Accidents happen, but when they occur on someone else’s property, the consequences can be serious. Whether it’s a slip-and-fall, a dog bite, or an accident caused by unsafe conditions, you may have legal rights to compensation for your injuries. Property owners in Kingwood are responsible for maintaining their premises and keeping visitors safe. When they fail to meet this responsibility, it can lead to premises liability claims.
If you’ve been injured on someone’s property in Kingwood, Hernandez Sunosky, LLP is here to help you understand what you need to know about your rights and how to protect them.
What Is Premises Liability?
Premises liability refers to the legal responsibility of owners to ensure their property is reasonably safe for visitors. When a property owner’s negligence causes or contributes to an injury, the injured party may file a premises liability claim to seek compensation for damages.
Some common types of premises liability cases include:
- Slip-and-Fall Accidents: Slippery floors, uneven surfaces, or poorly lit areas can lead to dangerous falls.
- Dog Bites and Animal Attacks: Pet owners are responsible for preventing their animals from harming others.
- Swimming Pool Accidents: Unsafe pool areas without proper fencing, signage, or supervision can result in injuries.
- Falling Objects: Merchandise or other items that fall from shelves or structures can injure visitors.
- Negligent Security: Inadequate security measures on a property can result in assaults or other crimes.
Who Can File a Premises Liability Claim in Kingwood?
In Texas, premises liability cases hinge on the legal status of the injured party at the time of the accident. Visitors are classified into three categories:
- Invitees: These are individuals who enter a property for the owner’s benefit, such as customers at a store or patrons at a restaurant. Property owners owe invitees the highest duty of care, including regular inspections and prompt repairs of hazardous conditions.
- Licensees: These are social guests or individuals who enter a property with the owner’s permission but for their own purposes, like a friend visiting your home. Property owners must warn licensees of known dangers but are not required to inspect the property for hidden hazards.
- Trespassers: People who enter a property without permission are considered trespassers. Property owners generally owe minimal duty to trespassers, except in cases involving children or intentional harm.
If you were on the property as an invitee or licensee and sustained an injury due to negligence, you likely have grounds for a premises liability claim.
What Must You Prove in a Premises Liability Case?
To succeed in a premises liability case, you must prove the following elements:
- The Property Owner Owed You a Duty of Care: This depends on your legal status as an invitee, licensee, or trespasser.
- The Owner Was Negligent: Negligence means the property owner knew or should have known about the hazardous condition but failed to address it or warn you.
- The Hazard Directly Caused Your Injury: There must be a clear connection between the unsafe condition and your injury.
- You Suffered Damages: Damages may include medical bills, lost wages, pain and suffering, or other losses caused by the injury.
Common Defenses in Premises Liability Cases
Property owners and their insurance companies often raise defenses to avoid liability. Some common defenses include:
- The Hazard Was Open and Obvious: If the dangerous condition was clearly visible and avoidable, the property owner may argue they are not liable.
- Comparative Negligence: Texas follows a modified comparative negligence rule. If you are found to be more than 50% responsible for your injury, you cannot recover damages. For example, if you were texting while walking and missed a “wet floor” sign, the property owner may argue you contributed to your accident.
- No Knowledge of the Hazard: The owner may claim they were unaware of the hazardous condition, especially if it occurred suddenly or recently.
An experienced premises liability attorney can help counter these defenses and build a strong case on your behalf.
What Should You Do After an Injury on Someone’s Property?
If you’ve been injured on someone’s property in Kingwood, taking the right steps can strengthen your claim:
- Seek Medical Attention: Your health comes first. Even if your injuries seem minor, see a doctor to ensure proper treatment and create a record of your injuries.
- Report the Incident: Notify the property owner or manager about the accident and document their response.
- Gather Evidence: Take photos of the hazard, your injuries, and the surrounding area. Collect witness contact information and keep any related documents, like medical bills or repair records.
- Avoid Discussing Fault: Refrain from making statements about who was at fault. Anything you say could be used against you.
- Contact an Attorney: Premises liability cases can be complex, especially when dealing with insurance companies. An experienced lawyer can help you understand your rights and negotiate fair compensation.
Compensation You May Be Entitled To
If you succeed in your premises liability claim, you may recover compensation for:
- Medical Expenses: Current and future treatment costs related to your injury.
- Lost Wages: Income lost due to missed work or diminished earning capacity.
- Pain and Suffering: Physical and emotional distress caused by the accident.
- Other Damages: This may include property damage, rehabilitation costs, or loss of enjoyment of life.
How Hernandez Sunosky, LLP Can Help
At Hernandez Sunosky, LLP, we understand the challenges you face after being injured on someone’s property. Our experienced attorneys are committed to fighting for your rights and ensuring you receive the compensation you deserve.
If you’ve been injured on someone’s property in Kingwood, don’t wait to seek legal guidance. Contact us today for a free consultation, and let us help you navigate the path to recovery and justice.