Premises Liability

Edinburg Premises Liability Attorney

Over a Decade of Advocating for Clients in McAllen and Hidalgo County

In many cases, property owners are liable for injuries that occur on their premises. As such, you can take legal action and sue against unsafe premises. Muñoz Law Group aims to provide informed and knowledgeable legal counsel to injured individuals looking to bring forward a civil lawsuit. Attorney Jorge Muñoz has been advocating for clients for over a decade, and he approaches his legal practice with integrity and honesty. He will work one-on-one with you to craft an effective case for premises liability so you can retain damages for any injuries you’ve incurred.

Schedule a free consultation with Muñoz Law Group online to get started. Spanish language services available.

What Is Considered Premises Liability?

Property owners have the legal obligation to maintain their property in a safe condition for any visitors and guests that they welcome. As a result, whether or not the property owner was present during the incident does not implicate them any less in a premises liability case.

Premises liability cases typically refer to incidents when a person has incurred injuries due to unsafe premises. Some examples of premises liability actions might be swimming pool accidents, amusement park mishaps, and slip and fall incidents.

Filing a Premises Liability Case

In order to bring forward a claim of premises liability, you must prove the following:

  1. The defendant (likely the property owner) owed a legal duty to you (below, based on your legal classification).
  2. The defendant breached that legal duty.
  3. The breach resulted in damages incurred by the plaintiff (you).

Establishing your legal status on the premises in the second step above is important for evaluating your case. Texas has three recognizable classifications with different legal duties for the property owner:

  • Licensees – Individuals the property owner has given consent to enter the premises and who are on the property for their own benefit as a social guest, salesperson, etc. The property owner has a duty to fix or at least warn you of any dangerous conditions on the property they are aware of, such as uneven holes in the ground or shaky steps. 
  • Invitees – Individuals who enter the space with the property owner’s knowledge and permission and for the mutual benefit of both parties, such as if they are a business patron. The property owner must warn of or make safe any dangerous conditions that they know about or could have known about through a reasonable inspection.
  • Trespassers – Someone who enters another’s property without lawful permission. The only legal duty owed to a trespasser is the duty not to cause injury willfully, wantonly, or through gross negligence.

Any injured person can file a premises liability claim, but if the incident resulted in death, you may instead want to file a wrongful death lawsuit on behalf of the deceased person.

The “law of attractive nuisance” also establishes that any property owner may be liable for injuries to children who trespass on the property if their injury results from a condition on the property that is likely to attract children who are unable to comprehend the risks. 

One exception to the conventional premises liability laws, however, is the “open and obvious” condition. A property owner is not automatically liable for injuries caused by “open and obvious” conditions that the court believes a reasonable person should have seen and avoided. A legal professional can better evaluate if this would even apply to your case at all, as it is a fairly nuanced and case-by-case matter.

Securing Damages

As with any personal injury case, there are different types of damages you may secure. If you are successful in proving liability in your case, you may receive compensation for:

  • lost wages;
  • legal costs;
  • past and future medical bills;
  • pain and suffering;
  • emotional scarring;
  • punitive damages if the defendant acted intentionally or with gross negligence.

An experienced lawyer can help you build a strong case for premises liability and ensure you retain the full amount of damages that you are eligible for. Attorney Jorge Muñoz has been representing clients for more than a decade, and he will provide the informed legal guidance you need to rectify your injuries and legal situation. He will be accessible to you at all times throughout your case, and he will explain all your legal options to you in detail so that you can make the right decision for your situation.

Schedule a free consultation with Muñoz Law Group online to get started. Spanish services available.

Contact me online or at 956-304-5566
to request a free consultation.
Jorge  Muñoz Photo
Jorge Muñoz
“I chose a career in law to pursue the opportunity to help others in a time when they are searching for guidance.”

Attorney Muñoz views his role in the attorney-client relationship as a helper, available to guide clients through any potential issue to leave them in the best position possible to protect their rights and best interests.

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Call 956-304-5566 to Schedule a Free Consultation

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