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Premises Liability Lawyer Houston Texas

When Dangerous Conditions Create an Accident

Premises liability has been an evolving part of the law for many years. Basically, the law requires a premises owner to warn its guests of certain dangers on the premises. The law also applies to leased premises. There are basically two types of premises. The usual private residence and a commercial property such as a grocery store. The law views guests in each situation differently. One is generally for a private purpose and the other a business purpose. People who visit each type of place is an invitee.

Generally, a premises owner has a reasonable duty to inspect the premises for defects that might be dangerous to unsuspecting invitees. If a defect is discovered, the premises owner has a duty to warn invitees coming onto the property of the defect and to repair the defect as soon as reasonably possible. This is especially true with commercial properties used for selling consumer products. A defect can be discovered by ordinary inspection or it can be made known to the premises owner by another person. Either way, the defect must be made known to the customer or repaired. Generally, bright colored warning cones are used by the store owner to warn of the hazard. Although there can be many types of dangerous conditions, classic examples are bananas, grapes, or water puddles on the floor of a grocery store. A store owner knows that if conditions of this nature are on the floor, a hazardous “slip and fall” situation is created for customers. Therefore a store owner has a duty to periodically inspect areas for such hazards. If store personnel are notified of such a hazard, then the store must immediately warn customers of the defect until it is repaired or otherwise eliminated. If not, the owner may be liable to someone who is injured by that condition. However, a store owner is not an insurer. The owner must use only reasonable and ordinary care to inspect for dangers or to warn and repair when made known about most hazardous conditions. What most people do not realize is they also have a responsibility to keep on the lookout for possible dangerous conditions. If a customer sees, or should have seen a potentially dangerous condition on the floor and then falls or trips, then the store owner will most likely escape liability. If you have been injured as a result of a dangerous condition or defect on a commercial property, call the Law Office of Dan Kirby to discuss the matter. You may be entitled to compensation.