Accidents that occur on a property that is privately owned or managed can be challenging to resolve, especially because unique rules apply to these situations. If you were recently harmed due to someone else’s failure to maintain a safe environment, understanding how state law governs your circumstances could help you collect the compensation you deserve.
A hardworking Baytown premises liability lawyer could provide the guidance and support you need to achieve a positive case outcome. Once retained, a seasoned personal injury attorney from Kirk Law Firm, PLLC, could explain your rights, outline your legal obligations, and help you collect the evidence you need to prove your nuanced claim.
Duties of Care for Different Visitors
One of the most important aspects of filing a premises liability lawsuit involves proving that the defendant breached their duty of care for the plaintiff. Therefore, it is crucial to realize that, depending on someone’s reason for visiting a property, the duty of care they are owed changes.
For instance, landowners owe the most substantial care to “invitees,” people who are visiting for everyone’s mutual benefit. One common example of an invitee is someone who comes to shop in a store. Along with warning invitees of known hazards, property owners must also regularly inspect their space to identify new potential dangers. Once a new hazard is identified, invitees must be warned of the danger until it is cleaned up, repaired, or no longer dangerous.
Meanwhile, “licensees,” often viewed as social guests, are not owed the same protection. Property owners still have to warn these licensees of known dangers but are not required to inspect the property for new hazards.
Finally, landowners generally do not owe trespassers any protection. If a Baytown resident has any more questions about how visitor classifications relate to their premises liability claim, they should reach out one of our intelligent attorneys.
Determining the Value of Premises Liability Damages
The amount of compensation available to a plaintiff who successfully proves a property owner’s negligence depends on the extent of injuries sustained and the long-term impact of those wounds. Depending on the circumstances, recoverable compensation could include economic damages like repayment for medical bills. In some cases, a claimant could also collect reimbursement for non-economic losses, like emotional trauma or severe physical pain.
It is worth noting also that under Texas Civil Practice & Remedies Code §33.012, any premises liability plaintiff found partially responsible for causing or exacerbating their injuries through their own misconduct may have their damages reduced. One of our dedicated lawyers in Baytown could provide more clarification about this rule and help a client preserve their right to compensation for their premises liability injuries.
Contact a Baytown Premises Liability Attorney to Learn More
Injuries sustained on another person’s property could entitle you to a civil recovery, but effectively pursuing this compensation can be more challenging than it should be. This is especially true for people who proceed without the assistance of one of our hardworking legal representatives.
If you want to learn more about your rights and options, our team members are here to help. A compassionate Baytown premises liability lawyer could listen to your side of the story, develop a personalized action plan, and fight to hold a negligent defendant accountable. Call today to schedule your free initial consultation.