Injured On Private Property. Who is Liable?

 Posted on October 23, 2023 in Personal Injury

Property owners must maintain a safe environment to prevent injury from occurring on the premises. This is referred to as premises liability and holds the owners and residents of the property liable in the occurrence of accidents or injury. A lawyer experienced in premises liability legal matters can assist you in mounting a case against negligent property owners.

What Are Some Common Incidents That Can Result in Premises Liability?

There are quite a few incidents that can result in premises liability. The most common are:

• Slip and falls
• Animal attacks
• Amusement park accidents
• Hotel accidents
• Parking lot and garage accidents
• Swimming pool accidents

People often fail to file a premises liability lawsuit if they must name their neighbors or friends as negligent. Thankfully, this is what homeowner’s insurance helps to resolve. Homeowner insurance is meant to pay the medical and other damage expenses as the result of an accident.

Who is Liable for a Premises Liability Accident?

This question has many different answers depending entirely on each specific situation. Property owners, including landlords and homeowners, can be held responsible for injuries due to various hazards and conditions on their premises. Other individuals or businesses that can be held liable include:

• Business tenants or residential renters
• Property managers
• Condominium Owners Association
• Businesses that serve alcohol (dram shop laws)

Trespassers are not owed a duty of care by an owner, lessee, or occupant.

Premises Liability on Private Property

The nature of your visit will have a bearing on the owner’s liability for any accident or injury you may suffer. A friend who asks you to visit their home will face different liabilities than the owner of a home you visit for business purposes. However, property owners generally shoulder the responsibility to maintain their property according to reasonable safety standards.

Premises Liability on Residential and Commercial Properties

When invited to a place of business, the business owner is liable for injuries suffered while on the premises. A business must ensure the safety of all visitors visiting their property. Visitors on non-business purposes are still considered guests and must be informed of any dangers that the visitor may not be readily aware of.

Commercial property owners must adhere to higher standards of care for their businesses. Consistent inspections of the property and the correction of any dangerous issues all fall under the obligations of a commercial property owner. Preventable hazards, such as wet floors, that are not properly addressed can result in liability if someone is injured.

Contact a Fort Worth, TX Personal Injury Lawyer

An owner has a baseline responsibility for the safety of anyone entering their premises, invited or otherwise. As such, knowing your rights and contacting a Dallas, TX premises liability attorney whenever an accident occurs is important. The Clark Law Group can provide legal representation in a court of law to safeguard your rights and attempt to secure compensation on your behalf. Call our office at 469-906-2266 to schedule an appointment to discuss your case.