Understanding Premises Liability
Premises liability is a legal concept that holds property owners and occupiers accountable for injuries that occur on their property due to unsafe conditions. This can include a range of hazards, from slippery floors to inadequate security.
Your Rights as a Visitor
In both Texas and Tennessee, the law categorizes visitors into three groups: invitees, licensees, and trespassers. Your rights and the property owner’s duty of care vary depending on your classification.
Invitees
Invitees are individuals who enter the property for the mutual benefit of themselves and the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees, requiring them to regularly inspect the premises and address any hazards.
Licensees
Licensees are guests who enter the property for their own purposes, with the owner’s permission. Property owners must warn licensees of any known dangers but are not required to conduct regular inspections.
Trespassers
Trespassers enter the property without permission. Property owners owe the least duty of care to trespassers, generally only required to refrain from willful or wanton harm.
Common Premises Liability Claims
- Slip and Fall Accidents: These are the most common premises liability claims and can occur due to wet floors, uneven surfaces, or poor lighting.
- Negligent Security: Property owners may be liable for injuries resulting from inadequate security measures, such as failing to provide proper lighting or security personnel.
- Swimming Pool Accidents: Property owners must ensure their pools are safely maintained and secured to prevent accidents.
- Dog Bites: Property owners can be held liable for injuries caused by their pets on their property.
Proving Liability in Premises Liability Cases
To succeed in a premises liability claim, you must prove the following:
- Duty of Care: The property owner had a duty to maintain a safe environment.
- Breach of Duty: The property owner failed to meet their duty of care.
- Causation: The breach of duty directly caused your injury.
- Damages: You suffered damages as a result of the injury.
How Culpepper Law Group Can Help
At Culpepper Law Group, our experienced premises liability attorneys understand the complexities of these cases in Texas and Tennessee. We can help you:
- Investigate Your Claim: We will gather evidence to support your claim, including witness statements, surveillance footage, and maintenance records.
- Determine Liability: Our team will identify all parties responsible for your injuries and hold them accountable.
- Calculate Damages: We will assess the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to ensure you receive fair compensation.
- Negotiate with Insurance Companies: Our attorneys are skilled negotiators who will advocate for your best interests in dealings with insurance companies.
- Represent You in Court: If necessary, we are prepared to take your case to trial to fight for the justice you deserve.
Contact Us for a Free Consultation
If you or a loved one has been injured due to unsafe premises in Texas or Tennessee, contact Culpepper Law Group today. Our dedicated legal team is here to guide you through the legal process and help you secure the compensation you deserve.
