Premises liability law covers the accident and injuries that concern property and property conditions. A trip over a loose rug, a fall due to a broken step, or a tumble from a wet floor can all serve as possible grounds for premises liability claims. When a Texas resident is harmed in a property-based accident, they will have to prove various elements of their claim to prevail in court.
One common element of personal injury claims is reasonableness, or a lack of reasonableness by the responsible party. When it comes to premises liability, reasonableness can concern the actions or inactions undertaken by a property owner with regard to the potentially dangerous conditions on their property. This post will generally discuss reasonableness in premises liability law, and readers can discuss it further with their personal injury lawyers as this post provides no legal advice.
What is reasonable?
When determining if a property owner’s attempted fix, or failure to fix, a property problem was reasonable, it can be useful to ask a number of questions. Some helpful questions to consider can include:
- When did the property owner learn of the property defect?
- What remedy was used to fix the defect?
- What other options to fix the defect did the property owner have?
- Would a reasonable property owner used the same fix to remedy the problem?
Reasonableness is often assessed against a reasonable person standard. If a reasonable person would have done what the property owner did to fix their property, then they may also be found to have acted reasonably given the circumstances of their situation.
When a property owner acts unreasonably
There are many ways that property owners can fix property defects. Additionally, they can warn visitors of defects if they do not have time or resources to fix problems before entertaining or allowing others to come to their properties. When remedies and warnings are absent, a property owner may have a hard time claiming that they exercised reasonableness with regard to the safety of their visitors.
Building a case for a premises liability-based claim can be complicated. Reasonableness is only one small part of investigating and pursuing damages from a property-based personal injury accident. A personal injury attorney can provide their client with important guidance to ensure that the premises liability victim understands their rights and legal options.