In Texas, property owners, business owners, and lessees must prevent hazardous conditions from existing on a property. When property owners neglect this duty, people can get hurt in slips, trips, falls, and other accidents.
If you are severely injured in a business, commercial property, or residential property that is not yours, you may be able to claim compensation for your injuries. A McKinney premises liability attorney from Loncar Lyon Jenkins can help you navigate Texas law and seek the compensation you deserve. You can explore your legal options during a free consultation today.
You Deserve Compensation for Your Losses
If you or a loved one slips, trips, or falls on someone else’s property in McKinney, you may be able to recover financial awards for your losses, including lost income, hospital bills, pain and suffering, and mental anguish, among others. Our premises liability attorney will know which damages apply in your case and can help you establish their full value.
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An Explanation of Premises Liability
Premises liability is the legal responsibility an owner, landlord, or other party has for injuries that occur on their property. In Texas, they must keep their property clean and hazard-free. If someone gets hurt on the property due to the owner’s negligence, the injured party can seek compensation. Premises liability injuries can happen anywhere, including:
- Shopping malls
- Grocery stores
- Retail establishments
- Office buildings
- Commercial properties
- Construction sites
- Movie theaters
- Entertainment facilities
- Sports stadiums
- Swimming pools
- Restaurants and bars
- Hotels and other hospitality
- Apartment communities
Texas Civil Practice and Remedies Code § 75.002 limits liability in certain situations, including agrotourism and certain recreational activities. You can speak with our premises liability attorney to confirm that you have a valid claim or lawsuit under Texas law.
Who Is At Fault in a McKinney Premises Liability Claim?
Proving fault is a critical aspect of your claim, but it can also be the most difficult. Per Texas law, you must prove the property owner had a duty of care, that they were negligent in that duty of care, and that you suffered an injury because of their negligence.
While this may seem easy, Texas laws limit property owners’ liability. Your claim could be harder to prove if you were trespassing or injured while engaging in certain recreational activities. In such situations, property owners are generally absolved of responsibility unless you can prove the owner’s malicious actions or gross negligence hurt you.
Texas Civil Practice and Remedies Code § 33.001 also limits liability based on the amount that each party contributed to the incident. If the opposing party can prove you were at all responsible for your injuries, you could receive a lower settlement award.
Attractive Nuisance Doctrine in Texas
Texas law makes an exception for children who got hurt on another person’s property. The attractive nuisance doctrine is common law that specifically relates to child safety in hazardous conditions. A property that would attract children, such as a swimming pool or construction site, must be secured against intrusion. If a child is injured while trespassing on property that was not adequately secured, the property owner may be held liable.
Texas laws pertaining to premises liability can be complex. You can consult with our lawyer to ensure you have someone on your side who has experience with these cases and understands how state law applies to them.
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What to Do if You Get Hurt on Someone Else’s Property in McKinney
If you get hurt on someone else’s property, ensure you are safe and out of harm’s way. Take these steps to protect your rights:
- Contact emergency services. Your safety is the priority. Be sure to move out of harm’s way and call 911 for emergency aid. Have a paramedic examine your injuries before you leave the scene. If you do not go to the hospital, visit the emergency room or your personal care provider as soon as possible.
- Document everything.Take photos of the accident site right away, if possible. The business or property owner may alter the scene after the fact to reduce their liability. Photos or video footage of the scene can help support your claim.
- Get witness contact info. Witness statements can help your attorney defend your right to compensation.
- Do not sign or agree to anything. The property owner, business, or insurance company may ask you to sign a statement or waiver of liability in the hopes that you will not pursue any additional action. In some cases, they may even offer you a settlement amount right at the accident scene. Do not agree to anything verbally or in writing until you speak with a lawyer. If you must make a statement, keep it simple. State the facts only, and do not speculate or place blame.
- Follow your doctor’s orders. If you do not follow your doctor’s instructions, the insurance company or opposing party can use this as evidence that you are not as injured as you claim to be. This can severely compromise your ability to get the compensation you need.
- Speak with a McKinney premises liability lawyer. Our attorney, who is familiar with Texas liability law, can help you build a case, negotiate with insurance carriers, and file a lawsuit, if necessary.
Remember that the other party will be motivated to reduce your claim value, so they will do what they can to shift the blame or downplay the seriousness of your injuries. Our premises liability attorney can help you navigate the process so that you have the best chance for a just settlement.
Reach Out Today for a Free Consultation About a McKinney Premises Liability Accident
Per Texas Civil Practice and Remedies Code § 16.003, you have two years from the injury date to sue the liable party in your premises liability accident. We encourage you to speak with our McKinney attorney as soon as possible to protect your chance of pursuing a fair settlement.
At Loncar Lyon Jenkins, we know the complexities of Texas statutes and case law pertaining to negligence and premises liability. We have defended injury victims across the state for more than 30 years because we believe in holding negligent property owners responsible. Call us today for a free consultation. We can discuss your claim and learn more about how we can help you recover compensation.