If you want to demand compensation from someone who failed to protect you from harm on their property, you may have a complex legal endeavor ahead of you. While premises liability cases work similarly to standard personal injury claims in many ways, there are some key differences that—if not accounted for—could lead to you getting less restitution than you deserve.
Fortunately, assistance is available from seasoned personal injury attorneys who know how to fight and win on behalf of folks like you. After an accident on someone else’s property, speaking with a skilled San Marcos premises liability lawyer to determine your legal options for recovery should be your top priority.
Types of Premises Liability Cases
DJC Law personal injury attorney San Marcos residents can hire who possess a complete understanding of premises liability. Texas premises liability law ensures the safety of the residents by instructing property owners to keep their premises safe.
Failure to maintain the premises can lead to a wide range of accidents occurring due to unsafe conditions or negligence. As a result, anyone suffering from such an incident will need the guidance of personal injury lawyers in San Marcos.
Here are the most common types of premises liability cases in Texas:
- Slip and Fall Accidents: Premises with slippery floors, uneven sidewalks, damaged pavements, and leaks are susceptible to causing accidents. A San Marcos personal injury lawyer can also find fault in premises with loose rugs, mats, and torn carpeting.
- Inadequate Security Leading to Assaults: Property owners must ensure the safety and security of individuals. Cases can be filed when there’s a lack of security personnel in high-crime areas, when there are broken locks or the entrances are unsecured, especially concerning apartment complexes.
- Dog Bites and Animal Attacks: Unleashed and unrestrained dogs, if they attack other people, the pet owners are responsible for paying the damages. To seek compensation, you will need help from a San Marcos personal injury lawyer. Also when property owners fail to warn visitors about dangerous animals, they are liable to pay.
- Unsafe Stairways and Walkways: Broken or missing handrails on stairs can cause accidents, especially for elders who need support to climb up and down the stairs. Moreover, unmarked steps or sudden drops can cause confusion, leading to an accident.
Toxic Exposure & Chemical Hazards: It’s the duty of property owners to protect everyone from exposure to toxic mold, asbestos, and lead paint. Failure to do so means they can get a notice from the personal injury attorney San Marcos. In addition to this, chemical spills in retail stores, workplaces, and apartment buildings can also cause damage, and are liable for compensation.
When are San Marcos Landowners liable for accidents?
Like most personal injury claims, successful premises liability cases must be built around the legal theory of negligence. In other words, a plaintiff and their attorney must prove a landowner recklessly or carelessly violated a duty of care they owed a guest or visitor and that this irresponsible conduct was the direct cause of an injury sustained on their land.
Importantly, though, the specific “duty” that landowners owe visitors in the Lone Star State can change substantially depending on why the visitor is on their land. For example, landowners do not owe a duty of care to trespassers other than to avoid intentionally harming them. There may be exceptions to this rule when the trespassers are young children.
Otherwise, landowners are obligated to warn all lawful visitors about any property hazards and make reasonable efforts to fix or cordon off those hazards after discovering them. Landowners also owe an extra level of responsibility to “invitees,” who are people visiting the property for the owner’s benefits, like shoppers in a retail store. Property owners need to keep invitees safe by inspecting their public property regularly. A San Marcos premises liability attorney could provide vital guidance about whether a particular property owner’s actions constitute a legally actionable breach of duty.
How does a San Marcos Personal Injury Lawyer Prove Liability?
Winning a premises liability case requires the lawyers to prove the property owner’s negligence. To prove this, we establish the claim based on four key elements of negligence;
- Duty of Care: Property owners need to maintain a reasonably safe environment for invitees and licensees. However, trespassers are not protected by this law.
- Breach of Duty: Property owners failed to uphold their duty of addressing known hazards. A taxi company owner shall not knowingly employ drivers with DWI records. In this case, a San Marcos DWI lawyer will seek compensation from the taxi owner.
- Causation: Unsafe conditions led to the accident and injured the victim. For instance, driving a vehicle under the influence creates an unsafe condition, and a San Marcos DWI lawyer will pursue a legal case using surveillance footage, driver records, and post-accident reports to find fault.
- Damages: The victims need to demonstrate actual harm to receive compensation. To prove damages, they can present medical records, expenses, lost wages, and property damage.
If you have suffered losses or damages due to another person’s fault and on their property, find the best San Marcos product liability attorney, personal injury lawyer, DWI lawyer, and more experts at DJC Law.
Getting paid fairly inside filing deadlines
A comprehensive lawsuit or settlement demand for injuries suffered on private property could seek restitution from a negligent landowner for both economic and non-economic losses. Recoverable damages in these cases could provide payments for:
- Medical expenses
- Lost income
- Lost ability to work in the future
- Personal property damage
- Physical pain from injuries
- Emotional distress and psychological trauma
- Lost consortium
- Lost quality of life
Even if the consequences of an accident are likely to last a lifetime, prospective plaintiffs in Texas generally only have two years after sustaining an injury to initiate legal action, per Texas Civil Practice & Remedies Code §16.003. Support from a seasoned property liability lawyer in San Marcos could be key to building the strongest possible case within this strict procedural time limit.
Contact San Marcos Premises Liability Attorney for help
Successfully achieving compensation from a negligent property owner for your injuries can be challenging to accomplish alone. As far too many people learn each year, there is no shortage of legal pitfalls and procedural obstacles that could get in the way of recovering fair compensation if you proceed without legal representation.
Instead of tackling your case alone, work with a San Marcos premises liability lawyer who has the knowledge and experience to help you achieve the positive case results you deserve. Call today to get started.