The human body is remarkably resilient–especially when it is young! Most people can remember back to when they took a tumble as a young person and were able to simply “walk it off.” As we age, our bodies change. And, a slip and fall can change from an event that you can just walk off to something that can cause serious and lifelong injuries.
So, it is not unreasonable for you to want business owners to make sure that their premises are safe when you visit so that you don’t get injured from an event like a slip and fall.
Premises Liability matters hold owners and/or occupiers of property for injuries that are sustained on the property. Generally, an owner or occupier of land has a duty to use reasonable care to keep the premises under his or her control in a safe condition.
Elements of Premises Liability Actions
The elements of a common premises liability cause of action are:
- the owner or occupier of the land had actual or constructive knowledge of some condition on the premises;
- the condition posed an unreasonable risk;
- the owner or occupier of the land did not exercise reasonable care to reduce or eliminate the risk of harm; and
- the owner or occupier’s failure to use such care proximately caused the plaintiff’s injuries.
Status on the Land
Determination of the status of the parties will impact the duty of care owed by the defendant to the plaintiff and the elements necessary to prevail on the claim. You have likely seen terms like “no trespassing” on signs posted by property owners on land. These referring to the status on the land like invitee, licensee, or trespasser have legal significance.
Invitee
An invitee is a person who enter’s the possesor’s premises in answer to an express or implied invitation by the possessor of the land and for the benefit of both parties. This commonly includes business patrons and employees.
Licensee
A licensee is a person who enters the premises of the possesor for his or her own convenience or on business for someone other than the possesor. Examples of a licensee include family members, social guests, salesmen, and visitors to businesses who enter just to get out of the weather.
Trespasser
A trespasser is a person who enters the property of another without any right, authority under the law, or express or implied invitation, who is not in performance of any duty for the owner and who is there for his own purposes or pleasure.
Take Action Now!
Under the Texas Civil Practice and Remedies Code section 16.003, Texas has a two-year statute of limitations for personal injury–including injuries sustained from premises liability matters like slip and falls. That means you need to act quickly in order to bring your claim. If you wait longer than two years, the Defendant will likely request the court to dismiss your case–and they will have a strong legal argument upon which the court will likely grant this request based on your failure to act within the prescribed time frame of two years.
Call Scutt Law PLLC Now!
Scutt Law PLLC has handled countless slip and fall matters. We stand ready to assist you in all phases of your case. Call us now so that we can listen to you and evaluate your potential matter. The consultation is completely complimentary–so don’t delay!
