Premises Liability
Premises Liability Legal Expertise at Your Service
The Orlando Garcia Law Firm specializes in personal injury cases of various types in the Rio Grande Valley, including premises liability. Premises Liability refers to the rules requiring Texas property owners to ensure their property is safe for visitors by taking certain measures. Common incidents involve swimming pools, slip and falls, dog bites, and amusement park accidents. Determining whether a property owner is liable for a visitor’s injury depends on many factors, but we start by establishing three things: the defendant’s legal duty to the injured party, breach of that legal duty, and damages that breach caused to the visitor.
The Difference Between Licensees, Invitees, & Trespassers
Knowing the difference between a license, invitee, and trespasser is essential in premises liability cases. Each term describes a certain type of visitor on a property and what duties the property owner owes to protect them from an injury. The injured party’s classification decides what duties apply to their case, and we have described each classification below for your benefit:
This person has been given consent by the owner to enter their property, and the person is visiting the property for their own benefit. Examples of these cases include salespeople and social guests. The property owner’s duties include warning a licensee of dangerous conditions they know of on the property that the licensee does not know about, such as loose steps, holes in the ground, and sharp objects. The property owner can also make these conditions safe.
Suppose a person enters an owner's property with their knowledge and permission, and the visit is mutually beneficial to both parties. In that case, this person is an invitee, including a business patron or meter reader. Property owners must offer invitees the utmost duty of care, such as warning them of dangerous conditions or making these conditions safe. These conditions include those the owner is aware of or could have discovered through a reasonable inspection.
A person who enters a property without permission or lawful authority is a trespasser. The property owner’s only duty to trespassers is not to cause injury through gross negligence, wantonly, or willfully.
Proudly Serving Rio Grande Valley Clients
If you have been injured on someone’s property due to their negligence or failure to make it safe for visitors, The Orlando Garcia Law Firm is ready to represent you in your premises liability case. Our law firm is well-experienced in personal injury cases and treats every client with compassion and understanding.