If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.
Property owners in Texas have legal responsibilities for the care and maintenance of their premises. They must ensure the reasonable safety of visitors using actions appropriate to the circumstances. Unfortunately, many landowners in Texas fall short of their responsibilities, creating dangerous property defects. If you or a loved one suffered an injury due to a defect on someone else’s property, discuss your ability to bring a premises liability claim with one of our attorneys in Texas. We offer free case consultations and are here to help you understand your legal rights and options.
Contact us today to schedule your free Texas injury lawyer consultation and learn how we can assist you in seeking the compensation you deserve.
What is Premises Liability?
Every property owner has certain responsibilities, primarily revolving around the safety and security of those who have a right to enter or come onto the property. The level of responsibility a property owner has towards guests or visitors depends on the type of premises, whether it is a private residential area or a commercial establishment.
Premises liability is an area of law that addresses what happens if a property owner fails to uphold the duty of care they owe others. If a property owner breaches their duty of care—if their careless or negligent actions directly or indirectly lead to someone sustaining an injury—they could face a personal injury lawsuit brought by the victim.
How a Texas Premises Liability Lawyer Can Help You
Working with an experienced premises liability lawyer in Texas can significantly ease the financial recovery process for you and your family. You can trust your lawyer to handle the legal aspects of your claim while you focus on your recovery. An attorney from Dunham & Jones, Attorneys at Law can manage many critical tasks for you, including:
- Investigating the Accident
- Gathering Evidence
- Managing Paperwork
- Negotiating Compensation
- Litigation
Most importantly, your Texas personal injury lawyer will be a trusted advocate during this challenging time, available to answer all of your questions and provide sound legal advice. You will feel more confident and comfortable after hiring a skilled attorney to represent you during a premises liability claim. Call us today at 888-222-9746 to discuss your injury claim
Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Premises Liability Claim case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
Do You Have a Premises Liability Claim?
A premises liability claim allows an injured property visitor to seek financial reimbursement for losses associated with an accident. To succeed, you need clear and convincing evidence that the property owner was negligent with at least a 51 percent likelihood. Negligence means that the property owner committed an act or omission that a reasonably prudent owner would not have in the same or similar circumstances.
In general, the elements of a premises liability lawsuit are:
- Duty of Care: The property owner had a duty to maintain a reasonably safe premises for the plaintiff.
- Knowledge of Hazard: The owner had actual or constructive knowledge of a hazard or defect on the property.
- Failure to Remedy: The owner carelessly failed to remedy the defect in a timely manner.
- Compensable Losses: The victim suffered compensable losses, such as injuries and medical bills.
- Proximate Cause: The property owner’s negligence was the proximate cause of the plaintiff’s losses.
If you suffered any type of injury or a loved one passed away because of a hazard on someone else’s property – including a grocery store, big-box store, department store, financial institution, school, workplace, or a friend’s house – you may be eligible for financial compensation through a premises liability claim. Our injury attorneys can listen to your story and let you know if your case has merit.
Call us today at 888-222-9746 for a free consultation to discuss your potential premises liability claim and learn how we can help you seek the compensation you deserve.
Common Accidents in Texas That Lead to Premises Liability Lawsuits
At Dunham & Jones, Attorneys at Law, our lawyers have experience with various types of premises liability cases in Texas and throughout the country, including:
- Drowning Accidents
- Swimming Pool Accidents
- Parking Lot Accidents
- Fires and Burn Injuries
- Daycare Injuries
- Playground Accidents
- Amusement Park Accidents
- Nursing Home Abuse and Neglect
- Negligent Security
Our personal injury attorneys have the knowledge in premises liability law that you need for any type of accident or injury that occurred on someone else’s property.
Injuries & Costs Associated With Premises Liability Accidents
Premises liability incidents can lead to a wide range of injuries for victims. The types of injuries sustained due to the negligence of property owners are so vast that any list we provide would be incomplete. Some of the most common types of injuries associated with premises liability claims include:
- Head or facial injuries
- Traumatic brain injuries or concussions
- Spinal cord trauma
- Whiplash
- Severe bruising or contusions
- Fractured or dislocated bones
- Lacerations or puncture wounds
- Severe burn injuries
- Internal trauma
In addition to these traumatic injuries, it is crucial to acknowledge the unseen injuries associated with premises liability incidents. Victims often experience multiple types of emotional and physical pain and suffering related to their injuries, recovery process, and any lasting disability. It is important to recognize both the physical pain and the emotional and psychological trauma our clients sustain, such as:
- Sleeplessness
- Anxiety
- Stress
- Symptoms of post-traumatic stress disorder (PTSD)
Who Can Be Held Liable for a Premises Liability Accident?
There may be various parties who can be held liable after a premises liability incident in Texas. These claims typically revolve around property owners or those responsible for a particular area, such as tenants, landlords, property managers, etc. Some of the possible liable parties include:
- Property Owners: This can be individuals, businesses, or government entities. It’s important to note that filing a personal injury lawsuit against a government entity or employee involves different processes and deadlines. Consult your injury attorney for assistance with claims against a Texas government entity.
- Property Managers: Often responsible for the upkeep and management of the premises, property managers can also be held liable. In such cases, it may be prudent to file a lawsuit against both the property manager and the property owner.
When determining who should be held liable, your attorney will lead the investigation. They will conduct an extensive inquiry into the incident, inform you of their findings, and recommend the best course of action. The ultimate goal is to demonstrate that the property owner or responsible party owed you a duty of care, breached this duty through negligent actions, and caused you harm. By proving these elements, you can build a strong premises liability case.
Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Premises Liability Accident lawyer. Premises Liability Accident cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
Potential Damages in Your Personal Injury Case
In a premises liability lawsuit in Texas, our team at Dunham & Jones strives to recover both economic and non-economic compensation for every client we assist.
Economic Damages
Economic damages revolve around calculable losses that victims sustain. These are referred to as calculable because we can gather receipts, invoices, and bills that the client receives or is likely to receive as a result of the incident. These can be added up to provide a concrete total to insurance carriers or a personal injury jury. Some of the most common economic damages associated with Texas premises liability claims include:
- Emergency medical bills
- Ongoing hospital, surgical, or doctor costs
- Coverage of physical therapy, rehabilitation, medical devices, and medications
- Lost income if a person cannot work
- Various household out-of-pocket expenses
Non-Economic Damages
Non-economic damages associated with a premises liability claim revolve around less calculable expenses. Often referred to as “pain and suffering” damages, these can be broken down further to include:
- Physical pain and suffering endured by the victim
- Emotional and psychological pain and suffering
- Loss of enjoyment of life
- Loss of consortium for a spouse or family members
Our goal at Dunham & Jones is to ensure that all aspects of your suffering and loss are accounted for and compensated. By thoroughly documenting both economic and non-economic damages, we aim to present a comprehensive case that maximizes your financial recovery.
How Much Compensation is Available?
The amount of compensation available to premises liability victims in Texas can vary widely, as there is no set amount for these cases. Several factors influence the final settlement or jury verdict, including:
- Severity of Injuries: More severe injuries generally result in higher compensation.
- Recovery Time: Longer recovery periods can increase the amount of compensation due to ongoing medical expenses and lost wages.
- Insurance Limitations: The at-fault party’s insurance coverage limits can affect the compensation amount.
- Total Assets of the At-Fault Party: If the at-fault party has significant assets, there may be a higher potential for compensation.
- Shared Fault: If there was any shared fault in the accident, the compensation might be reduced accordingly.
- Other Factors: Other relevant factors can include the impact on the victim’s quality of life, emotional distress, and the need for long-term care.
To ensure you receive the compensation you deserve, it is crucial to work with an experienced premises liability lawyer. Your attorney will guide you through the entire process and enlist the help of trusted economic and medical experts to accurately calculate your losses. This comprehensive approach helps prevent you from being taken advantage of by insurance carriers or other involved parties.
Texas Premises Liability FAQs
What is premises liability in Texas?
Premises liability is the legal responsibility of property owners and occupiers for injuries caused by unsafe conditions on their property. Common cases include slip and falls, trip hazards, falling objects, inadequate security, swimming pool accidents, and dog attacks on a property.
What do I have to prove in a Texas premises liability case?
For a business visitor (invitee), Texas law generally requires proof that the owner knew or reasonably should have known of a condition posing an unreasonable risk of harm, failed to use reasonable care to reduce or eliminate it, and that failure caused your injury. The duty owed is lower for social guests and trespassers.
Who can be held liable for an injury on someone else’s property?
Liability may fall on the property owner, a tenant or business in control of the area, a property management company, a maintenance or security contractor, or a government entity for public property. Claims against government property owners have shorter notice deadlines and damage caps.
What should I do if I’m injured on an unsafe property?
Report the injury to the owner or manager and ask for a written incident report. Photograph the hazard before it is fixed, keep your shoes and clothing, collect witness names, and get medical care. Ask the business to preserve surveillance video, which is often overwritten within days.
Can I recover if I slipped and the store says I should have watched where I was going?
Yes, often. Texas comparative fault reduces your recovery by your share of responsibility, and you can recover as long as you are not more than 50% at fault. Stores often argue a hazard was open and obvious, so evidence about lighting, warnings, and how long the hazard existed is important.
How much does it cost to hire a premises liability attorney?
Dunham & Jones handles premises liability cases on a contingency fee basis. There is no upfront attorney’s fee, and the fee is a percentage of any recovery set out in a written agreement. If there is no recovery, you owe no attorney’s fee. Call 888-222-9746.
General information about Texas law, not legal advice. For a free injury case review, call 888-222-9746.
Speak to a Premises Liability Lawyer in Texas Today
Property owners and their insurance companies often make it difficult to collect fair financial compensation for an injury. The property owner may deny liability, or the insurer may devalue your losses. Before signing anything given to you by an insurance company, discuss your case with a lawyer at Dunham & Jones, Attorneys at Law. Don’t navigate the complexities of a premises liability claim alone. Call us today at 888-222-9746 for a free consultation to discuss your injury case and learn how we can assist you in seeking justice and fair compensation for your injuries. Let us stand by your side and advocate for your rights every step of the way.
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