Premises Liability

In Charge of Safety

Business owners, commercial property owners, city governments, and residential property owners – all have a duty to those visiting their property to keep their premises safe. Problems arise when a property owner or occupier fails in regard to that duty.

Injuries resulting from poor construction and maintenance of a building or piece of property are extremely preventable, and that is why Texas courts take these cases very seriously. Accidents happen when you least expect them – and when a property owner is or should be on notice that there is a problem on their premises, they must address that problem. One example of a typical accident that occurs is called a “slip and fall”. Slip and fall accidents occur mostly where there are liquids, grease or food, and on older or much-used premises where there has not been adequate upkeep. Other accidents occur on public streets, sidewalks and other public locations that lack proper maintenance by governmental entities.

If you or a loved has been injured by another’s inadequately maintained or dangerous property, your situation requires immediate legal representation so that justice may serve to compensate you properly. Finding someone who knows how to handle insurance companies and their lawyers, and what to address medically and legally, will not only protect you from losing the settlement you deserve, it may also protect you from long-term or latent health problems.

Ordinary Care

A property owner or occupier who fails to use ordinary care to reduce or eliminate a risk or a danger on the premises that the owner/occupier knows or should know about while exercising that ordinary care, may be held liable for any injuries that may result.

Ordinary care means that degree of care used by an owner or occupier of ordinary prudence under the same or similar circumstances. If the property owner breaches their duty to keep their property safe, then it is likely that such a breach is the proximate cause of any injuries sustained on their premises.

The cause of action may be based in negligence, but can also be a civil action for an intentional tort. The statute of limitations for suing someone in Texas for personal injury in tort is two years from the date of accident or injury.

Money Damages from Premises Liability

Financial recovery can include present and future medical bills. Other potential areas of compensation, depending on the facts of the situation, are mental pain and suffering damages, lost past and future wages, permanent impairment/disfigurement, punitive damages, wrongful death damages and loss of enjoyment of life.

Having the right lawyer on your side can protect your interests during this difficult time.

“Progress flows only from struggle.”
Supreme Court Justice Louis D. Brandeis
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