If a dangerous condition on another party’s property caused you to suffer an injury, you may be able to hold the landowner or manager accountable for failing to keep their premises safe for visitors.
If you suffered an injury while visiting someone else’s land, consult with a Kyle premises liability lawyer as soon as you can. You could recover compensation for your medical expenses, lost income, and pain and suffering in a personal injury claim against the property’s owner or manager.
Common Instances of Premises Liability in Kyle
Perhaps the most common instance of premises liability is a slip and fall, whether due to slippery floors, broken stairs, etc. However, many other property accidents might entitle an injured person to compensation from a landowner, such as:
- Swimming pool accidents
- Malfunctioning elevators or escalators
- Animal attacks
- Fires, explosions, and electrocutions
- Criminal acts, if the property owner failed to implement proper security measures despite being aware of the risk of criminal activity in the area
- Exposure to hazardous materials
Almost any property accident resulting in injury could for the basis of a successful premises liability claim, as long as the injured person’s attorney is able to prove that the defendant landowner was negligent.
Understanding a Property Owner’s Duty of Care to Varying Guests
Proving negligence requires the injured claimant to show that the property owner breached a duty of care owed to visitors and thereby caused an otherwise preventable injury. However, the duty of care that a property owner owes will differ depending on the claimant’s reason for visiting the premises. An experienced lawyer in Kyle could help determine whether a property owner’s efforts to keep the premises safe were adequate for the particular circumstances.
Commercial property owners and tenants owe the greatest level of care to customers, called invitees in premises liability law. Owners and commercial lessees must regularly inspect their premises for hazards, warn customers of any dangers they discover, and make repairs as soon as reasonably possible. If a business invitee suffers an injury because a property owner’s failure to take these steps, they could recover their accident related-losses with the help of a Kyle premises liability attorney.
Social guests and contracted workers who enter a premises with permission for their own benefit are called licensees. They are entitled to a warning about hazards that are not open and obvious. However, landowners have no obligation to inspect for hazards and do not need to repair them for the sake of a licensee.
Trespassers enter property without permission and have no rights to safety while trespassing. The law offers an exception for children who might be lured into trespassing by an “attractive nuisance,” which is an artificial feature that might pique a child’s curiosity. Examples include unsupervised pools, playsets, sheds, treehouses, trampolines, etc. Landowners must prevent trespassing children from gaining access to such features or face liability in the event of a preventable child injury on their premises.
Limited Time to Seek Compensation
A person injured on someone else’s land has only two years from the date of the accident to file a lawsuit for compensation. It is therefore advisable to work with an attorney as soon as possible to give them sufficient time to investigate a case and negotiate a settlement before going to trial.
If an accident took place on property owned by a local government, it is imperative to take immediate action. Texas Civil Procedure and Remedies Code §101.101 requires individuals with a premises liability claim against a government entity to file a notice of their intent to sue within six months of the property accident.
Some municipal governments offer even less time to file a notice of claim. Seeking help from a Kyle attorney immediately after a property accident could help ensure compliance with all filing deadlines and notice requirements.
Trust Your Premises Liability Claim to a Seasoned Kyle Attorney
The complexities of some premises liability cases could challenge an individual who does not have experience in this area of law. Trusting your claim to a knowledgeable Kyle premises liability lawyer may be the best way to secure your right to compensation.
Do not allow the clock to run out on your claim. Make an appointment today to speak with a capable legal professional.