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.
