Premises Liability Accidents in Wichita Falls
Our experienced attorneys will fight for you
“Premises liability” cases come in many varieties — slip and falls, assaults due to negligent security, dog bites, and more. When you are injured by the negligence of a property owner or manager, you have legal recourse.
Hoover Rogers Law, LLP helps injured accident victims in the Wichita Falls area pursue maximum compensation to cover costs like medical expenses, lost wages, and damaged property, among other things.
What does a premises liability case look like?
Broadly speaking, any incident caused by unsafe conditions on someone else’s premises can lead to a premises liability case. Examples of premises liability cases include things like:
- Tripping on a rolled-up rug
- Breaking an ankle on a slippery stairway
- An object falls on you
In all these cases, and more, you may be owed significant compensation. Injury victims are often entitled to money for past, present, and future accident-related medical expenses as well as disability equipment, lost wages, and diminished earning potential.
Understanding Texas premises liability law
In a premises liability claim, the reason you were on the premises in the first place affects your legal rights. Texas legally recognizes three types of visitors:
- Invitee — Someone who is on premises at the express or implied invitation of the property owner or operator for the benefit of the landowner for a business purpose. Property owners owe this person the highest duty of care to warn them of dangers and take reasonable measures to protect them from known risks as well as those they should know about. When you go to a store or place of business that is open to the public, you are most likely there as an invitee. Contractors, electricians, and others who are called to a property for work purposes are also invitees.
- Licensee — Someone who is on premises for social reasons or stopping by unannounced. Examples of “unannounced licensees” who may be allowed on your property are door-to-door salespeople and people door-knocking for political campaigns. To these people, a property owner owes only the duty to warn of known risks.
- Trespasser — Someone on the property without invitation, authority, or right. The only duty of care a property owner owes this person is not to hurt them intentionally or willfully unless their personal safety is threatened. However, different standards may apply if the trespasser is a child.
Artificial v. natural hazards
Texas is unique in some of its premises liability rules. For instance, the state makes a distinction between a property owner’s liability for natural and artificial risks.
In general, a property owner has a duty of care to warn and protect people from artificial installations that pose a risk of injury. However, if the dangerous structure is natural (like, say, a crumbling rock ridge), then the property owner is generally not liable for bodily harm to others.
The state also has a recreation use statute that reduces the amount of liability a landowner has for invitees who use their property for things like hiking, fishing, and rock climbing, for example.
Modified comparative fault in Texas
Sometimes, the injured person’s own negligence contributes to a premises incident. In these situations, Texas is a modified comparative fault state with a 51 percent bar rule. This means that if you contributed 50 percent or less to the accident’s cause, then you can file a claim, but your final recovery will be reduced by your percentage at fault.
For instance, if you were to slip and fall at a restaurant and were awarded $100,000, but were also found 20 percent at fault, then your award would be reduced to $80,000. If you were found 55 percent at fault, you would get nothing.
Comparative fault is just one reason why it’s so important to have an attorney fighting for your rights. The more blame the insurance company can put on you, the less you will recover. Fight back with a lawyer who knows the system.
Get your free consultation with a Wichita Falls attorney
Hoover Rogers Law, LLP stands up for injury and premises liability victims. We take care of the legal side of your accident and negotiate aggressively for maximum compensation. Our attorneys work on contingency, which means we only get paid if we win.
If you were injured due to a property owner’s negligence in Wichita Falls or any of the surrounding communities, call, email, or chat online with us now to schedule a free injury case evaluation. We are ready to hear from you today.