Richmond Premises Liability Attorney
When you enter another person’s property, whether it is a family member’s home or place of business, the expectation is that the premises are safe for you and other visitors. Unfortunately, not all property owners and occupiers are vigilant in the upkeep of their premises, and negligence can lead to hazardous conditions that can cause accidents and injuries. If you or a loved one was injured on someone else’s property, you may have a claim for damages under Texas premises liability law.
Injury victims know that the Richmond premises liability attorneys at The West Law Office will fight for the compensation they deserve. Call or contact the office today to schedule a free consultation of your claims.
Invitees, Licensees, and Trespassers
A property owner owes a different duty of care to others on their premises depending on their classification, which can be as an invitee, licensee, or a trespasser. Invitees are people on the premises for the benefit of the property owner or occupier, like a customer at a store. An invitee is owed the highest duty of care, and as such property owners are required to warn of any dangerous conditions that they know or should have known about on the premises.
Licensees are on the premises for their own benefit, such as a social guest to a person’s home. Property owners have a duty to warn licensees of known hazardous conditions that may cause injury or repair any dangers that may cause an injury. Trespassers are owed the least duty of care who enter a premises without consent. Property owners must only prevent injuries to trespassers that are caused by gross negligence or willful acts like setting a spring gun as a trap. An experienced premises liability attorney will be able to review the facts of your case to determine what duty of care you were owed when the accident occurred.
Compensation for Premises Liability Accidents
After proving that a property owner failed in their duty of care, an accident victim in a premises liability case is entitled to both economic and noneconomic damages for their injuries. Economic damages cover medical expenses, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages cover all pain and suffering, emotional distress, loss of enjoyment of life, and any disability that comes from the injuries.
It is important to note, however, that Texas uses a modified comparative fault rule for all personal injury claims, including those that fall under premises liability law. This means that the court determines the degree of fault for every party involved and reduces the overall award for compensation by that percentage. However, if a party is found more than fifty percent at fault, they are not allowed to collect any compensation for their injuries. For example, if an accident victim has $100,000 in damages and is found 25 percent at fault, the total award is reduced to $75,000. In the same example, if the victim is found 51 percent at fault, the modified rule would reduce their compensation to $0.
Talk to Our Office
To learn more about how The West Law Office in Richmond can help with your premises liability case, call or contact our office today.