Whether visiting another property as a worker, ticket holder, or other type of guest, the owner of the property is responsible for maintaining a safe venue. Damages can be paid by a negligent property owner who has demonstrated a conscious disregard for the safety of their workers, tenants, and visitors. When these property owners breach their legal duty by not providing reasonable security, safety measures, or signs warning of a known problem, they can be held liable should an injury result from the negligence.
Baytown Dangerous Premises Law
When someone is injured when visiting a dangerous premise in Texas, there are certain factors that must be proved in a court.
- Dangerous Condition – The condition of the property must be proven to be dangerous through a mix of building regulations, codes, OSHA regulations, etc.
- Knowledge of the Dangerous Condition – It must also be legally proven that the owner or owners of the property were made aware of this dangerous condition by a regulatory agency, inspector, employee, or even other visitors.
- Attempt to Minimize the Condition – Owners may try to cover up or negate the dangerous condition. For example, they may choose to repair a faulty stairway rather than replace, even though a repair is insufficient.
- No Attempt to Notify of Dangerous Condition – If the property owner was made aware of a dangerous condition, they are required to notify visitors of the condition, close it down, or other reasonable course of action. Using the same example, if a staircase is unsafe, visitors should not be allowed on it, and proper signage should be displayed.
Causes of Dangerous Premises Injuries
One of the most common causes of injury on a premises is a slip and fall. This often occurs when a liquid or other substance is spilled and not cleaned in a reasonable amount of time. The substance then makes the surface unsafe to walk on, causing a slip and fall. While some slip and falls are harmless, others can result in broken bones, back injuries, neck injuries, and more. Other causes of injury on a dangerous premise include but are not limited to:
- Falls – When railways, walkways, railings, and similar items are not maintained, a visitor or worker could fall and hurt themselves.
- Struck by object – Merchandise and other items hanging on unsafe shelves have been known to fall and strike someone.
- Trips – When the floors inside and outside the premises are uneven or not maintained, falls can occur.
- Escalators – These and other automatic walkways have interlocking teeth that have been known to injure passengers.
- Assault – Even though property owners can not be held criminally responsible should you be assaulted on their premises, they are required to provide adequate security. This is especially true if they know their property is vulnerable to criminal attacks.