If you have been hurt on somebody else’s property, you may have grounds to file a personal injury claim against the property owner. By filing a personal injury claim, you can recover compensation for various losses. However, this process is much easier said than done. If you rush into a claim without making adequate preparations, your claim could be denied. A Frisco premises liability attorney can look out for your best interests and help you file a claim against a negligent property owner.
What Does Premises Liability Mean?
“Premises liability” is a term used in personal injury law to describe cases where a guest or visitor is hurt on someone else’s property. This area of personal injury law covers injuries suffered at private residences as well as businesses that are open to the public.
In general, property owners have a duty to keep people safe on their property as long as visitors are lawfully allowed to be there. Depending on whether you were implicitly allowed to be on the property or were explicitly invited, you might be owed a different level of protection. At the very least, property owners are obligated to warn visitors of any hazards and take care to address any risks. To secure compensation for your damages, you must demonstrate that the property owner neglected a duty of care that you were owed.
What Damages Can I Recover in Premises Liability Cases?
In Texas, you can recover financial compensation for economic and non-economic losses in premises liability cases. Economic damages can be quantified in money. They usually include medical expenses related to a hospital stay, surgery, medications, or other forms of treatment. Economic damages might also address a temporary or permanent loss of income as a result of the accident.
Non-economic damages are more difficult to account for, as they often involve intangible losses. Can you put a price on your pain and suffering? The role of an attorney in negotiating for a fair settlement or securing a favorable verdict is to advocate for full, just compensation on your behalf. Your claim for compensation should factor in all of your damages, not just the most obvious ones.
What Are Slip and Fall Accidents?
Slip and fall accidents are a common example of premises liability cases. To get compensation for these kinds of accidents, you must prove that the property owner failed to address a hazard that resulted in the slip and fall. Common slip and fall or trip and fall hazards include:
- A wet floor without clear signage
- A broken floor tile
- A faulty stair railing
- Needless clutter on the floor
Having an attorney at your side can be invaluable when pursuing a slip and fall claim. A skilled lawyer can gather evidence for your claim by taking witness statements and documenting any available photo or video evidence of the accident.
Are Dog Owners Responsible for Dog Bite Injuries?
In Texas, dog owners can be held liable for injuries inflicted by their dogs. Though it is often treated as a premises liability issue, you can still take legal action against a dog owner regardless of whether the attack took place at a private residence or in public.
However, Texas also has a “one bite” rule that protects dog owners from liability and lawsuits in some cases. If the dog did not have a prior history of aggression, the owner might not be responsible for damages. However, dog owners can be held liable for damages if the injury was very clearly caused by the owner’s negligence, such as when a person failed to secure or contain a dog that had attacked someone in the past.
Do Trespassers Have the Right to File Premises Liability Claims?
If you are injured due to a property owner’s negligence, you generally have the right to file a personal injury claim. However, this right does not extend to trespassers. The property owner does not owe a duty of care to anyone on their property who is not allowed to be there. However, exceptions may be made for “willful or wanton acts” resulting in injury.
What Should I Do After Suffering an Injury on Somebody Else’s Property?
If you have been hurt on somebody else’s property, you can take steps to protect your best interests before you get in contact with an attorney. First, you should note when, where, and how the injury took place. You could ask a witness to take a picture of the accident if you are not able to do so yourself, and you can request an accident report form from the business owner.
You should also seek out medical attention as soon as possible after the accident. If you are able to move without aggravating your injury, you should drive to a hospital or have someone else give you a ride. If your condition is delicate, consider calling an ambulance instead. Whatever the case, you should get your injuries checked out and documented by a medical professional. A physician’s report can serve as evidence of the damage you have suffered so that you can get a clear estimate for the value of your claim.
Texas has a two-year statute of limitations that applies in personal injury cases. This means that you generally only have two years to file a claim for compensation after your injury. Contacting an attorney as soon as possible after an injury will ensure that your claim will be filed within the proper time limits.
Contact a McKinney, TX Premises Liability Lawyer Today
If you or somebody you care about has been injured due to a property owner’s disregard for safety, a skilled Plano, TX premises liability attorney can provide compassionate aid and comprehensive legal assistance. Your lawyer can build a persuasive case and advocate for you in negotiations for compensation.
