Trustworthy Legal Counsel for Your Premises Liability Claim
The owner or possessor of a premises has a duty to ensure there are no unreasonably dangerous conditions occurring on the premises that foreseeably cause someone injury. Hidden obstructions or dangerous, invisible environmental factors caused by careless property owners can create tremendous damage to our health.
Proving the liability of a property owner or possessor of a premises for injuries occurring on the premises is complicated. Our team of premises liability attorneys have the knowledge and experience it takes to fight and win a premises liability case. Our team of lawyers at Gonzalez Druker Law Firm are ready to assist you in getting the compensation you deserve.
Call Gonzalez Druker Law Firm, PLLC at (956) 728-9191 to get a free consultation with one of our experienced premises liability attorneys in Laredo, or contact us online.
What is Premises Liability?
Landowners have a responsibility to ensure their property is reasonably safe for visitors. If they fail to do so and an injury results, the landowner may be held liable. There are numerous types of premises accidents, which can range from slip and fall accidents to workplace explosions, and exposure to toxic substances.
Tragically, many of these accidents could be preventable if properly cared for by the property owner. Common types of premises accidents include:
- Slip and fall accidents: Commonly caused by uneven and damp surfaces, loose floorboards, faltering staircases, obstructed hallways, and/or poor lighting. It is the responsibility of the property owner or possessor of the premises to make sure that highly visible and clear warning signs are placed for the safety of anyone passing by on the property. No matter the scenario, however, the owner or possessor of the premises has the duty of ensuring the safety of visitors through the means of clear, visible warning signs.
- Workplace Accidents: Injuries often result when a dangerous condition is created by a property owner’s failure to implement or follow reasonable safety procedures. In some instances, there could be fires and explosions that cause life-altering injuries. Often these incidents could have been averted with the exercise of reasonable care or adequate warnings of the known or foreseeable hazards.
- Deficient security: An example of this is a premises where there is a history of illegal activity occurring on the premises and the owner does not take reasonable steps to protect or warn guests about the dangerous condition. Under those circumstances, the property owner may be liable if you are injured on the premises by a foreseeable incident that the property owner or possessor failed to warn you about.
What Types of Compensation Can I Seek in a Premises Liability Case?
Victims may seek various types of compensation:
- Medical expenses are a common type of compensation sought, covering past, present, and future medical bills related to the injuries suffered in the accident.
- Lost wages or income can also be sought if the injuries result in the inability to work or a loss of earning capacity.
- Compensation for pain and suffering aims to address physical and emotional pain, mental anguish, and the loss of enjoyment of life caused by the injuries.
- Additionally, individuals may seek compensation for property damage if their personal belongings were damaged or destroyed in the incident.
It is important to note that the specific types and amounts of compensation can vary depending on the circumstances of the case and the applicable laws. Consulting with a qualified premises liability attorney in Laredo, TX is essential to understand the available compensation in your situation.
How is Liability for a Premises Liability Injury Determined in Texas?
In Texas, premises liability cases revolve around the concept of duty of care. Property owners are legally obligated to keep their premises safe for visitors. The determination of liability in these cases follows a structured approach:
- Establishing Duty of Care: The law categorizes visitors as invitees, licensees, or trespassers, each with varying levels of care owed to them. For example, a customer in a store (invitee) is owed the highest level of care, including regular inspections and warnings about any potential hazards on the premises.
- Breach of Duty: If a property owner fails to maintain safe conditions or warn about potential dangers, it is considered a breach of duty. This can include things like wet floors without signage, poor lighting, or unaddressed hazards.
- Causation and Damages: The breach must directly cause the visitor’s injuries. Demonstrating this causation, alongside documenting the damages like medical bills or lost wages, is crucial.
Establishing liability in Texas premises liability cases requires a thorough investigation into the circumstances of the accident. Understanding these legal intricacies is essential in presenting a robust claim for compensation after premises liability injury.
How Much Is My Premises Liability Injury Claim Worth?
Placing a value on a premises liability claim in Laredo, Texas, is a complex process influenced by numerous factors. Key elements impacting the value of a claim include:
- The Severity of Your Injuries: Serious injuries resulting in long-term disability or chronic pain are typically valued higher due to their profound impact on one’s life and additional medical care requirements.
- Your Medical Expenses: All past, current, and anticipated medical costs related to your injury are considered. This can range from emergency treatment and surgeries to rehabilitation and ongoing therapy.
- Your Lost Wages and Earning Capacity: Compensation can cover not just your lost wages but also your diminished earning capacity if your injury affects your ability to work in the future.
- Your Pain and Suffering: Non-economic damages, such as pain, suffering, and emotional distress, significantly contribute to the claim’s value.
- The Impact on Your Quality of Life: If, because of your injuries, you can no longer enjoy the same lifestyle, hobbies, and daily activities, this must also be taken into account.
It is important to note that each claim is unique, and its value will vary based on the specifics of the case. An experienced Laredo premises liability attorney can offer a more detailed evaluation based on your individual circumstances.
How Long Will My Premises Liability Injury Claim Take?
The duration of a premises liability claim in Texas is influenced by various factors, making it challenging to predict an exact timeline. Key elements that affect the length of the claims process include:
- The Complexity of the Case: The more complex the case, especially if it involves severe injuries or disputed facts, the longer it may take to resolve.
- Negotiations with the Liable Insurance Companies: Negotiations with the liable insurance companies can be prolonged, particularly if they dispute liability or the extent of your damages.
- The Legal Proceedings: Most personal injury cases are settled outside of court. But, if the case has to go to trial, the court’s schedule and the need to gather detailed evidence and expert testimony can significantly extend the timeline.
It is important to have realistic expectations regarding the timeframe of your case. While some cases may settle in a matter of months, others might take years, especially when they must go to trial. An experienced premises liability attorney can help streamline the process and work toward a timely resolution.
How Long Do I Have to File a Premises Liability Injury Claim in Texas?
In Texas, the statute of limitations for premises liability claims is a critical aspect that must not be overlooked. This legal timeframe determines how long you have to initiate a lawsuit after the injury occurs. Here is what you need to know:
- Two-Year Limitation: Generally, you have two years from the date of the injury to file a claim. This period applies to most premises liability cases in Texas.
- The Importance of Timeliness: Missing this deadline can result in losing your right to pursue compensation, making timely legal action essential.
- Exceptions to the Rule: Certain circumstances might affect this timeline, such as when the injured party is a minor or in cases involving government entities, where different rules might apply.
Given the complexity and variations in the statute of limitations, consulting with a knowledgeable Laredo premises liability attorney as soon as possible after an injury can ensure that you meet all necessary legal deadlines and preserve your right to seek justice.
Fast-Track to a Fair & Reliable Trial
When determining if a property owner or manager is at fault for the damage you received from getting hurt on their property, it is important to remember that in Texas, you have a two-year deadline to file a case. Therefore, you need swift support from premises accident lawyers in Laredo before the time runs out. You can rely on our trustworthy Laredo premises liability attorneys at Gonzalez Druker Law Firm, PLLC to aggressively pursue your claims, so you can maximize the compensation you deserve.
Get started today by calling us at (956) 728-9191 or contacting us online to schedule your free consultation.