When you are injured on someone else’s property due to their negligence, you may have a cause of action under premises liability law. Common injuries include slip-and-falls and dog bites, but premises liability covers almost any type of injury. Establishing fault for an accident and injuries requires a fact-specific analysis; if your facts meet the requirements, you could be entitled to compensation. Work with our team at Lone Star Injury Attorneys to learn more about what damages are available in a Sugar Land premises liability case, and what steps to to take to pursue compensation.
Establishing Premises Liability
Establishing fault often begins with establishing the status of the injured person. In premises liability claims there are two types of visitors: invitees and licensees.
Invitees
Most cases are brought by those legally considered invitees, that is, one who enters premises held open to the public often for the benefit of the owner—for example, a person who enters a supermarket to buy groceries. Establishing liability to an invitee requires proving the injury was caused by an unreasonable risk of harm that was foreseeable to the property owner, of which the owner failed to adequately warn or to make safe. The standard for liability is higher for invitees and property owners are required to warn or fix known risks as well as regularly inspect for risks that are not yet known but could occur.
Licensees
Licensees are visitors who are there for their own benefit or for a social purpose such as guests at an event or gathering. Property owners must only warn or remedy about known dangers.
When liability is established in a Sugar Land premises liability case, an injured person could be awarded damages to reimburse them for their accident-related losses.
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Damages in Premises Liability Claims
The damages available in a Sugar Land premises liability case include compensation for economic and noneconomic losses. Economic damages are those that have a specific financial amount attached to them and include past and future medical bills, lost wages, pharmaceuticals, and other out-of-pocket expenses. Noneconomic damages are subjective and are intended to compensate for the physical pain, mental anguish, and inconvenience associated with an injury. On rare occasions, exemplary damages may be awarded. Exemplary damages are available in cases of fraud, malice, or gross negligence, and often result from intentional or reckless conduct. Understanding the full range of damages available in a specific case requires consulting with an attorney well-versed in this area of law.
Modified Comparative Negligence
When apportioning damages, Texas courts use a system called modified comparative negligence. Under this system, damages are apportioned to percentages of fault, but no one who is more than 50 percent at fault may recover anything. For example, imagine a person is shopping at a supermarket and slips on spilled milk, causing injuries. The jury receives evidence that the defendant was texting at the time the fall occurred. The jury might decide the defendant is partially responsible for their own injuries; if they do, they will be asked to assign percentages of fault. If the defendant’s damages are $10,000, and the jury finds the grocery store 60 percent at fault and the defendant 40 percent at fault, the defendant will be entitled to 60 percent of their damages, or $6,000. However, if the jury finds the grocery store 45 percent at fault and the defendant 55 percent at fault, the defendant will recover nothing because they are more than 50 percent at fault.
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Employer Liability in Premises Liability Cases
Texas follows the law of respondent superior, meaning an employer is legally responsible for those negligent acts of their employees committed within the course and scope of their employment. For example, in the above example of spilled milk in a grocery store, the negligence is a store employee’s failure to promptly wipe up the spill. Because cleaning the spill is within the course and scope of their employment, the store itself must answer for their employee’s negligence. This is important because businesses—particularly large ones—almost always have greater assets and higher insurance policy limits than individuals, making full recovery of a damage award in a Sugar Land premises liability case much more likely.
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Call to Learn More About Damages in Sugar Land Premises Liability Cases
When you are injured on someone else’s property—even if you believe you were partially responsible—our team could review your case for a possible claim. At Lone Star Injury Attorneys, we want to get you the money you deserve so you can get back to things you care about. Call us today for an initial consultation to learn more about damages in a Sugar Land premises liability case.
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