Property owners must take reasonable measures to ensure the safety of anyone on their premises. If they do not and you are injured as a result, you may be able to pursue compensation by filing a premises liability claim.
When we visit someone else’s property, we expect the premises to be maintained safely. Sometimes, accidents are outside of our control, but other times, they result directly from someone failing to maintain a safe property.
You might be eligible to file a lawsuit if you were injured on someone else’s property. Whether you fell on a slippery floor, tripped due to an unmarked hazard, drowned, were electrocuted, injured in a fire, or were similarly hurt, you may be able to pursue compensation for an accident on another’s property.
A Texas premises liability lawyer with Kirkendall Dwyer LLP is ready to help in your case. You can contact our personal injury attorneys for a free consultation today to get started.
What Are Texas Premises Liability Laws?
Unintentional injuries resulting from accidents are one of the leading causes of death in the United States. While accidents are not always preventable, specific laws obligate property owners and managers to exercise a reasonable degree of caution and promote property safety and building maintenance.
Many states, including Texas, impose premises liability laws under which property owners are required to maintain safe premises. Specifically, landlords are required to regularly check for and remedy any known property hazards in a timely manner. If there is a potential hazard that cannot be remedied in a timely fashion, the person or group responsible for the property should provide adequate warning to anyone whom the danger could affect.
For example, if a store employee mops the floor, they must put out a sign warning customers that the floor is wet to mitigate the risk of someone slipping and falling. If the employee fails to warn customers of the potential fall hazard and a customer gets hurt, the customer could pursue compensation from the store owner under premises liability laws.
Compensation in a Texas Premises Liability Case
In general, if you get hurt on someone else’s Texas property, you may be able to hold the property owner financially accountable if it can be shown that they did not take reasonable measures to prevent the accident from happening. There are exceptions to this, however. For example, trespassers generally cannot recover compensation from property owners for injuries suffered while trespassing unless in the case of gross negligence.
An experienced attorney can go over your case to see if you are eligible to file a premises liability lawsuit based on the circumstances of your accident and injury. A successful premises liability case may help you recover compensation for a variety of losses, including:
- Your medical bills related to your accident
- The income you lost from being unable to work while you recovered from your injuries
- Your reduced earning capacity because of the injuries you sustained
- The pain and suffering you experienced because of the accident
The amount you can recover in compensation will depend on what happened in your specific circumstances. When you consult with a Texas attorney, they can offer insight on how much compensation you would likely get in your premises liability case.
What Should I Do if I Am Injured on Someone Else’s Property?
When you are injured on someone else’s property, you should first focus on your health and safety. Get the appropriate medical treatment you need after an injury, including following up with your doctor as needed.
To help strengthen a potential premises liability claim for damages, it is advisable to document where the accident happened and what injuries you experienced. For example, you can take photos or videos of the accident scene and your injuries to record what they looked like right after the incident. Asking witnesses for their contact information and statements of what they saw can also be helpful in the future when pursuing a claim.
What Are the Benefits of Working with a Texas Premises Liability Lawyer?
If you choose to pursue a premises liability case, the value of having an experienced attorney at your side cannot be understated. Premises liability attorneys understand the laws and regulations, including the relevant statutes of limitations, that may apply in your case. Our Texas premises liability attorneys will work to ensure all deadlines for filing a lawsuit are met, and any potentially negligent parties are identified.
We can help you collect evidence to support your claim and show how the defendant (typically the property owner) may bear responsibility for your accident. Finally, we can negotiate with insurers on your behalf to reach a fair settlement or secure a jury verdict that covers the full extent of your costs and losses related to the accident.
Can I Afford to Hire a Texas Premises Liability Lawyer?
If you were injured on someone else’s property, you are likely swimming in medical bills and other difficult recovery fall-outs. At Kirkendall Dwyer LLP, we only charge you for our services if we help you recover compensation. We take a percentage of the amount you recover to cover your legal fees, so when you meet with us, it is completely free unless you win.
Schedule a Consultation with a Texas Premises Liability Attorney Today
Our legal team at Kirkendall Dwyer LLP is ready to help you with your premises liability case. Our Texas premises liability lawyers will work with you to get you the compensation you deserve. We want you to get the legal help you need to have a successful case.
It all starts with an initial consultation so that you can understand your options and the best way forward. You can contact us today to get started with a free consultation.