McAllen Premises Liability Lawyer

What is Premises Liability?

Under Texas premises liability law, owners and occupiers of property have a legal duty to keep it reasonably safe for people that visit the land. If they don’t, they may be liable to cover the losses suffered by an injured victim.

Generally, the failure to maintain safe premises occurs when the owner had notice of a hazard and didn’t repair it. Premises liability also incorporates situations where the individual failed to inspect the property, so willful blindness will not protect the owner or occupier.

Elements of Premises Liability Cases

As in other personal injury cases, most premises liability claims are based upon the legal concept of negligence. This means you need to prove certain facts to recover compensation for your losses. The essential elements of a case for premises liability include:

Duty

Landowners owe you a certain duty of care when you lawfully visit their property. If they violate this duty by not fixing certain hazards, or generally failing to keep their land safe, you may be injured.

Breach

If the property owner doesn’t comply with the legal obligation to keep the premises safe, this breach of duty can cause you serious injuries.

Damages

You need to establish grounds for recovering compensation, which you can do through showing your damages. These are the losses that you sustain due to your injuries.

Types of Premises Liability Accidents

At The Law Giant, Personal Injury & Accident Lawyers, our McAllen premises liability lawyers handle all types of claims regarding accidents on property. We represent injured victims in such common scenarios as:

Slip and Falls

This type of accident occurs when a victim tumbles because of a dangerous condition on a property. A puddle, spill, obstruction, loose flooring, unsecured wiring, and many other factors may be to blame. According to the National Floor Safety Institute, slip and falls send over one million people to the emergency room every year. For these victims, bone fractures are a common form of injury.

Falls from a Height

When railings on stairwells, balconies, terraces, or other high platforms are loose or unsecured, anyone that relies on them for support can fall. The severity of the injuries depends on the height, but even short elevations can cause serious injuries.

Struck by Object

This premises liability scenario is most common in shopping environments where an object may fall from a shelf. Worse, an entire shelf of merchandise may collapse and strike the victim. Falling doors, mirrors, and related fixtures can also cause injuries. Many victims suffer traumatic brain injuries (TBIs), concussion, and other head injuries. If you were injured while shopping in Texas, call a McAllen premises liability attorney from our firm for help.

Negligent Security

Part of a property owner’s duty to maintain safe premises includes make sure that criminal activity doesn’t cause harm to guests. Even though injuries may result from the acts of another person, the property owner has an obligation to provide reasonable security measures. A victim may have a premises liability claim in the event of assault, robbery, or other illegal conduct.

Swimming Pool Accidents

The weather is warm in McAllen throughout the year, so many residents enjoy a trip to the pool on many days. Increased volumes of guests means a higher risk of swimming pool accidents, for which children are especially at risk. The Texas Department of Family and Protective Services reveals that nine children have drowned in Cameron County since 2015.

Dog Bites

Texas is a “one-bite” state for purposes of dog attacks, which means that owners may be liable when they knew their dog had bitten or demonstrated vicious tendencies in the past. There may also be a claim for premises liability if the owner was negligent in controlling their dog or didn’t to take action to prevent the attack. An example might be the owner’s failure to comply with the City of McAllen law that requires dogs to be kept on a leash or secure area.

If you have incurred injuries in any of the above scenarios, contact a MCAllen premises liability lawyer from The Law Giant, Personal Injury & Accident Lawyers for help.

Compensation in Premises Liability Claims

In Texas, there are two types of damages available under premises liability law.

Economic Damages

When you can prove your losses through documents or some other means, they’re considered economic in nature. Medical bills, lost wages, and future earning capacity are examples of economic damages.

Non-Economic Damages

Some types of losses aren’t as easy to calculate because they’re subjective. Only you know how you’ve suffered as a result of an accident on someone else’s property. For instance, you may endure such harm as:

• Pain and suffering
• Emotional consequences
• Loss of consortium

At The Law Giant, Personal Injury & Accident Lawyers, our McAllen premises liability attorneys can provide more information on the type of damages you can recover for your losses.

Limitations on Compensation Under Texas Premises Liability Law

There are different laws that may restrict your rights or how much compensation you can recover in a premises liability claim.

Statute of Limitations

Texas laws mandate that you file a lawsuit for your losses within two years after the date of your injuries. You’re barred from suing the property owner or another responsible party once this statute of limitations expires.

Comparative Negligence

If you’re partially at-fault in a premises liability action, you may not receive the full amount of compensation. Comparative negligence rules refer to the percentage of fault you contributed to the accident, and reduce your damages by that amount. It is important to note, however, that if you are found to be 51% or more responsible for your accident, then you cannot receive compensation at all.

Trespassing

Premises liability laws in Texas don’t protect those who break the law and incur injuries in the process. If you were a trespasser on a property and got hurt through your own misconduct, you can’t recover for your losses.

How a McAllen Premises Liability Lawyer Can Help

Due to their complexity, it is important to have legal representation as the victim of a premises liability accident. The attorneys at The Law Giant, Personal Injury & Accident Lawyers can guide you through the claims process, so you can obtain the compensation you deserve. Our efforts in fighting for your rights include:

Investigations

Whenever you’re injured in a premises liability incident, you’ll need to present proof regarding the essential elements mentioned above. There can be challenges in gathering sufficient evidence, particularly because you typically don’t have unlimited access to the property where you were hurt. Our team works with private investigators, accident re-constructionists, and other professionals to gather the necessary facts.

Strategy

Our premises liability lawyers have extensive experience and knowledge in the laws regarding your claim, so we’re able to develop a solid strategy for your case.

Dealing with an Insurance Company

The first step in a premises liability claim will usually involve settlement negotiations with the insurance company that covers the property owner. Claims adjusters are often unwilling to risk profits by paying compensation for the claim, even when it’s supported by sufficient proof. Insurance company employees may try to blame you for the accident or contest your injuries. Our McAllen premises liability attorneys can assist with overcoming any challenges in dealing with insurers.

Litigation

If we can’t settle on a reasonable compensation amount with the property owner’s insurance company, our team will take your claim to court. We are adept at litigation in all areas of personal injury cases, including document preparation, motions, discovery, depositions, and jury trials.