Although you must accept at least some risk of getting hurt when visiting someone else’s property, you do not have to accept the consequences. Commonly, accidents on private or public property result from preventable hazards that a responsible landowner or manager should have already addressed. When injured on another person’s property, you could have grounds to demand civil compensation for your accident-related losses.
Of course, believing a property owner is liable for your accident is very different from proving them liable in civil court or getting them to accept liability during settlement negotiations, as our experienced personal injury lawyers know all too well. When you want to effectively demand the money you deserve after an incident like this, you will undoubtedly need help from a seasoned Colleyville premises liability lawyer at our firm who has successfully handled cases like yours.
When Are Landowners Liable for Injuries?
One crucial thing anyone considering a “premises liability” lawsuit should understand is that landowners are not automatically liable for every accident that occurs on their property. Instead, the basis of a successful premises liability claim is establishing that a specific “breach of duty” by the landowner or manager was the cause of the accident, which would not have happened if not for their carelessness.
The precise “duty of care” that a property owner owes to a visitor varies depending on why the visitor is on the property, which a knowledgeable Colleyville premises liability attorney can explain in more detail. Landowners owe the smallest duty of care to trespassers, who generally can only sue for injuries they sustained due to the landowner’s “willful or wanton” misconduct—for example, setting a trap designed to injure trespassers.
Landowners owe a more significant duty to “licensees” like private houseguests visiting for their own purposes. These guests could have grounds to sue for injuries caused by hazards that were not “open and obvious,” such as those the landowner knew about but did not fix or warn about. Finally, property owners owe the most significant duty of care to “invitees,” like store customers visiting for the owner’s benefit. An invitee could file suit over injuries caused by hazards the landowner should have known about through regular property inspection.
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What Could Prevent a Claimant From Recovering Financial Compensation?
As with any personal injury claim, an injured person who holds some fault for causing or worsening their own injuries could receive a reduced settlement award based on their percentage of “comparative fault” for the accident. Furthermore, Texas Civil Practice & Remedies Code §33.001 states that the plaintiff cannot recover civil compensation if they are primarily at fault for their own injury.
It is important to remember that TX Civ. Prac. & Rem. Code §16.003 generally gives injured people no more than two years after getting hurt through someone else’s negligence to file suit. There are few exceptions to this deadline, so contacting a Colleyville lawyer as soon as possible after a property liability incident could be essential to building a strong claim.
Colleyville Premises Liability Lawyer Near Me (817) 775-5364
Contact a Premises Liability Attorney in Colleyville for Assistance
Whether you fell, got hurt by a falling object, or were exposed to fire or electricity on another person’s land, filing a premises liability suit can present many challenges. Without guidance from a legal professional who has gone through similar proceedings before and comes out with favorable results, you may have trouble collecting the compensation you deserve.
Getting paid fairly for your damages on another person’s property begins with contacting skilled legal counsel. Call today to learn how our Colleyville premises liability lawyers could assist you.
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