Every property owner in Arlington has a legal obligation to keep lawful visitors safe. This applies to private homeowners as well as those who oversee commercial land. However, the extent of this obligation depends on whether you had permission to enter the property and your motivation for doing so.
Just because you slipped and fell on another party’s property does not immediately grant you the right to pursue compensation. You, as the injured claimant, must prove that the accident occurred due to another party’s negligence. To do this, not only do you need to prove that you were injured on another party’s property, but also that the owner did not take the proper steps to keep you safe.
Collecting evidence, negotiating with the insurance company, and itemizing the cost of your expenses may prove difficult on your own. That is why an Arlington slip and fall accident lawyer can fight for you. The team at Loncar Lyon Jenkins can protect your legal rights while allowing you to focus on your physical and mental health.
In many situations, you may be able to collect fair compensation without needing to go to court. Call in the Strong Arm today at (877) 239-4878 to see how we can help you.
You Have the Right to Safety When Visiting Another Party’s Property
As a general rule, property owners must take precautions to protect people who enter their property. However, the lengths to which an owner must provide protection depends on a guest’s visitation status. As a result, the law separates guests into three categories.
Trespassers are people who enter one’s property without permission. Examples of trespassers can include thrill-seekers, burglars, or patrons who hide in a store after closing. Property owners have little obligation to keep these parties safe. However, they can still be held liable if they intentionally harm a trespasser or exhibit gross negligence.
If you have permission to enter a property for your own benefit, you are a licensee in the eyes of the law. Here, the owner must warn you about unsafe conditions on their premises. These unsafe conditions could include caved-in floors, slippery surfaces, and unleashed animals. Examples of licensees could include people who enter a private home for a birthday party.
Finally, invitees enjoy the highest level of protection under the law. These people enter an area for the benefit of the owner. Shoppers in a department store or patrons in a movie theater are considered invitees. Property owners must warn guests about known unsafe conditions. They must also regularly inspect the property for potential problems.
An Arlington slip and fall accident lawyer could analyze the facts of your case to determine your legal status at the time of the fall. You can call Loncar Lyon Jenkins today at (877) 239-4878.
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Proving That a Property Owner Was Responsible for the Fall
Even if your visitation status grants you certain protections under the law, you still need to demonstrate that the property owner did not uphold their duty of care toward you. Yet, showing that the accident occurred on another party’s property is only one part of the financial recovery process. Along with various pieces of evidence, you will need to provide an account of what happened before, during, and after your fall.
Let’s look at the following hypothetical scenario to discuss issues of liability in your slip and fall accident case. For instance, suppose that a grocery store patron slipped and fell on a puddle of water. Here, the injured person is most likely an invitee, enjoying protections under the law.
Potential evidence that could be used to support this person’s case include:
- A lack of warning signs around the spill
- The spill remaining in place for an extended period of time
- The store not regularly inspecting the store for potential hazards
The legal team at Loncar Lyon Jenkins can help you gather evidence that shows how another party is responsible for your losses. An attorney can also help if the other party tries to shift blame onto you.
Under Texas Civil Practice & Remedies Code §33.001, Texas operates under proportionate responsibility laws. In an accident, both parties may be assigned some percentage of fault. If your portion of fault exceeds 50%, you would be unable to recover damages from the at-fault party.
An Arlington slip and fall accident lawyer can demonstrate that another party’s negligence was the cause of your injuries.
You Will Need to Demonstrate the Accident’s Effect on Your Life
To prove your case, you will need to provide evidence that shows how the accident affected your quality of life. You can first do this by providing the liable insurer with proof of your medical bills.
Other evidence that could support your case include:
- The police report
- Security camera footage, if available
- Statements from your doctor
- Statements from family members and eyewitnesses
- Whether any other personal injury claims had been filed against the property owner
- Your employment records
- Billing statements, invoices, and receipts related to your damages
Your lawyer may be able to use pieces of information not included here.
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When You Call Loncar Lyon Jenkins, You Call in the Strong Arm
According to Texas Civil Practice & Remedies Code §16.003, the time limit to file a personal injury lawsuit is two years from the date of the accident. If you lost a loved one in a slip and fall accident, then you typically have two years from the date of their passing to file a lawsuit. When you team up with Loncar Lyon Jenkins, we can manage the deadlines associated with your case’s success. We want to put your mind at ease while we work for you.
An Arlington slip and fall accident lawyer can protect your legal rights. Our team can investigate your fall, identify your rights under the law, and hold the negligent parties responsible for your losses. Again, in many instances, this is possible without needing to go to court. Give us a call today at (877) 239-4878 to discuss your case.