Premises Liability Lawyers in Waco, Texas
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If you suffer a slip and fall or other injury on someone else’s property in Texas, you may have a premises liability cause of action under Texas law. You can sue because of negligence due to an activity on the property or negligence due to a premises defect. Texas law limits the time that you have to file a personal injury lawsuit, so if you slipped and fell or suffered an injury due to negligence on another person’s property, contact the Waco, Texas premises liability lawyers at Zinda Law Group for a consultation. We use our knowledge and experience to protect your rights and fight to win you the compensation that you deserve.
Negligent activity requires affirmative negligence by the property owner, controller, or occupier. This negligence causes the injury. On the other hand, premises defect occurs when the owner, controller, or occupier of the property fails to reasonably make the property safe. What you must prove in a premises defect cause of action depends upon your status on the property. Texas law designates three different statuses of visitors to property. A visitor may be an invitee, a licensee, or a trespasser. Understanding which group you occupy will help you understand how to prove your case at trial. In many cases, owners contest a person’s status on the premises to try to avoid liability. An experienced premises liability lawyer can help you determine your status as a visitor, collect evidence, and find witnesses to support your position.
An invitee enters the property and the owner, controller or occupier knows of the invitee’s visit. The purpose of the visit is for the mutual benefit of both parties. An invitee can prove premises defect by showing that the owner, controller or occupier knew or should have known of a condition on the premises; the condition caused an unreasonable chance of harm; the owner, controller or occupier did not take reasonable care to eliminate or reduce the risk and the failure of the owner, controller or occupier to take reasonable care caused the injury to the invitee.
A licensee enters and remains on property with consent of the owner for the licensee’s own benefit or to do business with a person other than the owner. A licensee plaintiff in a premises defect case must show that a condition on the property caused an unreasonable chance of harm; the owner had actual knowledge of that condition; the licensee did not have any knowledge of the condition; the owner failed to exercise ordinary care and that failure to exercise car caused the injury to the licensee.
A trespasser is someone who enters property without permission, which is why trespassers have the fewest rights under Texas law. Property owner, controllers or occupiers will be liable for premises defect if the trespasser proves that the owner, controller or occupier willfully, wantonly or through gross negligence injured the trespasser.
Slip and Fall or Trip and Fall Injuries
We have all had the misfortune of tripping or falling, and while most often we are able to catch our balance or get up without any resulting problems, sometimes these trips or falls can result in severe injuries. Hazards such as slippery floors, poor lighting, or uneven surfaces are often the cause of a slip and fall.
A slip and fall claim, often known as premises liability, is potentially created when a person slips, trips, or falls down. The claim is based on the fact that the property owner was negligent in some manner by allowing hazardous or dangerous conditions to exist on their property and that resulted in the slip, trip or fall. Property owners are responsible for removing potential dangers that may cause injuries to others. This also applies to their employees working on their property. If they are aware of the hazard or the danger that resides on their property, the property owner can be held legally responsible for any injuries that occurred as a result of the conditions.
If you can answer ‘yes’ to one of the three following questions, then it is likely that the property owner can be held liable for the unsafe conditions that caused injury.
- Did the property owner or employee cause the hazardous or unsafe condition?
- Did the property owner or employee know about the condition, but choose not to remove it or warn of the danger?
- Should the property owner or employee have been aware of the hazard or unsafe condition and should have discovered it through normal maintenance of the premises?
If you answered yes to any of the above question, then your injury was likely the result of the negligence of the property owner, especially if they had knowledge and/or the ability to remove the danger or hazard.
Defenses to Premises Liability
There are two defenses to be aware of that property owners can assert in defense of a slip and fall lawsuit.
- The property owner was not negligent. The first defense is that they were not negligent; they did not create the hazard and they did not have prior knowledge of the alleged condition. For example, just moments before the fall, coffee was spilled on the floor by another patron and the owner, acting with reasonable care, would not have had time to discover and clean up the spill.
- The injured party was negligent. The second defense is that the person who was injured was the one who was negligent, did not exercise due care, and therefore is at fault. For example, the injured party could have seen the obvious danger of the spilled coffee on the floor and failed to take the necessary actions to avoid the spill.
At Zinda Law Group our team uses its knowledge and experience to help victims of premises liability in Waco, Texas and the surrounding areas. We understand the pain and suffering caused by personal injuries, and we will work hard to make you whole again. Contact us by toll-free phone (800) 863-5312 or visit our website at https://www.zdfirm.com/ and let us advocate for your rights.