What Makes Premises Liability Cases Successful?
When someone is injured due to hazardous conditions on someone else's property, premises liability law comes into play. As a premises liability attorney in Houston, Texas, we've seen firsthand how these cases unfold. Premises liability cases can be complicated, but several factors contribute to making them successful.
Reviewing the critical components, such as negligence, evidence, and the type of visitor involved, is essential for determining whether a case can stand in court.
Premises liability law holds property owners accountable for maintaining safe environments. However, proving fault and securing compensation requires more than just showing that an injury occurred.
There are specific elements that must be met, and the success of these cases largely depends on the facts and evidence presented. Let's explore what makes these cases successful in Texas and how we can guide you through the legal process.
Duty of Care Owed by the Property Owner
The property owner’s duty to maintain a safe environment is one of the most crucial aspects of premises liability cases. In Texas, property owners are expected to provide safe conditions for people on their property, but this duty can vary depending on the visitor's status.
Invitees: Property owners owe the highest duty of care to invitees, such as customers in a store or employees in a workplace. This means they must not only fix any dangerous conditions but also inspect for potential hazards and fix them before they cause harm.
Licensees: These are individuals who are allowed to enter a property for their benefit, such as social guests. The duty owed here is to warn the licensee of any dangerous conditions the property owner knows about.
Trespassers: Trespassers are people who enter a property without permission. In Texas, property owners have the least duty to trespassers. They can only be held liable if they intentionally harm the trespasser or create inherently dangerous conditions.
The duty of care owed by the property owner is essential in establishing the foundation of your case as a premises liability attorney. The level of responsibility the owner has will impact how we build your claim.
Negligence and Breach of Duty
Once the duty of care is established, the next step is proving that the property owner was negligent and breached that duty. Negligence involves showing that the property owner didn't take reasonable steps to maintain a safe environment. As your premises liability attorney, we'll work to demonstrate that the owner failed in their obligation, either by:
Failing to fix a known hazard: If the property owner is aware of a dangerous condition, such as a wet floor or broken stairs, and fails to address it, that could be negligence.
Neglecting to inspect for hazards: Property owners are responsible for regularly inspecting their property to spot and fix hazards before they cause accidents.
Ignoring safety protocols: Sometimes, the failure to follow basic safety procedures or building codes can contribute to an unsafe environment.
If we can prove that the property owner neglected their duty and caused the hazardous condition that led to the injury, your chances of success in the case increase significantly.
Causation and Damages
The third element that can make a premises liability case successful is establishing causation. This means proving that the property owner’s negligence directly caused the accident. It’s not enough to show that a dangerous condition existed; you must also prove that the hazardous condition was responsible for the injury.
Once causation is proven, the next step is to demonstrate the extent of the damages suffered. This includes:
Medical bills: Costs of hospital visits, surgeries, or long-term care.
Lost wages: If the injury caused you to miss work, we would calculate the lost income.
Pain and suffering: The physical and emotional toll of the injury.
Property damage: If any personal property was damaged in the accident, that could be considered in the damages.
These elements help establish the severity of the injury and the scope of appropriate legal ramifications. As your premises liability attorney, we'll make sure to gather all relevant evidence to demonstrate how the injury has affected your life.
Gathering Evidence for Success
Successful premises liability cases hinge on strong evidence. The more detailed and concrete the evidence, the more likely the case will be successful. Some other types of evidence that can strengthen your case include:
Photographs and Videos
If you’ve been injured on someone else’s property, we always recommend taking photographs or videos of the dangerous condition as soon as possible. Whether it’s a wet floor, a broken railing, or an uneven surface, capturing the condition can provide critical evidence to support your claim.
This evidence can help establish that the property owner was aware of the hazard and failed to take action.
Witness Testimonies
In many cases, witnesses can provide crucial testimony to support your version of events. If someone saw you fall or can testify that the hazardous condition existed before the accident, their testimony could be invaluable in proving that the property owner was negligent. As your premises liability attorney, we'll gather witness statements to strengthen the case.
Incident Reports
If the injury happened in a business or public place, an incident report might have been filed. This document could contain details about the event and the property owner’s response. It's also useful to request any accident reports from the property owner or their insurance company, as they could contain important admissions of liability.
Maintenance Records
If the property owner is responsible for regular maintenance or inspections, those records may be important evidence in your case. Maintenance records can demonstrate whether the property owner was following proper safety procedures or neglecting necessary upkeep.
If the records show that the property owner regularly ignored inspections or failed to repair known hazards, this could help support your claim.
Reliable Testimony
In some intricate premises liability cases, professional testimony can be invaluable. For example, if a fall was caused by a faulty stairway, a professional in building safety or construction might be able to testify about the improper construction.
As your premises liability attorney, we can engage authority figures who'll help explain technical aspects of your case to the jury and support your claims.
Defenses Property Owners May Use
In some cases, property owners or their insurance companies will attempt to avoid responsibility by raising defenses. Understanding these defenses can help you anticipate challenges in your case. Some common defenses property owners may use in premises liability cases include:
Comparative Negligence
Texas follows a modified comparative negligence rule, which means that if you're found partially responsible for the injury, your damages may be reduced. For instance, if you were injured due to a hazardous condition but weren’t paying attention or were acting recklessly, the defendant may argue that you share some responsibility.
As a premises liability attorney, we'll work to make sure that you aren’t unfairly blamed for your injuries.
Open and Obvious Dangers
If the dangerous condition was obvious and should have been noticed by any reasonable person, the property owner may argue that they aren’t responsible for the injury.
For example, if there’s a large puddle on the floor, and it’s visible to anyone entering the area, the defendant may claim the injury was avoidable. However, if the condition was hidden or not immediately obvious, we'll argue that the property owner had a responsibility to address it.
Assumption of Risk
In some cases, if you voluntarily assumed the risk of injury, such as in recreational activities like skating or climbing, the property owner may argue that you waived your right to sue. This defense typically applies to activities that involve inherent risks, and we'll examine whether it applies to your case.
Contact the Law Offices of Francisco G. Medina Today
At the Law Offices of Francisco G. Medina in Houston, Texas, we have the experience and knowledge to handle your case and protect your interests. We serve clients in Fort Bend County, Montgomery County, Houston, and Galveston. Don’t wait—contact us today to schedule a consultation and discuss your case.