Premises liability cases involve people who were injured on someone else’s property. To prove a property owner’s negligence in a premises liability case, a lawyer on our team can help you build evidence to show that the property owner neglected their duty of care — and you were injured as a direct result.
If a negligent property owner’s actions or inactions led to your injury, we can help. You could seek a financial recovery for your medical bills, income losses, pain and suffering, and more.
Property Owners Have a Duty of Care — and Neglecting That Duty is Negligence
All property owners, both public and private, must protect people from harm or danger. For example, a store owner is expected to keep the aisles clear from trip hazards. If a property owner does not maintain a safe environment, he or she may be deemed negligent.
These are examples of negligence:
- A store employee did not clean up a spill, leading to a slip and fall accident.
- Despite repeated requests from tenants, a landlord did not fix an overhead light in a stairwell.
- A homeowner did not have the required fence around a swimming pool.
Proving the Four Elements of Negligence is Key in an Injury Case
Our firm has successfully resolved many premises liability cases. We do so by gathering evidence that proves all four requirements of negligence existed in your case:
- Establish that a person or party has a duty of care: So, the property owner would have a responsibility to keep a property free of hazards.
- Show negligence in not upholding this duty of care: For example, the employees of a hotel left a spilled beverage on the floor of a lobby for several hours.
- Use cause-and-effect to show how this negligence caused injury: Continuing with this example, when you walked on that floor, you slipped on the spill and sustained a broken hip.
- Demonstrate how these injuries caused damages (physical, financial, or mental harm): Because you broke your hip, you required emergency room care, surgery, rehabilitation, medications, visits to a doctor, and other care. You were also unable to enjoy your usual activities for months.
Basically, if a property owner’s actions or inactions were clearly the cause of your injury and you faced losses as a result, you may have a valid case.
Our Injury Lawyers Understand the Challenges of Proving Negligence
Of course, the property owner’s legal representatives or insurance adjusters may try to avoid blame for your accident. They may challenge your claim by:
- Suggesting that you were the cause of your own injury, and not the owner’s negligence. For instance, they could argue that your shoe wear was the real cause of the fall.
- Arguing that your injuries aren’t as serious as they are. In some cases, even if you can clearly show a devastating injury, the insurer will push back.
- Denying that the hazard existed. The insurance company may claim that there is no evidence of the hazard you describe in your claim or lawsuit.
We can prepare your case with solid evidence to refute these claims and seek the best possible results for you.
Our Premises Liability Lawyers Can Help You Seek a Financial Recovery
If your situation shows a clear connection between the property owner’s negligence and your suffering, you may seek a financial recovery. We would seek a recovery for your accident-related expenses by showing evidence of damages.
Evidence of damages might include:
- Medical bills
- Pay stubs
- Receipts from damaged personal property
We believe that you should not have to pay medical bills and other expenses if a negligent property owner caused your injuries.
Homes and businesses carry premises liability insurance coverage. We may seek a recovery for you through an insurance claim or a lawsuit, if necessary.
Several Types of Damages Could be Available in Your Injury Case
Every case is unique, but your damages may entitle you to a fair financial recovery. We have recovered damages that include:
- Medical expenses
- Lost wages
- Pain and suffering
- Personal property damage
- Mental anguish
To determine what you could seek, our lawyers will evaluate your case for free. We can assess your injuries and expenses and tell you if you may have a valid case for recovery.
Our Attorneys Seek to Maximize Your Potential Financial Recovery
Our firm can seek a fair recovery for you. Through careful investigation and negotiation, we can advocate for you in the face of objections from the insurance company. This is true whether you were injured in a private home or on commercial property.
You can also take steps to lay the foundation for a solid injury case. We advise our clients to:
- Get medical attention right away
- Notify the property owner of the injury
- Ask for a copy of the incident report
- Ask potential witnesses for their contact information
- Keep your conversations with an insurer to a minimum
Do Not Make a Statement to the Insurance Company After You are Injured
An insurance adjuster may contact you after your accident. They may want you to make a statement or accept an offer. We advise that you discuss your accident only with your attorney. This includes avoiding posting about your case on social media sites like Twitter, Facebook, and Snapchat.
Insurance companies will look for reasons to deny or undervalue your claim. Any statement that you might make, however casual, could cost you. For example, after a slip and fall accident, you should not make a post claiming that you are perfectly fine. The adjuster can use that post as evidence against your case.
You Have a Limited Period of Time to File a Premises Liability Lawsuit
Another way of seeking a financial recovery following a premises liability accident is by filing a lawsuit. How long you have to take action varies by state. Our lawyers can help determine which deadline applies to you.
That is why you should not hesitate to contact our firm for a case evaluation. It takes time to gather medical bills, pay stubs, and other proof of your expenses.
If You Were Hurt on Another Person’s Property, Call Our Firm Today
You don’t have to be alone in proving that a property owner was negligent in a slip and fall case. Our team can fight for you.
We invite you to contact D. Miller & Associates, PLLC™, at 1 (855) PRO-LAWYERS for a case evaluation. Call today.
Related Frequently Asked Questions
- What Happens If You Can No Longer Work After a Car Accident?
- Do You Need To Hire A Lawyer To Recover Money For A Slip And Fall Injury?
- What Types of Injury Cases Fall Under Premises Liability Law In Texas?
- What If I Am Partly Responsible for an Accident in Texas?
- My Child Was Injured At School – Can I Sue?