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Odessa Premises Liability Lawyer

Odessa Premises Liability Lawyer

When you are dining at a restaurant or relaxing at a hotel, you never expect to be injured on these properties. All property owners are responsible for maintaining their premises to keep visitors safe from any potential hazards.

If they fail to do so, then it can lead to serious injury and even death in some cases. When you suffer an injury on someone else’s property, they can be liable for damages.

An Odessa premises liability lawyer at Barrera Law Group LLC can help you take these next steps in your case. We’ll assist you in determining who the negligent parties were and help you resolve compensation for your claim.

What Is Premises Liability?

In the state of Texas, all property owners, building occupiers, and management teams are required to exercise a duty of care to anyone who enters the property. That means that they must keep the property in a reasonably safe condition. However, that level of care will vary whether the visitors are classified as invitees, licensees, or trespassers.

Invitees have permission to be on the property. For example, they might be customers of a store or tenants in an apartment building.

In these cases, property owners owe them the highest duty of care. With that, they need to take reasonable measures to make sure the property is safe, and if there are any dangers, then adequate warning must be given.

Licensees are a little different. These individuals have permission to enter the property but for their own purposes. This class includes social visitors, such as friends, family members, or other social guests. Property owners need to warn guests of dangers, but they are not required to inspect the premises regularly.

For example, a property owner does have to warn a licensee of a wet floor or damage to a sidewalk.

Trespassers enter the property without permission. Property owners owe a lesser duty to trespassers than invitees and licensees. However, they still cannot intentionally harm them.

For instance, these owners must not engage in any activity that could harm the trespassers, such as setting traps or deliberately causing injury. Additionally, if the owner is aware of frequent trespassing on their property, they may be required to take reasonable measures to prevent it, such as putting up a fence or warning signs.

Common Types of Premises Liability Cases

If an accident occurred on someone else’s property, it could be a premises liability case. Some of the most common types include:

  • Slip and fall accidents are common in public and private spaces. Hazards such as wet floors, uneven surfaces, and debris contribute to these incidents. Property owners must address these risks to prevent accidents and injuries from happening on their premises. Failure to do so can result in liability for any resulting damages.
  • Inadequate security is another scenario that can lead to liability. If the owners fail to provide proper lighting, surveillance cameras, and controlled access, they may be liable for any harm caused by criminal acts on their property. They must take reasonable steps to ensure the safety of visitors and tenants by implementing appropriate security measures.
  • Swimming pool accidents pose a risk to visitors, especially children. All owners have a duty to keep their pools in a safe condition. They also take steps to provide additional safety measures, such as lifeguards, pool covers, and proper signage to warn visitors of potential risks. Failure to fulfill these responsibilities can hold them accountable for any injuries.
  • Dog bites are another serious issue. In these cases, the property owner, most likely the dog owner, can be held responsible for the attack. These owners must prevent their pets from attacking others. With premises liability in mind, they need to secure the dog by using a leash or keeping the dog in a fenced area. If an attack occurs due to the owner’s negligence, the owner may be held liable for the victim’s injuries.

All these property owners have a legal responsibility to take reasonable steps to prevent accidents and injuries from occurring on their premises. When they fail to do so, that can leave them open to a premises liability lawsuit.

If you have experienced any of the above incidents or have been injured in another way on someone’s property, contact an Odessa premises liability lawyer from Barrera Law Group LLC today.

Premises Liability Injuries

Premises liability injuries can vary in severity, from minor incidents to catastrophic accidents. Some of the most common injuries include:

  • Broken bones and fractures
  • Back, shoulder, and neck injuries
  • Head injuries, including traumatic brain injuries
  • Cuts, lacerations, and abrasions
  • Soft tissues damage
  • Internal organ damages
  • Spinal cord injuries
  • Burns
  • Disfigurement and scarring
  • Loss of limbs
  • Death

Any of these injuries can lead to substantial medical bills, lost wages, and pain and suffering. With help from an Odessa premise liability lawyer, you can start the process of recovering some of these damages.

Holding Negligent Parties Accountable

Premises liability cases can involve various parties owning or occupying different properties.

These parties may include:

  • Private homeowners who own residential properties
  • Business owners who run commercial establishments
  • Vacation rental property owners who rent out their vacation homes, apartment, or condo
  • Housing development owners who are responsible for common areas
  • Government entities that maintain public spaces like parks, sidewalks, and post offices

Each of these parties must take reasonable steps to prevent accidents and injuries. If they are negligent or fail to fulfill these obligations, they may be held liable for any damages or injuries on their property.

For that reason, you need a skilled attorney to identify all potentially liable parties in a premises liability case. With that, you can make sure you get fair compensation for your injuries, damages, and other losses, such as:

  • Medical expenses
  • Lost wages
  • Emotional trauma
  • Pain and suffering

Why You Need an Attorney for a Premises Liability Case

All of these cases center around the legal principle of negligence. In any personal injury case, your legal team must meet four elements of negligence.

First, you need to establish that the property owner owed you a duty of care when you visited the property. For example, a store owner must make sure that aisles are clear of hazards to prevent slip and fall accidents.

Next, you need to prove that a breach of duty occurred. If the owner knew or should have known about a dangerous condition, such as a broken step or icy walkway, and did not address it, they may be liable.

Causation is the next essential element to consider. Your injuries must be directly linked to the breach of duty. In other words, the injury would not have occurred “but for” the property owner’s negligence.

Finally, to pursue compensation, you must have suffered actual damages. These damages include medical expenses, pain and suffering, lost wages, and emotional distress.

An experienced Odessa premises liability lawyer can assist you in several ways. First, they will collect evidence to demonstrate the property owner’s negligence. These professionals will also determine the cause of your injury and identify liable parties.

After you have filed a claim, they will negotiate with insurance companies or opposing parties to seek fair compensation for your case. However, sometimes, the negotiations can fail to reach a successful conclusion. Your attorney will represent you in court during a trial in those scenarios.

If you are ready to take the next step with your personal injury claim, contact an Odessa premises liability lawyer from Barrera Law Group LLC. We have experience handling these types of cases and will work to help you recover damages from negligent parties.

Reach out to our office to schedule a consultation.

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