Dallas Premises Accident Lawyer
If you are injured on another person’s property and that injury occurred due to unsafe conditions or negligence, the property owner, or the entity “in control” of the property at the time, can be held liable in Texas.
When you’re on someone else’s property, you expect them to take measures to protect your safety. In fact, property owners have a duty to maintain safe premises. Whether you are visiting an apartment complex, just walking around a building or store, or in someone’s home, you should not have to worry about hidden dangers that can harm you or a family member. Unfortunately, there are often hazardous conditions lurking that cannot be seen that can cause serious injury.
You may be eligible for compensation under such circumstances, but you’ll likely need the help of a Dallas premises liability lawyer. The Law Offices of Charlie Waters can get you fair compensation when someone else leaves you suffering.
Who’s Liable?
When you’re injured in a premises liability accident in Dallas, you’ll first need to find out who was responsible for the property, and that’s not always easy. Sometimes, like at commercial locations, there may be multiple legal entities that had control, or shared control, of the property. To find out who had control or right of control might take a private investigation. An experienced premise liability lawyer knows how to find out who was in charge and the person(s) responsible for your suffering. So, who is responsible if you were injured by property hazards?
Typically, the property owner is responsible for injuries that happen on their property, even if they were not present when the accident occurred. Yet, it’s not quite that simple. In Texas, liability also depends on why you were on the premises and how the law in Texas “classifies” your presence.
In Texas, a person injured as a result of a dangerous property condition will fall under one of three general classifications with different property owner responsibilities and duties owed to each. The classifications are “invitee,” “licensee,” and “trespasser.” A good premises liability lawyer understands these classifications well and knows how to navigate them in preparing your case.
However, keep in mind that property owners may not be liable if they warned you of the danger or if the hazard or condition was open and obvious, and something you should have seen and appreciated. For example, if there was a sign that warned visitors to avoid something and you failed to heed that warning or if an area was fenced off, but you chose to go around the fence anyway.
Compensation for Your Injuries
You’ll also need to ensure that your claim includes all the damages you’re seeking and how much they’re worth. While getting justice can give you peace of mind, you’ll also need that financial compensation to overcome your suffering and recover.
This should include both your economic and non-economic damages. These damages, called compensatory damages, should cover the losses you’ve suffered, financial or otherwise. Unfortunately, finding your intangible damages like emotional trauma can be more difficult to estimate. You may need an accident lawyer’s resources and experience to successfully calculate these claims and make sure you don’t leave a single dollar behind when it comes to a settlement.
If you’re injured in a slip-and fall accident or other accident on someone else’s property, you may be entitled to some or all the following damages:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of earning capacity
- Mental anguish
Texas Laws Affecting Your Claim
While you might have already found the full worth of your claim and who’s responsible for those expenses, you may still need help with your claim in Dallas. Texas laws will affect the amount you receive and whether you receive any compensation at all As such, you may need to fight back if your compensation is threatened.
First, you’ll need to make sure you’re acting in time. As a Texas resident, you’ll need to file your claim within two years, with few exceptions. If you don’t act in time, you may be barred from your recovery. That leaves you without the compensation you need to recover.
Even if you act in time, though, your compensation isn’t necessarily safe. Texas also has modified comparative negligence laws, which means that your compensation can be reduced by the amount of fault you’re found responsible for.
For example, you might have been texting when you slipped and fell. Because you weren’t paying attention, you might be found 10 percent at fault for your accident (for example). That means you’ll only receive 90 percent of the total compensation you deserve for our accident. Knowing this, you’ll need to protect your premises liability claim to get the full amount you deserve.
Contact a Premises Liability Attorney in Dallas
Your premises liability accident might have left you dealing with significant losses. You deserve to be compensated for all the ways you’ve suffered, but you don’t have to deal with an injury claim on your own. Speak with a Dallas premises liability lawyer at The Law Offices of Charlie Waters at 214-742-2223 or complete the form below.
