KELLEY FIRMKnowledgeable Premises Liability Attorneys
Premises Liability Lawyers of Dallas
In Texas, property owners have a legal obligation to ensure that their properties are safe and free from unreasonable hazards that could lead to accidents or injuries. If you or a loved one has been injured on public or private property due to the negligence of a property owner, you may have grounds for a premises liability case. At Kelley Law Firm, we are dedicated to representing individuals who have suffered severe injuries as a result of unsafe and defective conditions in various settings. Our experienced Dallas premises liability lawyers have a deep understanding of this complex area of law and will tirelessly pursue maximum compensation on your behalf.
When Is a Property Owner Liable for an Accident or Injury?
Generally speaking, whenever a property owner violates his or her duty of care to someone who enters the property, and the person who enters the property is injured as a result, the property owner may be held liable for the visitor’s resulting damages. In Texas, property owners owe varying duties of care to different types of property visitors.
Property Visitors Recognized by Texas
Different categories define the legal status of individuals entering a property. An invitee refers to someone who lawfully enters a property for the mutual benefit of both the invitee and the property owner. An example of an invitee is a customer at a retail store. On the other hand, a licensee is someone who lawfully enters a property but for their own purposes, not necessarily for the benefit of the property owner. Salespeople, meter readers, and mail delivery people fall under the category of licensees.
Lastly, a trespasser is an individual who unlawfully enters a property without the consent of the property owner, either expressed or implied. For instance, someone who takes a shortcut across private land would be considered a trespasser. These categories help determine the legal rights and responsibilities of individuals while on another person’s property.
Property owners owe the highest duty of care to invitees, followed by licensees. In Texas, property owners must remove, repair, and/or warn of dangerous conditions that could cause foreseeable injury, as well as conduct routine property maintenance for the benefit of invitees. While they are not required to conduct property maintenance to protect licensees, they must warn such visitors of potential hazards on the property.
When it comes to trespassers, Texas property owners must simply refrain from causing willful or intentional injury. They do not owe trespassers a duty of care, with the exception of minors (unmarried individuals under the age of 18).
If the trespasser was a child or teen under the age of 18, the property owner could still be liable under the state’s attractive nuisance laws, which hold property owners accountable for hazardous conditions that may attract children or teens to a property. Examples of attractive nuisances include swimming pools, trampolines, ponds, animals, and more.
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