured as a result of that negligence may be able to file a claim for complete compensation thanks to premises liability. Find out more about premises liability from your Edinburg personal injury attorney.

Premises Liability Defined

Premises liability is the legal way of saying that a property owner has a duty-of-care, a responsibility to protect, visitors on their property. If an owner fails to take sufficient precautions, they can be held liable. Failures that could lead to a premises liability case include the following:

• Under-lit areas

• Icey path ways

• Lack of proper surveillance

• Lack of signage

• Failure to take reasonable actions to prevent a crime

• Broken or faulty equipment

• Failure to properly supervise visitors

• Dog bites

As you can see, most premises liability cases involve some type of negligence. In order to prove their right to compensation, victims will nneed to prove both that the property owner or property manager was negligent, and that it was the owner’s negligence that caused their injuries.

Some places where property owners often fail to uphold their duty-of-care include:

Some examples of premises liability cases include:

• Hotels

• Grocery stores

• Restaraunts

• Gyms

• Apartment Complexes

• Parking lots

• Amusement parks

• Elevators

Being injured on someone else’s property does not automatically entitle you to premises liability compensation. Your attorney must prove that the owner knew or should have known that their property was unsafe. An experienced attorney can collect the necessary evidence in your premises liability case to ensure you get the compensation you deserve.

Damages Available

First, you will need to prove that the property owner involved in your case acted negligently or otherwise failed to take reasonable precautions to maintain a safe environment. After you have done so, you may be eligible for the following damages relating to injuries you suffered as a direct result of that negligence:

• Medical bills

• Lost wages

• Pain and suffering

• Mental anguish

• Reduced earning power

• Reduced quality of life

• Legal costs

On top of these damages, punitive damages may be awarded if the defendant’s wrongdoing was intentional or malicious. Punitive damages are monetary damages that are awarded aside from compensation for harm suffered by the victim.

Who Can File a Premises Liability Claim?

To file a premises liability claim, you must prove that you were injured on someone else’s property. There are many ways to support your claim. Perhaps most importantly, you can support your claims by giving your own testimony. 

Other forms of proof that may be used include medical bills and expert testimony. A medical expert can testify regarding the extent of your injuries and medical treatment, as well as how your injuries may affect your life moving forward. 

Maintaining all legal and medical documentation relating to your accident and subsequent case can make a big difference in the success of your claim. If you’ve been injured on someone else’s property, speak to an experienced attorney to find out whether or not you have a strong premises liability claim.

Seek Compensation With an Edinburg Personal Injury Attorney
Unfortunately, many people don’t know that they have the right to compensation for injuries they suffer on some one else's property. If a property owner acts irresponsibly and causes an injury as a result, they should be held responsible under Texas law.

Your Edinburg personal injury attorney at the Law Office of Bobby Garcia can help collect the evidence you need to develop a strong claim. Don’t wait to fight for the relief you’re owed.

Schedule a FREE consultation with your Edinburg personal injury attorney at the Law Office of Bobby Garcia to get started on your personal injury claim.