Corpus Christi Premises Liability Lawyers
When visiting another person’s property, you have the right to expect that you will be walking into a safe environment. The owners of most properties, whether commercial or residential, aim to keep them in good condition in order to avoid accidents wherever possible. However, if an owner is negligent of their duties, the risk of injury greatly increases and you may be put in serious danger. An accident caused by negligence may result in injuries ranging from lacerations and broken bones to severe illness, head injuries, or in the worst cases, death. These injuries can be devastating and may result in a significant monetary loss if you require medical treatment.
You should not have to suffer a physical and financial burden caused by another person’s irresponsible behavior. The Corpus Christi premises liability lawyers at Brunkenhoefer, P.C. Injury Attorneys are prepared to fight for your right to a safe environment. Our experienced lawyers are ready to make your case and help you fight for the compensation you may need.
Why do I need a lawyer?
When we enter into someone else’s property, we have no reason to have our guard up. As a member of a community, we expect others to take care of their property the same way we do. Unfortunately, this does not always happen. When property owners fall short of their duties to maintain reasonable safety standards, we are put in a dangerous position. Being injured on someone else’s property can be a stressful and traumatic time for you and your loved ones. These injuries are often unforeseen and unexpected. You may be severely injured and left with an enormous pile of bills. This suffering is made worse when the injury and the medical bills were caused by someone else’s negligence.
If you or a loved one has been injured in this way, you may be entitled to compensation. You should not have to take on financial responsibility for an injury you did not cause. While recovering, your primary concern is going to be on getting back to a normal life, not a lawsuit. Having a strong legal advocate can allow you to recover in peace. An experienced legal team understands the law and can maximize your potential settlement. They will also have a deep understanding of your situation both physically and emotionally and they will be able to help guide you on the road to recovery without having to worry about the financial burden. You and your loved ones have suffered enough, let a seasoned legal expert help you get back to normal living.
Types of Premises Liability
The property owner may be held responsible for your injury under several circumstances. The primary component of a premises liability claim is proving that the owner’s negligence directly caused your injury. This may include behavior such as allowing areas on the property to fall into disrepair, failing to use appropriate signage to indicate dangers, or providing inadequate safety and security measures. Additionally, you must indicate that you were not acting dangerously or irresponsibly when your accident occurred.
Of the many possible causes of an injury on another person’s property, the most common include:
- Slip and Fall
- Elevator/Escalator Injuries
- Porch Collapse
- Stair Collapse
- Lead paint poisoning
- Mercury poisoning
- Swimming pool injuries
- Inadequate security
If you have suffered an injury in any of these scenarios, the strength of your claim also depends on whether you were an invitee, licensee, or trespasser on the property. An invitee is a person who is welcome on the property, such as when you are a customer at a store or restaurant, and a licensee enters a property as a social guest or with the express consent of the owner. In these cases, the property owner is legally responsible for injuries you may incur. However, if you enter a property as a trespasser, with no legal right to be on the property, the owner is no longer responsible for your safety.
Premise Liability Frequently Asked Questions
Our firm is deeply dedicated to serving our community. At Brunkenhoefer, P.C. Injury Attorneys we understand that you may be going through an incredibly difficult time after you or a loved one has been hurt on someone else’s property. In an effort to best serve our community, here are the answers to some questions we commonly hear at our firm:
What is negligence?
Negligence is when someone through action or inaction fails to act in a way that is considered reasonable. For premises liability injury law, this means that the landowner failed in the upkeep of their land. They are deemed negligent if they have allowed their property to fall into a state of hazard that a reasonable person would not allow.
What is duty of care?
A property owner owes anyone who may be on their land a ‘duty of care.’ What this means is that the property owner must keep their land safe within reasonable standards. The law classifies anyone who may enter a property into 3 categories. They are an invitee, licensee, and trespasser. The owner’s duty of care is different to each one of these categories. An invitee has the most protection from hazards on the property. An owner is only liable to a licensee if the landowner knew the safety risk existed and the licensee is likely unaware. Trespassers have no legal protection unless they are a minor.
What if I am partially to blame?
The state of Texas follows modified comparative negligence laws. This means that a court will rule on how much blame the victim and landowner each hold as a percentage. If the court rules that the victim is 10% responsible for the injury, they can recover up to 90% of the potential damages. If the court finds the victim to be 51% responsible or more, the victim cannot seek compensation.
How long do I have to file a case?
If you or a loved one has been injured or killed in a premises liability accident you have 2 years to file a case. These lawsuits would fall under personal injury or wrongful death and must be filed within 2 years of the injury or death date. In Texas, if you are filing a lawsuit against a government body, you must file within 6 months of the injury date. You must also file a notice with the specific governmental body. A qualified attorney can help you follow all guidelines and filing rules.
What types of compensation are available?
If you have suffered an injury on someone else’s property, you may be entitled to a variety of compensation types. For a personal injury lawsuit you can collect damages for the following:
- Pain and suffering
- Medical expenses
- Mental suffering
- Loss of wages
- Impairment or disfigurement
If you have lost a loved one in a premises liability accident, you may be able to collect compensation on their behalf. Wrongful death compensation types include:
- Loss of wages
- Loss of inheritance
- Emotional pain of survivors
- Loss of companionship
Contact a Corpus Christi Premises Liability Lawyer
If you are struggling with an injury you received on another person’s property, a premises liability lawyer at Brunkenhoefer, P.C. Injury Attorneys may be able to help. We understand that significant expenses may result from any sort of injury and, if your injury occurred from another person’s negligence, you should not have to suffer this burden alone. Our lawyers will help you understand your rights and enable you to get justice. To discuss the specifics of your case, contact us at (361) 888-8808 today.