Texas property owners and occupiers have an obligation to protect guests, customers, and others from unreasonable hazards in their homes or businesses. If they fail to address a hazard as soon as possible or warn you about a known danger, you could suffer injuries. Some of the most common premises liability injuries occur because of:
- Spills, trip hazards, and other slip and fall dangers;
- Dog bites;
- Diving or swimming pool accidents;
- Electrical hazards; and
- Other unaddressed dangers.
If you suffered injuries in an accident on someone else’s property, a premises liability lawyer in Port Arthur can help. No matter how your accident happened, the legal team from D. Miller & Associates, PLLC, can explain your legal options for holding the property owner accountable. We can help you understand your rights and file an insurance claim or personal injury lawsuit on your behalf. Our lawyers offer free case reviews and no-obligation consultations. Call our office today at 713-850-8600 to get started.
Types of Damages Available From a Premises Liability Claim
The damages available to you through a successful insurance claim or lawsuit depend on the severity and nature of your injuries and other losses. For example, a victim who suffers a broken bone will not recover as much as someone who experienced a brain injury after a fall. For this reason, the value of this type of case and the damages available can vary widely.
Some of the most common damages we can recover for our clients include:
- Medical expenses;
- Rehabilitation and therapy costs;
- Ongoing care expenses;
- Lost wages and future lost income;
- Property damages;
- Miscellaneous out-of-pocket costs;
- Pain and suffering damages; and
- If a loved one died in a premises liability accident, wrongful death damages.
Once we complete a full investigation and have a good understanding of the damages you suffered, it will give us a good idea of the range of your losses and allows us to estimate a fair range for a settlement.
Because we see many cases like yours, we are often able to identify damages you might overlook if you handled your case on your own. Even if you decide to file a claim without discussing your case with us, we recommend you talk to a Port Arthur premises liability attorney before signing any type of settlement agreement. An attorney can make sure a settlement offer is fair before you accept it.
The Role of Negligence in a Premises Liability Case
Premises liability cases center on the negligence of the property owner. In general, the elements required to prove negligence and liability are:
- The property owner had a duty to protect you from unreasonable hazards, or warn you if they could not immediately repair the hazard;
- The property owner failed to uphold this duty;
- The hazard in question caused you to suffer injuries; and
- You suffered compensable damages, including injuries and financial losses.
To prove negligence and build a strong case for compensation, we conduct an investigation into every case we handle. This process includes:
- Requesting copies of the police report and other reports about the accident;
- Collecting all available evidence;
- Watching videos of the incident, when available;
- Interviewing witnesses who saw your injuries occur;
- Surveying the scene, taking pictures, and documenting the hazard;
- Analyzing the evidence to determine what happened and why;
- Enlisting the help of experts and specialists, when necessary; and
- Collecting bills, receipts, and other documentation of your damages.
Navigating the Texas Premises Liability Process
Once we have a solid case showing the property owner negligently exposed you to an unreasonable hazard, we can approach their insurance provider and demand payment for your damages. We do this by outlining our case and your losses in a demand letter.
Usually, the response is a low-ball offer far below the fair settlement range. However, this offer is the first step in a series of aggressive settlement negotiations. Using this back-and-forth process, we can frequently reach an agreement and recover fair compensation for our clients.
The property owner and their insurance company want to avoid court as much as we do. This provides an incentive to offer a better settlement that falls within our range of fair values. On the rare occasion that an insurer refuses to work with us and litigation is necessary, the Texas statute of limitations gives us two years from the date you suffered injuries to file a lawsuit.
Protected Guests and Unprotected Trespassers Under Texas Premises Liability Laws
Texas law extends protection to many of the people who would be on someone else’s property. Any of the following parties can hold the owner liable if they suffer injuries on someone else’s property:
- Invited guests;
- Anyone bringing a delivery; and
- Others visiting the property for the owner’s benefit, even if they were not expressly invited.
Trespassing adults, however, cannot hold a property owner liable for their injuries. Children or teens who trespass may still be able to recover compensation, depending on the facts of their case. If an attractive nuisance—such as a trampoline or a swimming pool—was present, you might be able to file a successful claim if your child suffered injuries on someone else’s property.
If your child is in this situation, we can help you understand your options. You could still be able to hold the property owner accountable for the damages they suffered.
Talk to a Premises Liability Lawyer in Port Arthur About Your Injuries.
The premises liability attorneys from D. Miller & Associates, PLLC, offer free case evaluations where we can explain your rights and the strength of your case. We can help you understand your options for compensation and build a solid case on your behalf.
Call our Port Arthur team today at 713-850-8600.