Corpus Christi Premises Liability Lawyers
Understanding Premises Liability Law in Texas
On any type of property or premises, the owner must maintain reasonably
safe conditions. This means following building and safety codes, ensuring
the property is safe from hazards, and keeping buildings and walkways
in good repair. Anytime a property owner neglects these requirements,
causing an injury, the victim may have recourse. Have you been hurt in
this situation? If so, reach out to our team to see whether you have a
claim for damages.
Premises liability cases can involve a variety of different properties,
including shopping malls, public parks, stores, sidewalks, parking garages,
parking lots, office buildings, and even personal residences. The most
common type of premises liability injury is the result of
slips and falls. However, there are many different injuries that could occur if the property
owner is negligent in providing safe conditions.
If you or a loved one has been injured due to a premises liability situation,
contact Bandas Law Firm. Our Corpus Christi premises liability attorneys have extensive experience
with these types of cases and will go to work for you.
We can be reached online or by phone at
(361) 238-2789. Our firm offers caring and compassionate legal representation for each
and every client, no matter the complexity of the case.
The Three Legal Statuses of the Victim
Whenever there is the possibility of a premises liability case, the first
thing to be established is the legal status of the person who was hurt.
The state of Texas recognizes three different statuses:
Trespasser – If you were not legally allowed on the property and you had not
been given permission or invitation to be there, you likely will not have
a premises liability claim.
Licensee – If you were given permission, either expressed or implied, to
be on the property, but you weren’t invited specifically, you are
a licensee. This means if the property owner did not warn you of any dangerous
situations, you could have a premises liability case.
Invitee – If someone directly invites you onto their property, any dangerous
conditions that result in injury may give you cause to file a premises
liability case. You must prove negligence on the property owner’s part.
Before starting your case, it’s important to determine which threshold
you fall under. This will affect the evidence you will need to prove your
case—or whether you are even eligible to bring one.
Proving someone was negligent in a premises liability case is not as easy
as you may think. You must demonstrate the property owner knew about the
dangerous situation (or reasonably should have known) and failed to correct
it. However, if the defendant can show that you contributed to the dangerous
situation in some way, they may argue that you hold contributory negligence.
This claim, if effective, can reduce the amount they owe you. So, if you
have been injured on someone else’s property, talk to us. We can
help you determine the best approach when it comes to recovering the compensation you need.
Cases that Can Be Brought Under Premises Liability Law
Most people think of slip & falls when they hear about premises liability,
which is fair—it is one of the most common types of injury-causing
accidents. However, there are many different injures that could fall under
this banner. They include:
- Animal attack (e.g., dog bite)
- Malfunction of amenities (e.g., a shower that scalds even when not turned
all the way to hot)
- Lack of safety features (e.g., a staircase without a railing)
- Attack by someone else (e.g., a violent criminal whose presence was known
- Struck by object (e.g., a hammer that falls off the shelf)
- Collapse of structure (e.g., decorative stonework coming loose)
One exception to these injuries is Texas’ “Open and Obvious”
doctrine. For example, if you see a deep pothole in the middle of the
sidewalk and fail to avoid it, the property owner will not be liable for
your injury. Just as you must prove they reasonably should have been aware
of a danger, they can argue a typical person would be expected to notice
it and avoid a situation that could harm them.
On the other hand, if neither you nor the property owner knew (or should
have known) there was a danger, you may not be able to bring a lawsuit
at all. Sometimes accidents happen for no reason, and at no one’s
fault. Only when negligence can be proven can you sue.
Who Is At Fault?
Determining whose negligence caused your accident can at times be complex.
Is a sidewalk the property of the city, or the store it runs in front
of? Is an injury in an apartment building the fault of the landlord, or
the person staying there? Our team can help you evaluate your case to
figure out which party (or parties) may be held to account.
Contact Our Firm for a Free Case Evaluation
Bandas Law Firm is here for you when you or a loved one has been injured
in a premises liability case. We work with clients to protect their rights
throughout the whole claim process, no matter how long it takes. Get started
on the lengthy legal process now: Reach out to us as soon as possible
after your injury. We will provide you with a free case evaluation to
determine your legal options after a bad accident.
To schedule a consultation with one of our attorneys, please give us a call at
(361) 238-2789 or complete our inquiry contact form.