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El Paso Personal Injury Lawyers
El Paso Premises Liability Lawyers With a Track Record of Success
Through a special area of Texas personal injury law known as “premises liability,” a person or company who controls a property may be able to recover compensation for your injuries and losses if you suffer an injury on that property. People who own or occupy property owe visitors a duty based on this set of laws.
You can learn more about your case with a free consultation from a El Paso premises liability attorney at Wayne Wright. Injuries sustained on another’s property are compensated by Wayne Wright’s premises liability law firm. A slip and fall accident, inadequate security, and an accident at a swimming pool are some of the examples. Defending your rights is what we do best.
Contact our premises liability law firm in El Paso at (915) 223-5047 today for more information. Your case will be handled by friendly, knowledgeable attorneys and staff, and our legal strategy will be tailored to meet your needs and goals based on what is important to you.
“My claim wasn’t huge but they treated me like it was. Walked me through it all, kept me informed, checked in on my medical visits and all during COVID lockdown. Highly recommend this team. My attorney Mitch and his team were the absolute best.”
– Cari Delgado | Google Review
What is a Premises Liability Claim?
As a premises liability law firm in El Paso, Wayne Wright represents clients who have suffered injuries while on the property of another individual or business. If the claim has a viable chance of recovering compensation, then an experienced lawyer can evaluate the claim and the potential defendant. It is common in the legal community to refer to these types of claims as “premises liability” claims. “Trip and fall” injuries and “slip and fall” injuries are two types. Occasionally, property defects or dangerous conditions result in injuries to victims.
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An injured person must prove certain elements regardless of the type of claim against a property owner, according to the Texas Supreme Court. These include:
- Some condition on the property was known or perceived by the owner/operator;
- Unreasonable risks or dangers were associated with the condition;
- A reasonable amount of care wasn’t taken by the owner/operator to reduce or prevent the risk of harm;
- An injured person’s injuries proximately resulted from the owner/operator’s negligence.
- An injured person’s presence on the premises heavily influences whether negligence can be proven against the owner and whether the owner will be held liable for injuries. A trespasser, licensee, or invitee are three categories recognized by Texas law.
Invitee–People who are on the property at the owner’s express or implied invitation are considered invitees. People who enter the property as a member of the public are able to use the premises for purposes for which the premises are open to the public, or for purposes connected to the property owner’s business, which may be mutually beneficial for both parties. People who shop in stores, gas stations, convenient stores, shopping malls, etc., are the most common examples of invitees.
It is the duty of the property owner to exercise ordinary care when keeping the premises in a reasonable state of safety for an invitee, or to warn the invitee of any dangerous condition that the property owner knew about or should have known about but was not reasonably apparent to him or her. An individual is entitled to this level of care from a property owner. Whether a property owner breached this duty can be determined by an El Paso premises liability lawyer.
Licensee–Licensees are those who are on a property with permission, but without having been invited by the property owner. In the case of a licensee, the property owner permits the individual to enter the property without depending on the owner’s business interest to induce or entice the individual.
Property owners or occupiers owe only the duty not to injure licensees recklessly, intentionally, or grossly negligently. Unlike an invitee, this is a much heavier burden to bear. A premises liability owner must conduct a thorough investigation of the claim in order to determine if this burden of proof is met, and if an invitee was in fact injured.
Trespasser–In other words, this is someone who is on another’s property without their consent or permission, or with no right to be there.
Upon becoming a trespasser on private property, a property owner has the legal duty not to intentionally or willfully injure the trespasser. Adult trespassers and children are treated differently under Texas law. In some situations (such as rock quarries or other places or things where children commonly play) landowners may be held liable for harm caused to trespassing children.
The best course of action in such a case can be determined by a lawyer knowledgeable in Texas premises liability laws, like Wayne Wright. You can contact our law office if you have been injured by a negligent property owner and would like an attorney to represent you or a loved one.
The Most Common Premises Liability Accidents
Walking is a great way to enjoy El Paso’s downtown. However, a property hazard has unfortunately been the cause of many pedestrian accidents. When a property contains a dangerous defect, your life can change within minutes. You are not alone if the worst happens and you suffer an injury. There have been similar harms experienced by others in El Paso, and they have received substantial compensation awards. The most common premises liability accidents can occur in three different ways:
- Slips and falls. Approximately eight million people visit the ER every year as a result of falls, according to the National Floor Safety Institute. In addition to wet floors, uneven sidewalks, loose carpets, exposed cords, and debris in aisles, there are many other things that can lead to slips and falls.
- Swimming pool accidents. hundreds of lives. infants and toddlers. Residential pools are one of the most common places where these accidents occur. In order to ensure pool safety, owners should always use gates, fencing, or covers to surround their pools.
- Dog bites. Texas considers dogs to be property. If you own a dog, you are responsible for preventing that dog from biting or attacking other people. A dog owner who fails to prevent a dog bite despite knowing the dog is vicious may be liable for damages.
The premises liability attorneys at Wayne Wright have helped countless clients obtain compensation for these claims over the years. We have handled a wide range of premises liability cases, and as your advocate, we know what it takes to bring justice and fair compensation to you.
Let Us Get to Work On Your Behalf
A property owner or operator may be liable for significant compensation if they have been negligent or careless in their actions. As a El Paso premises liability law firm, Wayne Wright has a wealth of experience in assisting clients in obtaining compensation for these types of cases. In cases where the property owner has displayed gross negligence or has intentionally committed a wrong, we will also seek punitive damages. Call (915) 223-5047 to connect with our El Paso premises liability lawyers for a free case review.