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Is My Texas Landlord Liable for Injuries Sustained on His or Her Property?

In Texas, a property owner that is leasing their property, whether it is an apartment complex, a home, or a duplex, owes a duty of care to their tenants which requires them to make sure their property is reasonably safe. If they are found to be in breach of this duty of care, they may be held liable for injuries sustained on their property.

What Minimum Requirements Must a Landlord Meet?

Because there is a contractual relationship between a landlord and the lessee or tenant, the landlord must exercise ordinary care to keep the rental property safe. This may include ensuring required safety devices are in place prior to the tenant moving in, that safety devices are in working order, that the tenant is protected from any dangerous conditions the landlord knows about or should reasonably know about, and that the property has been inspected and the landlord has repaired or warned the tenant about any dangerous conditions.

Further, the owner of an apartment complex is responsible for providing safe premises beyond the confines of the space generally occupied by the tenant. Stairs, sidewalks, banisters, and swimming pools are all items which the complex owner must ensure meet regulatory codes and are adequately maintained.

What are Some Examples of Damages for which a Property Owner Can Be Held Liable?

There are a multitude of instances in which a landlord can be held liable for injuries. Some common examples include:

  • Injuries caused by a faulty condition which the landlord previously promised to fix but failed to repair in timely manner.
  • Injuries caused by a faulty condition which the landlord or an employee of the landlord repaired in a careless or negligent manner.
  • An injury caused by a hazardous condition that was known by the landlord but not known or apparent to the tenant at the time the lease was made.
  • Injuries caused by poorly maintained banisters or railings.
  • Injuries caused by hazards that would otherwise violate building codes.
  • Injuries caused by the landlords general neglect of safety law.
  • Injuries and illnesses caused by poor ventilation, hazardous building materials, or mold.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and you believe the injuries were the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

  1. Seek medical attention for your injuries
    • You should seek medical attention for your injuries before taking any other action.
  2. Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  3. Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  4. Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  5. Call an experienced injury attorney

Thomas J. Henry Are Leaders in the Field of Premises Liability Lawsuits

Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

I Was Injured on Someone Else’s Property. What Should I Do?

If you have been injured on a private person’s property or a business property, it is essential that you contact an attorney immediately. Premises liability lawsuit are often much more complicated than they first seem due to the way law treats various types of property owners and visitors. Having an experienced attorney can help ensure your lawsuit is properly investigated, putting you on the right track for fair compensation.

How Does Personal Injury Law Define Property Owners and Visitors?

In almost every situation, a property owner owes some kind of general duty of care toward visitors on his or her property. However, how far this duty of care extends and how much a property owner must do to ensure the visitor’s safety is dependent on the relationship between the property owner and the visitor.

Typically, personal injury law will define an injured visitor as one of the following:

  • Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
  • Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
  • Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

After determining which category an injured falls into, a court will analyze what duty of care is owed by the property owner.  Generally, the duty of care will be as follows:

  • Duty of Care Owed to Licensees: The property owner is usually only liable for willful or wanton injury to a licensee. This means the property owner must exercise enough care to prevent injury to a visitor who is known to be or could reasonably be expected to be within the range of a dangerous act or condition (i.e. warn the licensee of a known hazard). However, the property owner is not required to inspect the premises or to immediately fix dangerous conditions.
  • Duty of Care Owed to Invitees: The property owner must exercise ordinary care to keep the premises safe. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about. The property owner must also inspect the property and must either fix or warn invitees about any dangerous conditions. An example of this is the “Caution: Wet Floor” signs that is commonly used in retail and grocery stores.
  • Duty of Care Owed to Trespassers: Because there is now true relationship between a trespasser or property owner, the law is much more lenient when it comes to the duty of care owed by the property owner. The property owner is not required to fix any dangerous conditions nor must the property owner warn trespassers about potential hazards. However, a property owner can be held liable for creating dangerous conditions on his property or making dangers conditions worse in order to catch trespassers.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

  1. Seek medical attention for your injuries
    • Ensure that you or loved ones’ well being is taken care of before taking any other actions
  2. Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  3. Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  4. Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  5. Call an experienced injury attorney

Should I File an Incident Report After Falling at a Texas Business?


If you have fallen at a Texas business, chances are an employee of that business will ask you to sign an incident report. If you have sustained an injury, it is typically best to refrain from signing any paperwork until you have retained an attorney.

What Is an Incident Report?

An incident report, also called an accident report, is a report formally recording the facts related to an accident or injury. While you do want to make sure that your incident is reported to management, you may not want to sign any paperwork you are presented with.

A few things to consider when an incident report is presented to you are:

  • Is the report in your writing or is it someone else’s account of how the accident happened?
  • Does the report accurately detail your accident and injuries?
  • Is the manager being pushy or trying to intimidate you into signing the report?
  • Could the business be trying to limit their liability for you accident and injuries?
  • Are you aware of the full extent of your injuries?

Remember, the manager’s primary concern is the financial well-being of his employer, not the physical well-being of you the customer. They have been trained to get information that can help protect the store; therefore, it is vital that you protect yourself.

What Should I Do If I’ve Been Involved in an Accident at a Texas Business?

If you have been injured in an accident at a Texas business, Taking the following steps can help build your premises liability claim.

  1. Seek medical attention. If you or a loved one sustained injuries due to a slip and fall accident, the most important thing to do is to get treatment. This takes precedence over all other items.
  2. Report the incident. Report the incident as soon as possible. Reports can be made to a manager or a property owner. Restrict your report to your name, contact information, and address. Do not provide an official statement.
  3. Take pictures. Take pictures of where the accident happened. Evidence can be removed, so the sooner this is done, the better.
  4. Get contact information for any witnesses. If anyone witnessed the accident, get their names and phone numbers. Their insight may help prove your claim.
  5. Call an experienced injury attorney. Thomas J. Henry has the experience and resources necessary to retrieve the compensation you deserve for your injuries

When Can I Sue a Business or Store Owner?

If you are visiting a business as a customer, then you are considered and invitee and the property owner owes you a duty of care. Part of this duty of care is that the owner must exercise ordinary care to keep the premises safe for invitees. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about as well as inspecting the property and either fixing or warning invitees about any dangerous conditions.

For example, in a situation in which liquid was spilled, the store would either have to clean up the spill in a timely manner or provide notification, such as a “Caution: Wet Floor” sign, to invitees provided the spill was known about or should have reasonably been known about.

If you feel that your injury was the result of a business owner’s failure to fulfill a reasonable duty of care, then you may be entitled to compensation.

What Are Common Causes of Premises Liability Accidents?

Among the leading causes of premises liability accidents that occur at business are:

  • Slip and fall
  • Elevator and escalator injuries
  • Shelve collapses
  • Stair collapses
  • Fires

When suing for a premises liability accident, the hazard must not have been open and obvious to the shopper. That is, the shopper, like all individuals, stall has a duty to keep a look out for where they are walking.

Contact an Experienced Premises Liability Attorney

Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

 

What is Negligent Security?

Property owners are responsible for maintaining a reasonably safe environment for people invited onto their premises. Negligent or inadequate security claims involve situations where a property owner’s failure to provide sufficient security on their grounds results in a foreseeable criminal act, such as a robbery, rape, assault, or battery. Criminal activity may be considered foreseeable if similar crimes have previously occurred on the premises or in the area.

Negligent security cases can occur in a variety of settings, both residential and commercial:

  • Apartment building or complex
  • ATMs
  • Bars, nightclubs, or lounges
  • College dorm
  • Convenience store
  • Hotel or motel
  • Movie theaters
  • Office buildings
  • Parking garage
  • Parking lot
  • Parks and recreational areas
  • Retail store
  • Schools
  • Shopping mall

Every negligent security case is different, and the definition of adequate security will differ depending on the premises and foreseeable crime. Examples of adequate security include security officers, adequate lighting, functioning locks or key-in entry, and security cameras or alarms.

The responsible party in a negligent security lawsuit can be the property owner, security contractors, security personnel, property lessees, business owners, or landlords.

How is Negligent Security Proven?

Negligent security actions can be incredibly complex cases, making them difficult to prove. When hiring a lawyer to represent you in a negligent security case, be sure that they have experience handling and winning these cases and are willing to prepare and take the case to trial. There are many elements that your legal team will have to prove, including:

  • The property owner or manager had a duty of care
  • The plaintiff was on the property legally (not trespassing)
  • Criminal activity on the premises or in the area was foreseeable
  • The property owner did not provide sufficient security on the premises
  • The plaintiff was injured or killed due to the lack of sufficient security
  • The plaintiff suffered damages, monetarily or physically, as a result of the criminal act on the premises

Injuries caused by a third-party on an unsafe premises can be catastrophic in nature. Brain injuries, spinal cord injuries, and even death can be the result of a violent crime. A negligent security claim can help you recover damages, such as extensive medical costs or future and past lost wages.

These cases oftentimes require experts to help prove that negligent security occurred. Expert witnesses can shed light on background crime data of the area, the foreseeability of dangerous crime on the premises, and whether there was any security or sufficient security present to protect from criminal activity.

Every negligent security case has unique situations and circumstances. It is important that you retain an attorney with the experience handling these types of cases and the legal and financial resources necessary to properly develop a case before trial. Thomas J. Henry has handled complex inadequate security cases and achieved real results for our clients.

Victim of Negligent or Inadequate Security?

If you or a loved one were the victim of an assault, rape, or other violent crime due to insufficient security on a commercial or residential premises, contact Thomas J. Henry immediately. Our firm has represented victims of inadequate security and achieved multi-million dollar verdicts to compensate them for the damages they incurred. Thomas J. Henry has the trial experience and legal and financial resources that are needed to win these complex cases. Call our law offices today to set up a free legal consultation with an experienced injury attorney.

How Can a Business Owner Provide a Reasonably Safe Environment?

In Texas, business owners have a duty to use ordinary care when allowing customers onto their property. This means they must be reasonably prudent ensuring that their business is safe from potential hazards and must remedy or warn customers of any known hazards in a timely manner.

What Is Duty of Care and How Does it Apply to a Business?

Duty of care is a legal requirement that an individual adhere to a standard or reasonable care when performing any acts that could foreseeable harm others. This is normally understood as practicing the same watchfulness, attention, caution, and prudence that a reasonable person would practice in similar circumstances.

Based on that understanding, business owners have a duty of care to those who come onto their property; however, the length at which a property owner must go to protect visitors is highly dependent on the status of that visitor. When visiting a business, an individual will generally fall into one of two categories:

  1. Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money.
  2. Trespasser: A trespasser is a visitor who comes onto a business property without permission of the business owner.

Once it is determined whether an individual was an invitee of the business or a trespasser, an attorney will then evaluate what duty of care was owed to the visitor.

What Duty of Care Does a Business Owner Owe a Shopper?

If it is determined that the plaintiff was an invitee of the business owner, then the business owner has a legal duty to exercise ordinary care to keep their premises safe for that invitee. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonable know about as well as regularly inspecting the property in order to fix or warn invitees about any dangerous conditions.

Situations involving invitees in which a business owner may have failed to provide a duty of ordinary care and may be liable for a visitor’s injuries include:

  • Injuries caused by a defective sliding door
  • Injuries caused by improperly assembled shelves
  • Injuries cause by improperly assembled and/or poorly maintained ceilings
  • A business owner failing to provide a safe parking lot for customers
  • Slip and fall injuries caused by a we floor

However, even if a visitor is determined to be a trespasser, a business owner can be held liable for injuries suffered by the trespasser if it is determined that the business owner created dangerous conditions on his property or attempted to make known dangerous conditions worse in order to catch or punish trespassers.

What Should I Do if I’m Injured at a Business?

If you or a loved one has been injured while visiting a business and believe your injury was the result of the business owner’s failure to provide reasonable protection, there are several things you can do to strengthen your claim for compensation.

  • Seek medical attention for your injuries
    • Ensure that you or loved ones’ well being is taken care of before taking any other actions
  • Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  • Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  • Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  • Call an experienced injury attorney

Contact an Experienced Premises Liability Attorney

Because of careless busienss owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

Can I Sue a Texas Store for Slip and Fall Injuries Caused by Spilled Liquid?

In Texas, you are allowed to seek recovery from a store following a slip and fall injury – this includes injuries caused by spilled liquids. However, in order to prove the case, you will need to demonstrate that the store owner knew about or should have reasonably known about the spill and failed to either remove the spill or warn visitors of the hazard.

What Duty of Care Does a Store Owe a Shopper?

The duty of care a property owner owes to a visitor is determined by the property owner’s relationship to that visitor. In claims dealing with a shopper and a store, the shopper is generally considered an invitee, meaning he or she was visiting the property for a reason that benefits both the visitor and the property owner.

In this situation, the shop owner must exercise ordinary care to keep the premises safe for invitees. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about as well as inspecting the property and either fixing or warning invitees about any dangerous conditions.

In the situation of a liquid spill, the store would either have to clean up the spill in a timely manner or provide notification, such as a “Caution: Wet Floor” sign, to invitees provided the spill was known about or should have reasonably been known about.

It is important to note that in order for a slip and fall case be successful the condition must not be open and obvious to an invitee. That is, invitees, like all individuals, still have a duty to keep a look out for where they are walking.

What Should I Do Following a Slip and Fall Accident?

If you have been injured in a slip and fall accident, you may be entitled to compensation. Following these steps may help build your premises liability claim:

  1. Seek medical attention. If you or a loved one sustained injuries due to a slip and fall accident, the most important thing to do is to get treatment. This takes precedence over all other items.
  2. Report the incident. Report the incident as soon as possible. Reports can be made to a manager or a property owner. You should keep a copy of the report for your records.
  3. Take pictures. Take pictures of where the accident happened. Evidence can be removed, so the sooner this is done, the better.
  4. Get contact information for any witnesses. If anyone witnessed the accident, get their names and phone numbers. Their insight may help prove your claim.
  5. Call an experienced injury attorney. Thomas J. Henry has the experience and resources necessary to retrieve the compensation you deserve for your injuries

 

Do I Have a Claim in Texas if Unsafe Conditions on Someone’s Property Caused My Injury?

If unsafe conditions on someone else’s property caused you injury or harm, you may be able to file a premises liability lawsuit. A premises liability lawsuit is filed with the intent of holding a property owner responsible for injuries and damages caused by the property owner’s failure to maintain his property or failure to warn visitors of potential hazards.

Who Can File a Premises Liability Lawsuit?

In most situations, a property owner owes a general duty of care toward those injured on his property. How far this duty of care extends is dependent on the relationship between the property owner and the injured person.

In most premises liability cases, plaintiffs will fall into one of three categories:

  • Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
  • Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
  • Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

What Duty of Care Does a Property Owner Owe a Visitor?

After determining which category an injured falls into, a court will analyze what duty of care is owed by the property owner.  Generally, the duty of care will be as follows:

  • Duty of Care Owed to Licensees: The property owner is usually only liable for willful or wanton injury to a licensee. This means the property owner must exercise enough care to prevent injury to a visitor who is known to be or could reasonably be expected to be within the range of a dangerous act or condition (i.e. warn the licensee of a known hazard). However, the property owner is not required to inspect the premises or to immediately fix dangerous conditions.
  • Duty of Care Owed to Invitees: The property owner must exercise ordinary care to keep the premises safe. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about. The property owner must also inspect the property and must either fix or warn invitees about any dangerous conditions. An example of this is the “Caution: Wet Floor” signs that is commonly used in retail and grocery stores.
  • Duty of Care Owed to Trespassers: Because there is now true relationship between a trespasser or property owner, the law is much more lenient when it comes to the duty of care owed by the property owner. The property owner is not required to fix any dangerous conditions nor must the property owner warn trespassers about potential hazards. However, a property owner can be held liable for creating dangerous conditions on his property or making dangers conditions worse in order to catch trespassers.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build our product liability case.

  1. Seek medical attention for your injuries
    • Ensure that you or loved ones’ well being is taken care of before taking any other actions
  2. Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  3. Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  4. Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  5. Call an experienced injury attorney

Contact an Experienced Premises Liability Attorney

Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

How Can a Building Code Violation Help Win a Slip and Fall Case?

In Texas, slip and fall cases fall under the wider label of premises liability litigation. In such cases, a building owner’s failure to abide by federal and state building codes can help prove responsibility and liability for your injuries.

What is a Premises Liability Case?

Premises liability covers a range of legal actions filed with the intent of holding a property owner responsible for injuries, wrongful death, and damages caused by the property owner’s failure to follow building codes, maintain his property, or warn visitors of potential hazards.

Among the most common types of premises liability cases are slip and fall cases, swimming pool injury cases, and railing failure cases.

Generally, property owners owe a duty of care to licensees, invitees, and even trespassers; however, the extent of the duty owed is heavily dependent on which of these three categories the plaintiff falls under.

Why Are Building Codes Important?

State and federal building codes are essential in designing, constructing, and maintaining safe buildings and facilities, and it is a building owner’s duty to ensure that their property remains compliant at all times.

When a building owner fails to abide by these minimum standards, they create an unsafe environment for occupants and visitors.

Among the items regulated by building codes are:

  • Building materials
  • Building components
  • Building design
  • Practice to ensure durability and safety
  • Mechanical systems
  • Electrical systems
  • Plumbing systems
  • Smoke detectors and fire sprinklers
  • ADA compliance
  • Emergency escapes
  • Elevators
  • Building accessibility

How Can A Code Violation Help Prove My Case?

Because building codes make such a significant impact on preventing potential hazards, demonstrating that a building owner has failed to follow the minimum standards established by federal and state regulators can help establish that the building owner has breached their duty of care owed to occupants and visitors.

Building code violations are often deemed negligence per se, meaning that the violation is considered negligent because it violates a statute. In many jurisdictions, negligence per se can create a presumption of negligence that can work to the plaintiff’s benefit.

If the injury of the plaintiff can then be traced back to that violation, it is much easier to connect that injury to the building owner along with liability for any resulting damages.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build our product liability case.

  1. Seek medical attention for your injuries
    • Ensure that you or loved ones’ well being is taken care of before taking any other actions
  2. Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  3. Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  4. Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  5. Call an experienced injury attorney

 

Ohio State Fair Accident Kills One, Hurts Several Others

This Wednesday, an accident involving a ride called the Fire Ball at the Ohio State Fair killed one man and injured seven other people.

About the Fatal Thrill Ride Accident

NBC News states that a trooper placed a call around 7:24 pm on Wednesday to report the horrific accident that occurred at the Ohio State Fair.

The ride that malfunctioned and caused the accident is called the Fire Ball, which swings from side to side like a pendulum.

The accident was captured on camera and was posted to YouTube. The video shows the pendulum swinging to one side while the seats start breaking off, and then shows people being flung into the air and dropping down onto the ground.

The man killed from the accident was 18-year-old Tyler Jarrell of Columbus, Ohio. The people who were injured in this accident were Tamika Dunlap, 36; Russell Franks, 42; Keziah Lewis, 19; Jacob Andrews, 22, Jennifer Lambert, 18; and Abdihakim Hussein, 19.

It was reported that the ride had been inspected multiple times a few days prior to the accident, and it had received regular inspections once the fair opened.

Ohio Governor John Kasich has ordered an investigation of the accident and has had all of the rides at the state fair closed while more safety inspections are completed.

Amusement Ride Accident Statistics

  • According to the U.S. Consumer Product Safety Commission (CPSC), amusement park attractions resulted in 30,900 injuries requiring hospital emergency department attention in 2016 alone.
  • Since 2010, there have been 22 fatalities attributed to thrill ride accidents.
  • Most amusement ride injuries involved children 10-14 years old (17.9%), with children 5-9 (12.6%) and 15-19 years old (13.8%) next, but with many victims 0-4 years old (6.3%).
  • Females (60.8%) were injured about 1.5 times more often than males (39.2%), and this difference held across ride sites, age groups, injured body parts, and diagnoses.

What is Premises Liability?

A premises liability lawsuit is filed with the intent of holding a property owner responsible for injuries and damages caused by the property owner’s failure to maintain his property or failure to warn visitors of potential hazards. Common examples of premises liability accidents include inadequate security, slip and fall cases, and swimming pool injuries.

Who Can File a Premises Liability Lawsuit?

In most situations, a property owner owes a general duty of care toward those injured on his property. How far this duty of care extends is dependent on the relationship between the property owner and the injured person.

In most premises liability cases, plaintiffs will fall into one of three categories:

  • Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
  • Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
  • Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

What Duty of Care Does a Property Owner Owe a Visitor?

After determining which category an injured falls into, a court will analyze what duty of care is owed by the property owner.  Generally, the duty of care will be as follows:

  • Duty of Care Owed to Licensees: The property owner is usually only liable for willful or wanton injury to a licensee. This means the property owner must exercise enough care to prevent injury to a visitor who is known to be or could reasonably be expected to be within the range of a dangerous act or condition (i.e. warn the licensee of a known hazard). However, the property owner is not required to inspect the premises or to immediately fix dangerous conditions.
  • Duty of Care Owed to Invitees: The property owner must exercise ordinary care to keep the premises safe. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about. The property owner must also inspect the property and must either fix or warn invitees about any dangerous conditions. An example of this is the “Caution: Wet Floor” signs that is commonly used in retail and grocery stores.
  • Duty of Care Owed to Trespassers: Because there is now true relationship between a trespasser or property owner, the law is much more lenient when it comes to the duty of care owed by the property owner. The property owner is not required to fix any dangerous conditions nor must the property owner warn trespassers about potential hazards. However, a property owner can be held liable for creating dangerous conditions on his property or making dangers conditions worse in order to catch trespassers.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

  1. Seek medical attention for your injuries
    • Ensure that you or loved ones’ well being is taken care of before taking any other actions
  2. Report the incident to the owner or manager of the property
    • Make sure to get a copy of the incident report
  3. Take pictures of the area where the accident happened
    • Photos with a date and time are important, because evidence could be removed
  4. Get names and phone numbers of any people who witnessed the accident
    • Witnesses will help prove your story in the future
  5. Call an experienced injury attorney