Premises Liability Lawyer
If you or a loved one have been injured due to dangerous conditions on someone else’s property, then you may be able to pursue a premises liability claim. A property owner has a legal duty to maintain the safety of their property for visitors, clients, customers, tenants, and employees. If you have been injured on another person’s property because of inadequate security, poor maintenance, or pure negligence, then you need to contact a premises liability lawyer Texas.
Premises Liability Laws
The laws for premises liability state that a property owner must keep their premises safe at all times. If they are aware of any dangers on their property, it’s their responsibility to warn people of these hazards. When a person is injured on someone’s property, due to negligence, the injured party has a right to compensation.
When a person visits someone’s property, they are considered an invited guest. The law also provides protection for licensees such as contractors or salespeople, and trespassers. There are also special laws that protect children when they’re on another person’s property.
An attorney can help accident victims understand these laws and will work with insurance companies to negotiate a fair settlement.
Common Premises Liability Claims
Common examples of premises liability claims include:
- Slip and fall accidents
- Swimming pool accidents
- Flood or fires
- Insufficient security
- Toxic exposure
- Dog bites
- Escalator and elevator accidents
When the court decides whether a property owner used reasonable care, they will consider the following:
- A property owner’s control over the condition that caused the injury
- The property owner’s knowledge of the conditions
- The likelihood of harm
- The location of the property
The premises liability lawyers at the Ben Dominguez Law Firm will obtain evidence to build a case to prove the negligence of a property owner.
Duty of Care
In Texas, property owners are required to exercise a duty of care. This means they are responsible for providing reasonably safe conditions to any and all visitors on their property. This applies to both commercial and residential property owners. When a property owner fails to use reasonable care and a person is injured, they will be liable for any injuries that occur.
Burden of Proof
In this type of claim, the burden of proof is on the injured party. Did the property owner control/occupy, lease/own the property? Was the property owner negligent in the maintenance or use of the property? Was the property owner’s negligence a major factor in causing harm?
This can be a substantial burden to prove for the accident victim who is still recovering from the accident, which is why it’s important to have legal representation in this type of case. A skilled attorney who specializes in premises liability claims will know exactly what to do to prove the property owner was responsible for the accident.
An attorney will head to the scene of the accident and document the conditions. They will also consult with experts and interview witnesses, to meet the burden of proof on behalf of their clients.
What You Can Do to Protect Your Claim
If you have been injured in a premises liability accident, take photos of the accident scene to help prove the property owner’s negligence. This must be done as soon as possible since the property owner will more than likely try to cover up their negligence by cleaning up the scene and making repairs. These photos will be valuable to your case and can help you receive the maximum settlement award. If there were any witnesses to your accident, take down their names and phone numbers.
Notify the Property Owner
After your accident, notify the property owner as soon as possible. This will add credibility to your case and will show the exact time you were injured. This can prevent the property owner from claiming you were injured prior to visiting their property, or after.
Seek medical attention for your injuries immediately. Even if you feel okay and don’t believe that you’re seriously injured, you may have injuries that are difficult to diagnose initially. In some cases, an injury may not be apparent right away. You may not experience any pain or discomfort until several hours later. Go to the emergency room, do not wait to see your primary care physician. Immediate medical attention is crucial. Follow all medical treatment recommendations from the ER physician and follow up with your regular doctor. Your medical records will be used as evidence in your claim.
Contact an Attorney
The next step is contacting a premises liability attorney in Texas. An attorney will help determine if you have a case and if you’re eligible for compensation for your injuries.
Avoid Speaking with an Insurance Company
The property owner’s insurance company will try to contact you at some point. Avoid speaking with them. The insurance company will try to trick you into making a statement that can hurt your claim, or they will try to offer you a small settlement. Instead, an attorney should handle all communication with insurance companies and the property owner’s legal representation.
Contact a Premises Liability Lawyer in Texas
When you’re injured on someone’s property, the property owner can be held liable for your injuries. The property owner has a duty to exercise reasonable care in the management, maintenance, and use of his or her property. If you have been injured on private or commercial property, due to the negligence of the property owner, contact a premises liability lawyer Texas at the Ben Dominguez Law firm today to schedule a consultation and discuss the specifics of your accident. In some cases, fault it’s not always readily apparent. Our lawyers will know how to proceed, what questions to ask, and what evidence it needed to ensure the best possible results for your case.
Ben Dominguez Law Firm4899 Montrose Blvd, #1512, Houston, Texas 77006