Property owners are required to inspect their premises for any known hazards. Those who choose not to or don’t properly inspect their property could be considered liable for injuries. The circumstances of this liability depend on the type of property and what type of guest they have.
Property inspection is different by what type of estate it is. A landlord or homeowner is required to check for safety hazards such as faulty fire extinguishers or icy driveways. Businesses, on the other hand, must warn patrons of any known hazards such as wet floors.
All property owners are obligated to inspect their premises regularly for hazards. If you were injured on another’s property, contact an experienced personal injury attorney today.
Attorney for Negligent Inspection in Conroe, Texas
A property with hazardous conditions can lead to serious injuries. Property owners are required to regularly inspect their properties to maintain a safe environment. Any property owner who fails to inspect their property for potential dangers may be held liable.
Evans & Powell, PLLC is a group of passionate attorneys with a focus on personal injury. We have represented victims of negligent property owners throughout the greater Montgomery County and surrounding cities including Panorama, Conroe, Cut and Shoot and Houston.
Contact us now at (713) 622 - 2000 to schedule a free consultation surrounding your case today.
Overview of Negligent Inspection in Texas
- Potential Hazards on a Property
- Common Injuries
- Different Types of Guests
- Who’s Liable for a Negligent Inspection?
- Additional Resources
Potential Hazards on a Property
If an injury happens because of a property owner’s negligence, this is referred to as premise liability. Property owners must do regular inspections to avoid potential hazards. If a hazard exists, the property owner is required to notify any patrons or guests.
If a property owner doesn’t inspect their premises, they could be held legally responsible. Some hazards that could cause injury on a property include:
- Exposed wiring;
- Iced sidewalks
- Broken or cracked sidewalks;
- Wet floors;
- Poorly designed stairways;
- Malfunctioning escalators;
- Malfunctioning elevators;
- Falling equipment;
- Products falling form the top of shelves;
- Dog bites or animal attacks;
- Inadequate lighting;
- Poorly marked ramps, steps or slopes;
- Broken or malfunctioning equipment;
- Exposure to hazardous chemicals; and
- Collapsing decks.
Common Injuries from Negligent Property Inspection
If a property owner doesn’t inspect their premises, others could be put at risk. Inspections are necessary because they prevent any foreseeable injuries. It’s the duty of the property owner to ensure that inspections are done regularly and in a timely manner. Property owners are also required to make reasonable inspections for hazards that may not necessarily be known. For example,
Listed below are some common injuries from failing to inspect a property include:
- Traumatic head injuries;
- Broken bones;
- Head injuries;
- Spine injuries;
- Slip and falls;
- Sexual assault;
- Dog bites or animal attacks;
- Broken or dislocated bones; and
- Exposure to toxic hazards.
Different Types of Guests in Premise Liability
Whether a property is liable or not depends on the type of guest. Personal injury classifies guests into three types: invitees, licensees and trespassers. Each of these guests are required a different duty of care. Some guests don’t require any duty of care, such as trespassers. The conditions of the claim are heavily influenced by which kind of guest is filing the claim.
- Invitees – People invited or welcomed to the premises are invitees. These people are usually patrons for a business or wish to conduct business with the property owner. Invitees must be treated with the highest duty of care.
- Licensees – People who enter the property for a non-business purpose are licensees. A licensee can be a friend, family member or other social guest of the landowner. A person who is a licensee has a moderate duty of care. If a licensee wishes to pursue a claim, they must prove that they were unaware of any hazards on the property.
- Trespassers – Intruders or enter the premise without the property owner’s consent are called trespassers. A trespasser is treated with no duty of care and would have an incredibly difficult time filing a claim.
Who’s Liable for Negligent Inspection?
You must prove that a property owner was negligent to get a settlement. If a property owner failed to inspect their premises and it resulted in your injury, this would be considered grounds for negligence. The elements you must prove to win a negligent inspection case include:
- The defendant had a duty of care to inspect the property regularly;
- The defendant breached this duty of care;
- You sustained an injury because of this breach; and
- You suffered hardship because of it.
If you’re successful, then you may get a settlement for your damages. Damages are any losses you experienced because of you were injured. The purpose of the settlement is to make you “whole” again after the injury. The following are some possible damages in a premise liability case:
- Medical bills;
- Lost wages;
- Reduced earning capacity;
- Rehabilitation costs;
- Loss of enjoyment of life;
- Loss of consortium; and
- Pain and suffering.
Texas Premise Liability Laws – Visit the official website for the Texas Civil Practice and Remedies Code and find more information about liability tort law. Learn more about how property owners are liable, limitations on monetary damages and the statute of limitations for civil practices.
Texas Rules of Civil Procedure – Visit the Texas Rules of Civil Procedure, a document provided by the Texas Judicial Courts. Find more information on how civil courts work, how motions are filed, how a plaintiff petition is filed and how a defendant can plead.
Lawyer for Negligent Inspection in Conroe, Texas
If you or someone you know has been injured because of property owner’s negligence, it’s important that you contact an experienced attorney. There’s no reason that you remain in pain because another person failed to inspect or maintain their property. Contact the skilled attorneys at Evans & Powell, PLLC for quality legal representation.
Do what is best for you by pursuing a settlement you deserve. Evans & Powell, PLLC accepts clients throughout the greater Conroe area including Houston, Cut and Shoot, Porter Heights and Woodbranch. Call us now at (713) 622 - 2000 or submit an online contact form for a free consultation today.
This article was last updated on February 13th, 2019.