Business owners, and even homeowners, have a legal duty to protect their guests from dangerous conditions on their property. The extent of this duty varies depending on the injured person’s reason for entering the property. A trespasser is obviously given less protection under the law that an invited guest or customer. Everyone who enters the property of another for a legitimate purpose has the right to expect that they will be reasonably safe from dangerous conditions. However, some proprietors fail to uphold this duty and people get hurt. Injured parties in these cases must take swift action to establish their rights and gather evidence to prove that the property owner was negligent
A Pasadena slip and fall lawyer can help people pursue their claims. From determining whether the landowner had a duty to keep a plaintiff safe, to demonstrating how they failed in that duty and accurately valuating a plaintiff’s losses, a Pasadena injury lawyer could help every step of the way.
Determining a Visitor’s Rights when Entering Property
The law in Pasadena states that property owners must take appropriate steps to protect people who enter their property. However, the extent of this protection varies depending on whether the visitor had permission to enter the land or to remain on the property and their motivation for entering the property.
Any person who enters a property without the owner’s permission or who remains on a property after it has closed is a trespasser. A landowner’s duty to a trespasser is to avoid causing them injury willfully, wantonly, or through gross negligence.
Many people enter a property for their own benefit such as door to door salesmen. These people are licensees in the eyes of the law and property owners must warn the licensees of all known hazards.
Most premise liability or slip and fall injury cases involve people entering a property for the benefit of the property owner. Customers of a store are the most common example. These people are considered invitees of the property owner. Invitees are given the highest level of protection under the law. A business owner must protect invitees from any known dangerous conditions or dangerous conditions that could have been found with a reasonable inspection of the property. The property owner must remedy known dangerous conditions or warn their customers about them. A Pasadena slip and fall lawyer can help explain which type of rights a person may have if they were injured on somebody else’s private property.
Demanding Proper Compensation Following an Injury
Slips and falls often result in very serious injuries. An unexpected trip or temporary loss of footing can break bones, damage joints, or result in head injuries. In these cases, personal injury claims are brought against the property owner or their insurer to obtain monetary compensation for the injured person’s losses. Damages in these cases typically include medical bills, pain and suffering, and lost wages. In extreme cases, we may also seek lost future income due to disability or diminished earning capacity.
In slip and fall cases, it is common for the Defendant to blame the injured party. They often insist that the Plaintiff should have seen and avoided the dangerous condition that caused their fall. They also often claim that the dangerous condition was not known to them prior to the fall. In order to recover for the client, a Pasadena slip and fall lawyer must prove that the defendant was at least 50% responsible for their injured client’s injuries. Texas Civil Practice & Remedy Code §33.003 requires a Texas jury to evaluate the actions of all parties to accidents in order to apportion fault. If a jury believes that a victim of a slip and fall is more than 50% responsible for the fall, the injured party cannot recover. Further, even if the defendant is found to be at least 50% at fault, the court will reduce the injured person’s damages award to reflect their percentage of fault. Slip and fall cases and the apportionment of fault often turn on evidence collected very early on in a case. A Pasadena slip and fall lawyer should take immediate action to preserve any available evidence in order to ensure that they can present strong claims regarding liablity and apportionment of fault.
Hold Negligent Landowners Responsible for their Failures with an Attorney
Navigating a personal injury claim like this can be complex. A Pasadena slip and fall attorney can work to establish your right to recover and to determine the value of your damages. In cases of clear liability and significant damages, insurance companies may offer a quick settlement that is less than your case’s true value. They may also try to convince you to give them a recorded statement, which is actually a recorded interview designed to deflect blame and liability from them to you. So, it is essential to avoid talking with insurance adjusters without a dedicated attorney at your side. Contact Haines Law today to learn more about your rights.