Premise liability is a branch of law that covers cases involving incidents that occur because of unsafe or defective conditions that exist on a piece of property. Under local, state, and federal law, all property owners have an obligation to keep visitors safe.
To abide by these laws, property owners must make an effort to maintain a safe environment. Failure to do so can result in a lawsuit where a premise liability lawyer will have to determine what kind of negligence occurred and prove that:
- A certain condition on the defendant’s property posed a serious risk of injury.
- The property owner should have been aware of these dangers through proper inspection.
- The property owner failed to fix or repair the dangerous condition even after knowing of the issue.
Texas law recognizes the following categories of visitors:
- Invitee: This individual is given express or implied permission to be on the property. Invitees include people such as retail clients and workers.
- Licensee: A licensee is a person who has no contractual relation with the property owner but has express or implicit permission to be on the property. Licensees include individuals such as social guests at a residence.
- Trespasser: This is a person who does not have express or implied permission to be on a property. While trespassers typically do not have the right to file a claim, a property owner cannot lawfully prepare pitfalls or traps for a trespasser in order to harm them.
In Texas, you have a two (2) year deadline for filing a premises liability claim. Failure to file within this time frame essentially means forfeiting your rights to file a claim.
One thing to keep in mind, also, is that insurance companies often act in bad faith. Bad faith includes different tactics insurance companies use to underpay or completely deny your claim.
Do NOT settle your claim with your insurance company without consulting the Rio Grande Valley premises liability lawyers of J. Gonzalez Injury Attorneys. We will fight hard to help you secure the compensation you need to heal.
Contact us at The J Gonzalez Law Firm:
2120 Oakland Avenue
McAllen, TX 78501
4217 Expressway 83
Brownsville, TX 78520
Rio Grande City
2117 E. Highway 83
Rio Grande City, TX 78582