At the Luke Dow Law Firm, we can evaluate the circumstances of your accident and determine if you may have a valid claim. If successful, you may be able to recover medical expenses and lost wages from the negligent property owner. Call us today at 512-518-4104 to schedule an appointment, and read on to learn about two key elements of a premises liability claim:
1. Proper Use Of PropertyAccording to Texas Statutes, a person who sustains injuries on someone else's property may have valid grounds for a claim against the owner. As with any legal situation, there are certain conditions that apply. For example, in order for the claim to be valid, the person who sustained the injury must have been using the property responsibly and in the correct manner.
If you injure yourself while using the property in an irresponsible or dangerous manner, your actions may absolve the property owner of any liability. Common examples of claims that may not be successful include sustaining injuries while jumping down stairs, skateboarding across property or swinging on handrails.
2. Safety Of The PropertyThe owner of a property has a legal responsibility to those who are using it. This is true regardless of the individual's purpose or reason for visiting the property. This owner responsibility applies to visitors, tenants and business owners.
According to the United States Department of Labor, this responsibility also extends to employees who use the property on a daily basis. If an employee sustains injuries while at work, he or she may have to file a workers' compensation case rather than a personal-injury case.
The owner has a responsibility to keep all aspects of the property safe. This includes the property design, its construction and its ongoing maintenance and upkeep. In the eyes of the law, the owner of the property has the ability to control its safety while the visitor does not, and the owner must make all reasonable efforts to ensure that safety.
If you sustained an injury on someone else's property, you may need to prove that he or she violated this rule and did not take reasonable efforts to make the property safe.
If you were in an accident on someone else's property, call Luke Dow Law Firm at 512-518-4104. An Austin personal-injury lawyer can determine if you may have valid grounds for a claim.