The Weaver Law Firm has had plenty of Texas residents ring the firm to inquire about slip and fall or trip and fall cases that resulted in personal injury. Sometimes these accidents can result in head or brain injury when a person strikes their head after the fall. In response, we provide this short blog. In Texas premises liability cases we must first examine the status of the visitor to the property. Generally there are three categories that an injured individual may fall under. He or she may either be an invitee, a licensee or a trespasser.
An invitee is a person who enters the property with the owner’s knowledge and for the mutual benefit of both parties. The most common example of an invitee is the “business invitee” or customer. Whenever you walk into a grocery store like Wal-Mart or Kroger, you are an invitee in that store. Property owners hold the highest degree of duty to invitees and must inform them of potential dangers and take steps to mitigate those dangers. An invitee is a person who is on the premises at the express or implied invitation of the possessor of the premises and who has entered thereon either as a member of the public for a purpose for which the premises are held open to the public or for a purpose connected with the business of the possessor that does or my result in their mutual economic benefit.
A licensee is a person who enters the property with the owner’s consent, but whose presence does not financially benefit the owner. “Social guests” are the most common licensees. Anytime you’re invited to a friend’s house for dinner, you are a licensee. A property owner must warn licensees about potential dangers on the premises like an uneven step or low doorway.
A trespasser is a person who enters the property without permission. The owner holds the least duty towards a trespasser and cannot be held responsible unless he or she injures the trespasser (like a brain injury)intentionally or through extreme carelessness.
Each of these categories have different elements for examination in order to determine liability of a landowner like Wal-Mart, Kroger, H-E-B, or any other grocery store or business. Call a qualified attorney to assist in the evaluation of the personal injury case.
– Article By Richard Weaver
