Irving Premises Liability Lawyer
Premises liability cases could arise due to many different situations. Property owners, ranging from government institutions to mom and pops shops, to private residences, all could face liability if they fail to keep their visitors safe from potential harm.
If you or a loved one were injured while on another’s property, you might benefit from the guidance and support of a diligent personal injury attorney. Negotiating with insurance companies and fighting against defense law firms could be complicated on your own. An Irving premises liability lawyer could take you through the step by step process of seeking legal recovery from a negligent property owner.
What is Premises Liability?
Premises liability is a type of personal injury case that compensates those that have been injured on another person’s property. As opposed to other personal injury cases, where defendants might be held liable for a negligent or intentional act that they commit, premises liability cases hold property owners liable for hazards on their land.
In a negligence case, the plaintiff’s Irving premises liability lawyer has to show that the defendant owed them a duty of care and breached that duty of care, which was the cause of the victim’s injuries. They also have to prove that the landowner breached their duty by failing to exercise reasonable care in the maintenance of the property. However, property owners owe different duties of care, depending on the type of visitor that enters the premises.
Landowners owe licensees, social guests and others that are given permission to visit the property, a duty to warn them of dangerous conditions that they would not likely discover. Invitees are afforded the greatest protection. These are people that enter the property for the financial gain of the owner, such as shoppers or patrons.
Property owners have a duty to take reasonable care to keep the property reasonably safe for invitees. While on the other end of the spectrum, property owners do not owe trespassers, those unlawfully present on another person’s property, any duty of care, unless they are a child.
Recovering Compensation for Damages
Premises liability victims in Irving may pursue economic, noneconomic, punitive, and property damages as compensation for their injuries. Economic damages are monetary losses suffered by the plaintiff as a result of their injuries. These losses could include medical bills or out-of-pocket expenses.
Non-economic damages are more difficult to prove. Non-economic damages compensate plaintiffs for losses such as pain and suffering, loss of enjoyment of life, and emotional distress.
Punitive damages, damages used to deter defendants from committing wrongful acts, are awarded at the discretion of the court. The value of any personal property that was damaged during the accident may be sought as well.
When is the Statute of Limitations for Filing a Premises Liability Case?
Plaintiffs must file their case within two years in order to receive damages according to Texas Civil Practice & Remedies Code §16.003.
Seek Help from an Irving Premises Liability Attorney
The impact that a serious injury could have goes beyond the physical. On top of overcoming the hurdles of recovering from an injury, you also have to recover mentally, and financially. These issues altogether could present significant stress.
But the prospect of seeking legal recovery does not have to add your stress. An Irving premises liability lawyer might be able to lend a helping hand. They could help you handle your case, staying updated, and putting in the hours fighting for your recovery, so you do not have to on your own. Start exploring your options today.