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Premises Liability Lawyer in Texas
Premises liability cases arise when individuals suffer injuries due to unsafe conditions on someone else's property. At Almaraz Law Firm, our experienced personal injury lawyer is dedicated to helping victims secure the compensation they deserve. Understanding the nuances of premises liability laws and how they apply in Texas is crucial for building a strong case. For a free consultation, contact us online, or give us a call at 956-450-1671 today!
Premises Liability Laws in Texas
- Duty of Care: Property owners are required to maintain a safe environment for visitors by regularly inspecting their property and addressing any hazards.
- Addressing Hazardous Conditions: Owners must promptly address or fix any hazardous conditions they are aware of, such as wet floors, broken stairs, or exposed wiring.
- Visitor Status: Liability depends on the visitor's status as an invitee, licensee, or trespasser, with invitees generally owed the highest duty of care.
- Comparative Negligence: Texas follows comparative negligence rules, meaning the injured party's compensation can be reduced if they are found to be partially at fault for their injuries.
- Statute of Limitations: The timeframe for filing a premises liability claim in Texas is typically two years from the date of the accident.
Types of Premises Liability Lawsuits
- Slip and Fall Accidents: These occur when someone slips, trips, or falls due to hazardous conditions like wet floors, uneven surfaces, or debris.
- Inadequate Security: Property owners may be liable if inadequate security measures lead to assaults, robberies, or other injuries on their premises.
- Poor Maintenance: Failing to maintain the property properly, such as not fixing broken stairs or railings, can lead to injuries and liability.
- Dog Bites: Property owners may be liable for injuries caused by dog bites if the dog is kept on their premises.
- Swimming Pool Accidents: Lack of proper fencing, supervision, or maintenance around swimming pools can lead to drownings or injuries.
- Fire or Chemical Hazards: Exposure to fire hazards, toxic chemicals, or other dangerous substances on the property can result in serious injuries and liability.
Determining Fault in a Premises Liability Case
Determining fault in a premises liability case involves assessing whether the property owner knew or should have known about the hazardous condition and failed to take appropriate action to fix it. This requires a thorough investigation of the incident, including witness statements, surveillance footage, and maintenance records.
In Texas, the comparative negligence rule means that even if the injured party is partially at fault, they can still recover damages, though the compensation may be reduced by their percentage of fault. Our premises liability lawyer in McAllen, TX can provide invaluable assistance by guiding you through the legal process, gathering necessary evidence, and negotiating with insurance companies.
Start a Free Consultation Today
If you or a loved one has been injured due to unsafe conditions on someone else's property, contact Almaraz Law Firm today. Our knowledgeable premises liability lawyers in McAllen, TX are here to help you set up a free case evaluation or answer any questions you may have. Don’t hesitate to reach out and secure the legal support you need. For a free consultation, contact us online, or give us a call at 956-450-1671 today!
Premises Liability in Texas: FAQs
What should I do immediately after a premises liability accident?
After a premises liability accident, it's important to seek medical attention right away, even if you feel fine. Document the scene by taking photos and gathering contact information from any witnesses. Report the incident to the property owner or manager and contact a premises liability lawyer as soon as possible to discuss your case.
How long do I have to file a premises liability claim in Texas?
In Texas, the statute of limitations for filing a premises liability claim is generally two years from the date of the accident. It is crucial to act promptly to ensure you meet all legal deadlines and preserve your right to compensation.
Can I still file a claim if I was partially at fault for the accident?
Yes, Texas follows a comparative negligence rule, which means you can still file a claim even if you were partially at fault. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
What kind of compensation can I expect in a premises liability case?
Compensation in a premises liability case can include medical expenses, lost wages, pain and suffering, and other related costs. The specific amount will depend on the severity of your injuries, the circumstances of the accident, and the degree of fault.
Do I need a lawyer for a premises liability claim?
While it is possible to file a premises liability claim without a lawyer, having an experienced premises liability lawyer can significantly increase your chances of receiving fair compensation. A lawyer can navigate the complex legal process, gather evidence, and advocate on your behalf.