With thousands of people being injured each year due to hazardous situations that arise on commercial or residential properties, premises liability cases are one of the leading types of personal injury lawsuits in the United States.
These types of claims generally address the failure of landowners and tenants to provide a safe and structurally sound property that meets – or exceeds – the minimum safety requirements of the area.
At the law offices of Arguello, Hope and Associates, we strongly believe that everyone has the right to expect public and private property to meet these minimum safety requirements and are prepared to fight for the rights of those that have been injured due to the negligent actions of a tenant or property owner.
To find out how we can help, simply fill out and send the “Free Case Evaluation” form to the left.
Land Owner & Tenant Responsibilities
Despite premise liability laws having been created to help protect individuals that have been injured at another person’s premises, it is becoming increasingly difficult for an injury victim to prove the negligence of a property owner (or tenant) due to the large number of fraudulent claims being filed in the legal system.
To help filter these applications, there are three primary definitions used to determine if there are sufficient grounds to file a lawsuit.
These consist of:
Invitee: as the name suggests, an invitee is someone that has been invited to enter or remain on the premises. This applies to both commercial and private premises. In this instance, the owner of the premises then has a duty of care to inform, warn or otherwise protect the invitee of any known risks on the premises that may cause personal injury.
An example of this from a commercial perspective would be the requirement of a grocery store owner to not only periodically check the store for any broken, spilled or damaged items, but to also alert any customers of any spills or broken items that have not yet been cleaned up.
Licensee: a licensee is generally a guest of a private residence that has been invited to a friend’s residence.
An example of this would be for a tenant or land owner to let a guest know of a loose tile that – while appearing to be safe to an untrained eye- may cause the person to slip, trip or fall.
Trespasser*: also known as an “undiscovered trespasser”, a trespasser is an individual that ventures onto a property or enters into a premise without any permission from the occupier or property owner. In these instances, the occupier or land owner is under no obligation to inform the trespasser of any dangers that could make the premises unsafe.
For example, while someone throwing stones at a building can be considered a trespasser, in most instances it is someone that has ventured into the front or back yard or a home without permission from the owner.
Common Causes of Premises Liability Claims
While there are many sources of potential injury in homes, buildings, construction sites and other locations, there are some common areas that individuals need to be wary of.
Some of these can include:
- Faulty staircases
- Unsecured railings
- Cracked pavement
- Wet floors
- Uneven stairs
- Snow / ice
- Exposure to fumes and toxic substances
- Open fire
- Falling beams
- Lack of security
…. Just to name a few.
With customer safety often being a top priority for amusement parks, shopping centers and other areas of high volume pedestrian traffic, if you or someone you love has been injured on another persons property, it’s important to document the incident and to try and obtain the contact information of any individuals that witnessed the accident.
Due to the many different locations that this type incident can take place, an individual can suffer multiple personal injuries from the accident.
Some of the most common injuries can include:
- Broken bones
- Slipped / herniated disc
- Dental injuries
- Lacerations / cuts
It’s also worth considering that many individuals often suffer emotional trauma in the event that their injury occurs in a public location.
Have Questions? Contact Our Premises Liability Lawyer Today
An unexpected injury caused by the negligence of another person can often lead to dramatic changes in the life of the injury victim. Many of these injuries often require time off work for medical treatment and continued physical therapy before the injured person regains their health and the costs associated with these services can often be too much for families to afford.
The team of skilled legal professionals at Arguello, Hope & Associates understand the hardships that personal injuries can place on individuals and their families and we are prepared to help fight for your MAXIMUM injury compensation.
With our primary office located in Houston TX, we are available to help injury victims in:
…. And proudly provide comprehensive legal counsel to these and most other cities and towns that surround these areas.
To find out how we can help you, contact our firm today at 1-888-CLAIM-68 (1-888-252-4668) and after some initial questions from a member of our intake team, you will be connected to one of our attorneys that is best suited to handling your specific case.
If you would prefer to start immediately, simply fill out and submit the “Free Case Evaluation” form at the top of this page – it’s strictly confidential and 100% FREE to send.
*Denotes: The above is the generally accepted legal definition of trespasser but your state may or may not follow this definition. If you have a question about the definition of trespasser, please consult an attorney in your home state.