Premises Liability Accidents

If you or a loved one has experienced an injury on another person’s property in Texas, you could be eligible for compensation to recover your losses.

Property owners bear the responsibility of ensuring that their premises are safe for visitors, and they must prevent unsafe conditions that could lead to harm. With their ownership comes an awareness of potential dangers that visitors might face, demanding prompt action to address these issues and avert accidents. Regrettably, this duty isn’t always fulfilled, leading to severe accidents and injuries. In such cases, property owners might be held accountable for their negligence in putting others in harm’s way.

Smith Magincalda possesses the expertise and understanding required to hold accountable those who have neglected to maintain secure premises, leading to avoidable injuries. You shouldn’t have to confront the consequences of their actions on your own. We stand alongside you in the pursuit of justice. Reach out to us at +1 (888) 322-4665 to arrange a complimentary consultation with an adept and committed premises liability attorney in Texas.

Steps to Take After a Premises Liability Incident in Texas 

The aftermath of a premises liability incident can be disorienting. While uncertainty about legal actions against property owners may arise, it’s wise to prepare for the potential need to seek compensation.

Taking the following steps can protect your rights and establish a strong foundation for your case:

1.     Report the Incident: Notify the property owner or manager about the accident. If it happened at a business, complete an incident report with detailed information about the incident, its circumstances, and your injuries. If needed, involve local law enforcement to file a police report.

2.     Gather Evidence: Take photos of the accident site and any visible injuries. Document factors contributing to the incident, such as wet floors or damaged pathways. Capture the source of any liquids or substances involved. Also, photograph personal items damaged during the incident, like a broken watch or cellphone.

3.     Speak to Witnesses: If witnesses were present, talk to them about their observations. Collect their names and contact details for potential witness statements.

4.     Seek Medical Care: Seek medical attention after the incident, even if injuries seem minor. Some injuries manifest later. Adhering to recommended treatments and follow-ups is important, as gaps in treatment can impact insurance claims.

5.     Consult a Texas Premises Liability Attorney: Engage an experienced attorney to guide you through the legal process.

6.     Investigate the Incident: Your attorney will examine evidence to determine liability and request insurance information from the property owner. Different insurance policies may cover incidents on the property.

7.     Maintain Records: Keep copies of all case-related documents, including hospital bills, therapy records, and prescriptions. These documents serve as valuable evidence.

8.     Negotiate Settlement: If necessary, your attorney will draft a demand letter outlining your claim. Negotiations with the property owner or insurer for a fair settlement may follow. If agreement isn’t reached, mediation could be scheduled.

9.     Prepare for Trial: If a satisfactory settlement isn’t achieved, your attorney may proceed to litigation, presenting your case before a judge and jury to secure compensation.

Understanding Damages in a Texas Premises Liability Case

Following a premises liability incident, injured parties commonly incur damages. These fall into two main categories, available in insurance claims and legal proceedings: economic and non-economic.

Economic damages encompass costs related to the injury, including:

• Past and Future Medical Expenses
• Out-of-Pocket Costs
• Property Damage
• Lost Wages
• Loss of Earning Capacity     

Non-economic damages involve physical and emotional injuries, including:

• Pain and Suffering
• Emotional Distress
• Permanent Disability or Disfigurement
• Loss of Enjoyment of Life
• Loss of Consortium
  
  

Damages aim to restore a person’s well-being after an accident, compensating for losses like medical treatment. The responsible party or their insurer should bear financial responsibility for these damages. Holding them accountable for their actions is your right, allowing you to pursue the maximum compensation you deserve.