Proving Property Owner Negligence

Personal Injury Lawyers: Proving Property Owner Negligence

How to Show, or Prove, the Negligence of a Property Owner in Relation to a Premises Liability Case

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San Antonio is a very dynamic metropolis with numerous shopping centers and restaurants featuring some of the best food in the state. With all of these varying types of properties, the different types of injuries you may suffer are vast and the odds of you being injured are increased. If you suffer an injury due to the negligence of another person, the property owner may be responsible for your damages.

How Do We Prove The Property Owner Was Negligent?

There are various ways in which we can prove that the property owner was negligent. If you were a trespasser and injured on another person’s property we may be able to establish that the property owner intentionally concealed a defect that hurt you. If the property owner knew that you would not be able to discover the harm they should be found responsible for your resulting injuries.

If you were at a hotel would be considered an invitee and the property owner would be responsible for any negligence. There may be a very popular bar at the hotel and many patrons will frequently take drinks out of the bar and into the lobby area which has marble floors. If someone spills their drink, the floor would become incredibly slick and you could easily slip and fall.

It is the property owner’s responsibility to regularly inspect the premises for dangerous conditions and is required to remove them to protect you. Essentially, we can prove negligence in this situation by establishing that the water was spilled, the property owner failed to clean it up, and when you slipped on the wet floor you were classified as an invitee. Therefore, a large part of proving the property owner was negligent is proving that you were first owed a duty of care.

What Standard of Care Does the Property Owner Owe Me?

This question is incredibly complex. Simply put, the standard of care the property owes you is dependent upon your status as a visitor. You can be classified as a trespasser, licensee, or invitee. If you are a trespasser, you are wrongfully on the property and you are owed the least care.

While the property owner cannot intentionally cause you harm, they are not required to remove any known dangers which might hurt you. In Texas, property owners are simply required to warn any expected trespassers about dangers that are likely to harm the trespasser.

The duty owed to a licensee is very similar to that of a trespasser, but they are owed a slightly greater duty of care. Anytime you visit your friend’s house or venture on to your neighbor’s property to retrieve a personal item you are considered a licensee. Again, property owners are not required to repair any known dangers, they are simply expected to adequately warn the licensee about any hazards which they expect might harm the visitor.

Finally, invitees are owed the greatest standard of care. When you visit any type of grocery store, any restaurant, a shopping mall, or even your local office you are considered an invitee. Basically, you are an invitee anytime you are on a property solely for business purposes.

As an invitee, the property owner must do their best to remove any hazards on the property and are required to actively inspect the property for liabilities. If they fail to provide a safe premises it is likely that it was caused by the property owner’s negligence.

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Once our attorneys establish which status you were classified as at the time of your injury, we can then work to effectively prove that the property owner violated their duty of care and thus was negligent.

Proving property owner negligence and resulting liability can be incredibly challenging. Our attorneys have been proving negligence claims for over two decades. We are very experienced in proving your injury claim and helping you seek the money in which you deserve. For assistance in filing a claim against the property owner who you believe is responsible for your damages, call our law office.

Premises Liability for an Assault or Robbery

Personal Injury Lawyers: Premises Liability for an Assault or Robbery

Can Property Owners be Held Liable for Criminal Acts That Happen on Their Property Such as Assault, Battery or Robbery?

Many people are injured every day by people intentionally causing them harm. People are robbed, beaten, and had even worse crimes committed against them by awful people who only wish to cause suffering. With the knowledge that there are people like this in the world, certain property owners and possessors have an obligation to take preventative action in order to deter this kind of behavior. There are multiple locations and places that we visit on a daily basis that are prone to these types of sinister crimes. It is the shopkeeper, bar owner, and apartment manager’s responsibility to adequately ensure that you are safe when you’re on their property. If you are intentionally harmed while on the property, the owner or possessor may be responsible for your injuries and the experienced attorneys at our law office can help you receive compensation for your losses.

What Types of Properties are Prone to Criminal Attacks?

Some properties have a greater chance of experiencing crime. For instance, a church is not usually a breeding ground for criminal elements. Rarely do you hear about larceny at a church or an assault in a church parking lot? However, you frequently hear about innocent people being attacked at local bars and people being mugged at gas stations. You have a much greater chance of being harmed at these types of locations. Places like restaurants, bars, hotels, gas stations, apartment complexes, shopping malls, hospitals, and parks have a much greater risk of criminal activity and therefore the owners or possessors have a greater responsibility to ensure your safety.

The Possessor or Owner of a Property May Be Responsible for Your Injuries

Some properties are more prone to having crimes occur. Due to the area they are located or the types of patrons they attract, some properties are predisposed to crime and the odds of a crime being committed against another person while they are on the property are intensely amplified. If a person owns or possesses a property that they know is likely to have a crime occur, it is their duty to deter or prevent that crime in order to protect you. This might mean they are expected to hire more security, increase parking lot lighting, or install some sort of security system or gate.

Property owners in this situation act reasonably to adequately provide sufficient security and protection for you. If the owner or possessor fails to take these extra precautions, the odds of crimes like assault, robbery, rape, and murder occurring are dramatically increased. Their failure to act cautiously has increased your potential for injury and therefore, under the theory of premises liability, they may be held responsible for your damages.

Many Businesses are Responsible for Negligent Hiring

Often a property owner or possessor has failed to take extra precautions resulting in the hiring of a dangerous person who then intentionally harms you. Many jobs require a background check before they can hire you. However, many businesses choose not to utilize this method of discovery before hiring because it is costly and time-consuming. Businesses try to cut expenses everywhere they can and management often views this check as unnecessary and unlikely to produce anything substantial. So, in an effort to save money and time, companies will not run background checks when they hire people.

For example, many apartment complexes have multiple people working on the property. Most have numerous management staff and maintenance people who have almost unlimited access to every apartment in the complex. In some instances, apartment complexes will fail to run a background check and consequently do not discover that their employee has a history of violent crimes.

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If that violent criminal attacks you or your family while you are on the property, then the apartment complex may be liable for your injuries. They may be responsible under the theory of premises liability because they failed to take adequate precautions to ensure your safety and security.

Our law office has been helping victims like you for over 20 years. Our attorneys have a great deal of experience in handling all kinds of personal injury cases including injuries caused by intentional crimes like assault or robbery. If you are the victim of an assault or robbery you may be entitled to compensation from the property owner or possessor. To discuss your potential claim and your legal rights contact our law office.