Texas has a reputation for protecting defendants more than plaintiffs in personal injury claims. If you look at the state’s civil code, you’ll find several pages of exceptions to standard liability rules in premises liability claims.
However, this doesn’t mean you’re without options if you get hurt on someone else’s property. Experienced premises liability lawyers may be able to help you get fair compensation. Here’s an overview of the types of cases they handle and how they approach them.
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability claims. In these incidents, the injured party falls due to an unsafe surface, such as a wet floor or broken step. The owner of the premises is liable if they were aware (or should have been aware) of the unsafe surface and took no appropriate action to remove the danger.
A common variant of slip and fall accidents involves nursing home negligence. Residents of nursing homes often need assistance when moving around, especially in places like the bathroom. If nursing home staff ignores their needs, they may slip and fall.
Negligent Security Claims
Premises liability law holds that a property owner can potentially be liable for an intentional injury caused by another party. If you have the legal right to be on a particular property, you should be able to expect the owner to provide reasonable security.
For example, if you’re attacked by a mugger in a parking garage because the garage had substandard lighting and no security guards, you might be able to sue the garage owner.
Swimming Pool Accidents
Slip and fall accidents are common at swimming pools because of the many wet surrounding surfaces. However, this isn’t the only type of accident that can happen at a swimming pool. Many premises liability accidents occur because hazards go unaddressed or lifeguards aren’t present when they should be.
Retail Store and Supermarket Injuries
Retail stores can be surprisingly dangerous if the owners or managers don’t take appropriate precautions. While the dangers are sometimes due to the actions of careless customers, that doesn’t always absolve the property owner.
For instance, if a customer leaves a heavy item perched on a shelf in an unsafe way, the property owner must act to eliminate the risk as quickly as possible. When employees fail to address problems that arise throughout the day, the store becomes liable for accidents.
Hotel and Apartment Complex Liability
Liability can be complicated in cases involving accidents in apartments or hotels. Guests and visitors are expected to take reasonable precautions to keep themselves safe, but they don’t have control over the entire building. As such, the owner is also responsible for certain injuries that may occur.
For example, if the railing on a stairwell is broken and you’ve notified the owner of the apartment or hotel, they’re responsible for fixing it. If they don’t do so in a reasonable amount of time and you get hurt, they’re legally liable.
In a public place like a hotel, you don’t even need to inform the owner or manager of the danger — it’s their job to keep an eye out for and remedy potential dangers.
Liability for Defective Property Conditions
The liability rules for defective property conditions can be complex.
The simplest case is one in which the property owner is aware of the defective condition. In such a case, they’re required to correct the issue or notify others of the danger. If they don’t, they’re liable for any injuries that come about. Even posted notices may not prevent liability if they aren’t obvious.
What if the property owner isn’t aware of a defective condition? In this case, the question becomes whether they should have been aware.
A property owner can’t claim ignorance if they don’t take appropriate action to make themselves aware of problems. Property owners have a duty to regularly inspect their premises or assign others to do so. If a defective condition has gone unaddressed for some time, ignorance stops being an excuse.
How a Premises Liability Attorney Can Help
Premises liability lawyers investigate their clients’ claims, gathering evidence and recording witness testimony to support them. Once they’ve gathered enough evidence, they’ll enter negotiations with the liable party’s insurance company to seek fair compensation.
If you work with a premises liability attorney who does their job correctly, you have a much better chance of being compensated quickly without the need to go to trial.
FAQ
How Does Comparative Liability Affect Premises Liability Cases in Texas?
Under the state’s comparative liability rules, if you’re partially responsible for your injury, any compensation you receive will be reduced by a percentage equal to your assigned degree of fault. If you’re more than 50% responsible, you’ll be barred from seeking compensation from another party.
Can Trespassers Get Compensation in a Premises Liability Case?
No. Property owners aren’t liable for any injuries that occur on their property when the injured party is a trespasser.
How Much Will a Premises Liability Lawyer Cost Me?
The premises liability lawyers at Ramsey Law Group work on a contingency basis. That means you’ll only pay for our services if and when we secure compensation for you. We’ll take a reasonable percentage of the total award as our fee at the end of the case.
Reach Out to the Premises Liability Lawyers at Ramsey Law Group Today
Have you or someone you care about been seriously injured while visiting a public or private property? If so, you may be eligible to pursue compensation for the harm you’ve suffered. Contact Ramsey Law Group to schedule a free consultation with an experienced legal professional.