Premises liability claims are complicated and particularly challenging to prove. Property owners and their insurance companies rarely admit fault for any accident. If they do offer you compensation, it is usually far less than you need or deserve for your medical bills and losses.
Retaining AK Law Firm lets the insurance adjuster know that you intend to fight for your legal rights and a fair and just recovery. Our Houston abogados de lesiones personales will help you build a strong premises liability case to support your claim and will also:
- Investigate your accident area and obtain copies of your accident report, photographs, medical reports, pay stubs, and business surveillance tapes
- Interview witnesses and get their statements as soon as possible
- Identify all responsible parties and sources of compensation
- Value your premises liability claim
- Hire any needed expert witnesses such as your treating physician, an accident reconstruction expert, flooring expert, vocational rehabilitation therapist, or economic expert
- Negotiate your settlement
- If needed, file a premises liability lawsuit before the statute of limitations for doing so expires
A successful premises liability claim requires proving that the property owner or possessor was negligent in maintaining a reasonably safe property. The accident victim, or victim’s premises liability attorney, needs to show:
- The owner or possessor of the property was responsible for maintaining the property where the accident causing the serious injury occurred.
- The owner or possessor of the property knew or should have reasonably known about the danger and was negligent in maintaining the property or warn of the risks.
- The victim suffered harm.
- The owner or possessor of the property’s negligence was the reason for the victim’s injury.
Common premises liability cases include the following:
- Swimming pool accidents
- Drowning
- Broken or unmarked stairs and other stair-related accidents
- Animal attacks, such as dog bites
- Negligent security
- Insufficient security
- Slippery floors
- Unmarked holes or obstacles
- Collapsed ceilings, decks, or building structures
- Falling objects
- Electrocutions
- Standing water
- Icy sidewalks
- Broken sidewalks
- Mold and mildew inhalation
- Dangerous fumes
- Inadequate lighting
- Loose or missing safety rails
- Unsecured carpeting
Property owners and possessors are not always liable for injuries a person suffers on their property. If there is no way a property owner or possessor knew or should have known about dangerous conditions, then his or her failure to protect others from hazards could be reasonable. However, if an injured person can show that the owner or possessor of the property took some steps to prevent injury to others, but the steps were inadequate, it may still be possible to succeed in making a premises liability claim.
Another way a property owner or possessor may escape liability is the status of the injured party. There are three categories of property entrants, invitees, licensees, and trespassers. A property owner or possessors owes each of these a different duty of care.
- Invitees. An invitee is either a person who enters a property for the financial benefit of the property owner or possessor. This includes business customers and rental property tenants. Property owners, business owners, and possessors owe invitees reasonable care in maintaining safe premises and warning of hazards.
- Licensees. Licensees are invited, guests, and social visitors. Property owners and possessors have a duty to warn licensees of potentially hazardous conditions on the property.
- Trespassers. Trespassers are unlawful entrants on a property or those who remain on a property after being asked to leave. Property owners and possessors do not typically owe a legal obligation to trespassers.
If a property owner or possessor is found liable for a victim’s injuries, compensation for a premises liability claim may include the following:
- Medical bills for all accident-related injuries such as doctor visits, surgeries, physical therapy, prescription medication, and any future medical care and medical expenses
- Lost wages and loss of earning capacity due to missed work and compensation for any decreased future earning ability
- Pain and suffering, or mental and emotional trauma suffered as a result of the personal injury
- Wrongful death when the property owner’s negligence results in the death of the victim. A family member of the deceased may receive compensation for any financial damages, such as loss of income, that result from their loved one’s death. Families may also be able to seek compensation for pain and suffering, loss of companionship, loss of consortium, and more.
Determining the recoverable damages in a premises liability case is nearly impossible without a careful, thorough investigation and evaluation of all relevant facts. Every case is different, and it takes an experienced professional to build a strong premises liability case. At AK Law Firm, a Houston premises liability attorney will evaluate your premises liability claim and give you an honest evaluation of your case.
Determining the recoverable damages in a premises liability case is nearly impossible without a careful, thorough investigation and evaluation of all relevant facts. Every case is different, and it takes an experienced professional to build a strong premises liability case. At AK Law Firm, a Houston premises liability attorney will evaluate your premises liability claim and give you an honest evaluation of your case.
If we agree to take your accident case, you can rely on us to aggressively pursue a remedy for you, and keep you informed every step of the way. The premises liability lawyers at AK Law Firm are attentive, responsive, and compassionate towards our clients.
Our goal is to achieve the individualized results our clients want through conscientiously listening, informing, and advising them. Póngase en contacto con nosotros today to learn more about your legal rights under Texas law and to schedule a free consultation.
