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Unfortunately, many people are injured every year in accidents occurring on another person’s property. Many different types of accidents can be considered premises liability actions.
Premises liability actions can involve extensive legal analysis and research. These claims can prove lengthy, especially in cases involving substantial damages. If you were injured in an incident on property belonging to another person or business, you may be entitled to legal compensation to help cover the expenses of treating and recovering from your injuries.
What is a premises liability claim?
Under the legal concept of premises liability, property owners, managers, and occupiers have the duty to provide a reasonably safe environment for those who visit or reside on their premises, such as customers, patrons, service personnel, or residents. A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury that occurs on that person’s property.
In all states, including Texas, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors. This requirement not only minimizes the likelihood that accidents will occur but also protects victims in the cases where they do. Some of the types of injuries that victims may incur could be caused by accidents due to:
- Slip and falls
- Trip and falls
- Inadequate security
- Malfunctioning stairway, elevator, or escalator
- Poor maintenance
- Poor cleanup
- Insufficient lighting
- Fallen objects
- Dog bites
- Poor weather
While these claim types are the most common, any serious but preventable injury that occurs on another’s property may indicate the right to a premises liability claim. If you or a loved one was injured on another’s property—such as by a falling object or a slip and fall in Lubbock—and you need a lawyer, you should contact a Lubbock Zinda Law Group personal injury attorney as soon as possible. If given the opportunity, a personal injury attorney may be able to help you assess the facts of your specific case and seek compensation accordingly.
consequences OF PERSONAL INJURIES
According to the Centers for Disease Control and Prevention, the total estimated lifetime medical costs associated with injuries in the United States was approximately $671 billion in 2016. Injuries inflict serious hardships onto individuals and communities. Personal injuries sustained during an accident on another’s property can have severe consequences. Victims may not only sustain injuries, but also debilitating disabilities as well. These consequences can leave people with emotional and psychological scars.
An injured person may experience economic hardships, stress, loss of lifestyle, strain on relationships, pain, and suffering. Often times, victims pursue a personal injury lawsuit in the hopes that they will be able to recover more quickly from an accident and its effects. Victims may be left with substantial debt relating to, but not limited to, the following:
- Doctor visits
- Travel expenses
- Reconstructive surgery
- Ongoing treatments
- Prescription drugs
- Caretaker remuneration
- Lost wages
- Anticipated lost earnings
- Future losses
A personal injury attorney may be able to help you better deal with these consequences. While an injury attorney may not be able to fully grasp the extent of your suffering, they may be able to help relieve some of the stress with monetary and financial awards. If you have been injured in an accident on another’s property, you should consult with a Lubbock premises liability attorney about your legal options. The right attorney may be able to help you recover enough to cover all of your proposed expenses and more.
PREMISES LIABILITY LAWS IN LUBBOCK
Premises liability laws allow injured individuals to recover damages from negligent property owners. If someone owns a piece of property, no matter what type, they have a duty to create a safe environment, free from obstacles or hazards. Premises liability claims in Texas can be difficult claims to prove, primarily because these claims require that plaintiffs meet many different elements to succeed in court.
In order to prove liability in a Lubbock premises liability claim, the plaintiff must establish the following three elements:
There was a dangerous condition that caused an injury.
The first thing that premises liability victims must prove is that the property had an unsafe condition. This unsafe condition can include a variety of different factors and circumstances. Common examples of unsafe conditions include slippery floors, defects in a sidewalk, or obstacles within a walkway. The plaintiff must then show that the dangerous condition directly caused the subsequent injury.
The property owner had enough time to correct it.
Second, Lubbock plaintiffs must prove that there was a sufficient amount of time for the property owner to become aware of the dangerous condition and fix it. If the property owner was on notice that the dangerous condition existed, they may be held liable for ignoring and choosing not to fix it.
The property owner did not warn visitors of the condition.
If a property owner warned patrons about the existence of the dangerous condition, they may be able to avoid liability for any resulting injuries. Property owners should act vigilantly when warning their customers about potential hazards. Patrons should be cautious when visiting new places to avoid falling victim to an accident.
Premises liability claims are rooted in traditional theories of negligence. If a property owner acted negligently with the upkeep and maintenance of their property, you may have the beginning of a premises liability claim. If you have been injured in a property-related accident in Lubbock, contacting an attorney may be your best next step. An experienced personal injury attorney may be able to help you evaluate your claim, assess your damages, and allocate liability accordingly.
Types of visitors and premises liability claims
Your legal standing to file a premises liability claim may also depend on what type of visitor you were at the time of the accident. While a landowner is required to exercise reasonable care when maintaining their property, this duty may be limited depending on what type of visitor is on their property.
Texas law identifies three classifications of visitors that may go into someone’s property. Each level of visitor is owed a different, and varying, duty of care by the property owner.
An invitee is someone who has the landowner’s express or implied permission to enter the property. Invitees are usually people like friends, relatives, and neighbors. The landowner traditionally owes an invitee a duty of reasonable care to keep the property reasonably safe for the invitee.
A licensee is someone who has the landowner’s express or implied permission to enter the property but is coming onto the property for his or her own purposes. Licensees are usually people like salesmen. The landowner traditionally owes a licensee a lesser duty only to warn the licensee of dangerous conditions that create an unreasonable risk of harm. However, this duty is typically limited even more. Most Texas courts have ruled that a landowner only owes that duty to warn if the landowner knows about the condition and the licensee if not likely to discover it prior to an accident.
A trespasser is someone who is not authorized to be on the property. Traditionally, landowners owed no duty to trespassers unless the trespasser was a child. In that case, the landowner owed the duty to exercise reasonable care to avoid a reasonably foreseeable risk of harm to children caused by artificial conditions on the land.
The rules governing what type of visitor someone qualifies as can get complicated and convoluted quickly. These rules not only vary from state to state in statutes, but also in court applications. If you have been injured on another’s property and are unsure of your classification, you should contact a Lubbock attorney as soon as possible. A local attorney may be able to help you determine what duty was owed to you at the time of the accident and what you can recover for that specific breach of duty.
call zinda law group’s pREMISES LIABILITY lawyers for help
Premises liability cases can require extensive legal research and analysis. A premises liability claim allows an injured plaintiff to bring a lawsuit against the owner of a property where their injuries were originally sustained. There are many different types of accidents that can give rise to a premises liability lawsuit.
A personal injury attorney may be able to help you and your claim succeed in court. While some plaintiffs choose to never retain counsel, speaking with a professional may help your case move forward quickly and successfully. Some cases require more attention and analysis than others. Retaining an attorney may help you determine how much time and effort your case will require. If you or a loved one was recently injured on another person’s property, you should contact a personal injury attorney as soon as possible. An experienced Lubbock injury attorney may be able to help you pursue legal recourse, evaluate your claim, and seek appropriate compensation for your injuries.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. Zinda Law Group may be able to provide you with personalized and quality consultation about the specifics of your legal claim. The sooner you contact our office, the better we may be able to serve you.
If you or your loved one sustained injuries in an accident on another’s property, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our Lubbock lawyers. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.