If you went shopping, visited a restaurant, or stopped by a friend’s house in Beaumont and suffered an injury, you may be able to hold the property owner liable. This applies if the owner failed to warn you about hazardous conditions on the premises.
If you suffered harm because of a Texas property owner’s negligence, contact D. Miller & Associates, PLLC. We can discuss how to recover compensation for the physical damages, emotional injuries, and monetary losses from your accident.
Call a premises liability lawyer in Beaumont at 713-850-8600 for a free, no-obligation consultation. If you have a viable case, we can help you file an insurance claim or lawsuit to pursue compensation for your medical expenses, lost wages, pain and suffering, and other out-of-pocket costs incurred because of your accident.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners accountable for accidents and injuries that happen on their property. Property owners have a responsibility to provide safe conditions for their guests. If they do not keep up their property and fail to warn guests of dangerous conditions, visitors can slip, trip, or fall and injure themselves on the premises.
For example, imagine a visitor to a business office fractured her ankle after tripping over uneven pavement in front of the building. If the property owner received complaints about people falling and hurting themselves and failed to make repairs or place warning signs for visitors to see, they may be liable for the visitor’s injuries.
How Can I Prove the Property Owner Knew About a Hazardous Condition?
We can investigate your accident and gather evidence to show the property owner knew or should have known about dangerous conditions on the premises. We will also show that the property owner did not warn you or other visitors about hazards on the premises and, as a result of the property owner’s negligence, you sustained physical injuries and financial damages.
To prove the property owner was negligent, we may collect:
- Photographs or video from the store or a nearby business of the defective pavement, potholes, or other hazard that caused your injury;
- Previous citations issued against the property owner by a government agency over safety violations; or
- Consumer complaints, personal injury claims, or premises liability lawsuits filed against the property owner over the same property where your accident occurred.
What If My Accident Occurred at Someone’s House?
Whether you were visiting a house or an office building at the time of your accident, property owners have a duty of care to provide safe conditions to guests on their premises. In fact, visitors as have a specific “status” while on certain premises.
Invitees include individuals who conduct business on the property. Customers, clients, and contractors fall under this category.
Licensees are individuals who are welcome on a property, but not to conduct business. It applies to private homes as well as businesses. This category includes family, friends, and other invited guests.
Trespassers enter the premises without the property owner’s consent. The only duty property owners owe trespassers is to not cause injury willfully, wantonly, or through gross negligence.
What Is My Case Worth?
We cannot give you a specific dollar amount without first reviewing your claim. The value of your case depends on the facts of your accident. For example, if you fell and suffered a traumatic brain injury, your claim would include enough money to pay for long-term medical care and in-home assistance, if necessary. If an unrestrained dog attacked you, we would request enough compensation to pay for reconstructive surgery and other losses.
We take a number of factors into consideration when calculating the value of your case. For instance, we look at the costs associated with your accident and estimate what it will take to cover your:
- Current and future medical bills;
- Lost wages;
- Loss of earning capacity;
- Prescription drugs; and
- Medical mobility devices.
In addition to these quantifiable losses, we also calculate your non-economic damages, such as:
- Pain and suffering;
- Emotional distress;
- Scarring and disfigurement;
- Mental anguish; and
- Loss of enjoyment of life.
After we determine a fair value for your losses, we will file a claim with the property’s owners insurer for compensation.
Do I Have to Go to Court Against the Property Owner?
In most cases, we can file a claim with the property owner’s insurance company on your behalf. We can usually negotiate a fair settlement with the insurance company once we provide our proof of the property owner’s negligence. In most cases, we do not have to file a lawsuit to get compensation for our clients.
Sometimes, however, the property owner or an insurance adjuster challenges a claim, refuses to offer a payout, or offers reduced compensation. An insurance company may use these tactics when it does not want to pay to settle a claim. We aggressively counter these challenges to get you the compensation you deserve. If the insurer fails to offer fair compensation, we will file a personal injury lawsuit on your behalf.
What If I Contributed to My Injuries?
If you were partially at fault for your accident or you contributed to your own injuries, you will receive a reduced settlement amount. Texas state law reduces the amount of compensation accident victims receive when they contribute to their own injuries. If you fell at a restaurant, for example, but you were wearing flip flops at the time, the restaurant owner may claim your shoes played a role in your accident. If this applies to your case, our attorneys will fight for the maximum compensation possible under the law.
Let Us Help You File a Premises Liability Claim.
If you suffered an accident on someone else’s property, D. Miller & Associates, PLLC, can help you pursue compensation to pay for your out-of-pocket expenses. Call us now at 713-850-8600 to schedule a free case review with an attorney in Beaumont.