When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation.  Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property.

Some states focus solely on whether an injured visitor on your property is an invitee, licensee, or trespasser.

• An invitee is someone who has been invited onto your property, such as a customer in a store. In this situation the owner of property is required to exercise reasonable care for the safety of the invitee.
• A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner, much like a door-to-door salesman. The owner’s duty to a licensee is only to warn of hidden dangers.
• A trespasser is an individual who enters onto a property without the knowledge or consent of the owner.  The owner’s only duty is to not place traps and hazards on their property, and warn trespassers of any hazards that can cause serious injury or death like a dog.

Other states focus upon the condition of the property and the activities of both the visitor and owner, instead of considering only the status of the visitor.

• In these states there is a uniform standard that requires the property owner to exercise reasonable care to both invitees and Licensees when on a property.
• Trespassers are factored into these states are when you are dealing with foreseeable harm to a child.  A classic example of this is a property owner’s duty to fence, gate and lock a pool in a manner that keeps children out.  If the property owner fails to do so and a child is hurt, they are liable for damages.
• In these states it is the burden of the plaintiff to prove that reasonable care was not meet by the property owner.  To do this there must be an examination of the circumstance when entering the property, the use of the property, the foreseeability of the plaintiff’s injury, and the reasonableness of the care taken to place a warning or fix the condition.

While this article defines the different methods used by states to determine damages in accident’s which occur on another’s property, it has probably left more questions than answers.  If you don’t know the way your state determines damages you should contact an attorney to find out.  If you or a loved one has been involved in an accident in Texas that occurred on someone else’s property and need some guidance, contact Haire Law Firm for a free consultation to see how we can help.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

How many people have TBI?

TBIs contribute to a substantial number of deaths and cases of permanent disability annually.

Of the 1.4 million who sustain a TBI each year in the United States:

·     50,000 die;

·     235,000 are hospitalized; and

·     1.1 million are treated and released from an emergency department.

Among children ages 0 to 14 years, TBI results in an estimated:

·     2,685 deaths;

·     37,000 hospitalizations; and

·     435,000 emergency department visits annually.

The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

What causes TBI?

The leading causes of TBI are:

·     Falls (28%);

·     Motor vehicle-traffic crashes (20%);

·     Struck by/against events (19%); and

·     Assaults (11%).

What are the signs and symptoms of TBI?

The signs and symptoms of a traumatic brain injury (TBI) can be subtle. Symptoms of a TBI may not appear until days or weeks following the injury or may even be missed as people may look fine even though they may act or feel differently

What are the long-term outcomes of TBI?

CDC estimates that at least 5.3 million Americans, approximately 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.

TBI can cause a wide range of functional changes affecting thinking, sensation, language, and/or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.