What is premises liability?

Misha Personal Injury

what-is-premises-liability-wormington-and-bollingerIf you have heard the term premises liability, you may be wondering what exactly that means. A premise liability lawsuit is one that involves a property owner and any responsibility that he or she may hold in the damage or injury caused to a person as a result of a hazard on said property owner’s land. It is under the law, that in all the states, a property owner is held responsible to make effort in maintaining a safe environment for incoming visitors who enter that premises. If the property owner fails to maintain a safe environment for said visitors, the result can be in premises liability. McKinney lawyers will tell you about a few common instances where liability lawsuits may arise, being the following:

  • Slip and fall accidents
  • Hazards on one’s property
  • Swimming pool injuries
  • Dog bites or other animal bites
  • Dangerous property
  • Negligent or inadequate security on the premises
  • Children being injured on the property
  • Retail store liability
  • Restaurant liability
  • Inadequate maintenance
  • Fires
  • Water, leaks, and flooding
  • Elevator or escalator accidents
  • Toxic fumes or chemical spillage
  • Snow and ice accidents

Many times, people have questions as to whether or not land or property that is under lease can count as premises liability. For example, if someone is leasing out an apartment and they have a guest over that is injured, the landlord will typically not be responsible for the injury even though he is the owner of the property. In this case, it is likely the responsibility of the tenant as he or she is technically under temporary ownership of said property. There are, however, exceptions, in which, if there are hazards or dangerous conditions on the property or land that were existing when the tenant took over the lease of said land or property. One other exception in these circumstances is when the landlord is responsible for a tenant’s repair request of any damaged or hazardous property or land characteristics.

There are differences in premises liability depending on whether or not the person injured was an invitee or trespasser. If the person is an invitee (someone who was invited onto the property), when they enter the property it is with indications and the implication that the conditions they will be in will be safe and they will go unharmed. If the person is a trespasser and enters one’s property without permission or invitation, in Texas the law is that the property owner must refrain from causing intentional harm to said trespasser wantonly, or via gross negligence.

There is a lot more that goes into the fine print of these types of cases, and if you are in the middle of it, you will have questions, and you will need answers. In a case involving premises liability, you will need a trusted, reliable, and knowledgeable lawyer on your side. If you are searching for a premises liability law firm in McKinney, here at Wormington and Bollinger, we can help. Contact us today, and let our team select the right attorney for you, ensuring the likelihood of the best outcome for your case.