McAllen Premises Liability Lawyer

Texas law stipulates that property owners must keep their premises safe from hazards that could injure others. Unfortunately, not all property owners adhere to state laws, and accident victims end up suffering preventable injuries.

State personal injury law allows accident victims to seek compensation for lost income, emotional trauma, and pain and suffering. However, due to the state’s modified comparative negligence laws, many insurers look for ways to blame victims to pay less than the claims are worth.

If you have been injured due to negligence, you may be able to claim compensation for damages. Due to the legal complexities involved with Texas personal injury law, it is in your best interest to hire injury attorneys immediately.

Contact our McAllen premises liability lawyer today to learn more about our legal services. We offer free consultations and charge nothing unless we win your personal injury lawsuit.

What Are Texas’s Premises Liability Laws?

Texas premises liability laws dictate that property owners must maintain a safe environment for visitors. If a legal visitor is injured due to unsafe conditions, they can file a personal injury claim.

Texas property owners owe visitors a legal duty of care. They must take the same steps as any reasonable person to ensure safety and have a legal responsibility to warn visitors of potential hazards.

Texas separates visitors into three classifications, and the duty of care owed to them depends on their legal status. The three classifications of visitors include:

Invitees

Invitees have been invited onto the property for business-related reasons. They include customers, hotel guests, or contractors. Under Texas law, invitees are owed the highest duty of care.

Licensees

Licensees are individuals with the owner’s permission to be on the property but are not there for business purposes. Common examples of licensees include mail carriers, delivery drivers, and social guests. Although property owners owe licensees a duty of care, it is not to the same standard as that of invitees.

Trespassers

Trespassers are individuals who enter another person’s property without permission. Property owners do not generally owe trespassers a duty of care, but must refrain from taking any actions that will cause them harm.

Who Can Be Held Liable for Premises Liability Accidents?

If you have been injured on someone else’s property, you may be unsure who should be held responsible for damages. Texas has strict laws that stipulate who should be held liable. Due to the legal complexities often associated with determining liability, hiring an experienced premises liability lawyer is always best.

Property Owners

Generally, property owners are held accountable for most premises liability claims. If a property owner fails in their legal obligation, a personal injury victim can file a claim against their insurance company to try to recover damages.

Property Managers

Often, business owners hire property managers to maintain safe conditions for visitors. If the property manager neglects their responsibility to take reasonable steps to prevent injuries, they may also be held liable.

Property Operators

Individuals, other than property owners who operate businesses, may also be held liable if invitees or licensees suffer injuries while on their premises.

Other individuals who can also be held liable for premises liability claims include contractors who perform negligent repairs or tenants who ignore safety hazards or warn others of potentially dangerous conditions.

Type of Premises Liability Claims

Premises liability claims stem from unsafe conditions that property owners have not addressed. Although there are numerous accidents annually that can be attributed to negligence, some of the most commonly reported include:

Slip and fall accidents
Escalator accidents
Swimming pool accidents
Falling accidents

Sadly, slip-and-fall accidents are commonly reported, as property owners or their management teams often do not take appropriate measures to ensure others’ safety. Property owners sometimes fail to fix loose or broken floor tiles or steps or replace missing handrails.

Other factors contributing to premises liability claims include inadequate security measures or other defective conditions.

Regardless of the type of accident you have been involved in, you need legal help to ensure that you are treated fairly by the insurance company. Contact our McAllen premises liability lawyer today so we can professionally evaluate your case.

What are the Most Commonly Reported Injuries That Result From Premises Liability Accidents?

Accident victims who file premises liability claims often report various injuries that can range from minor to severe physical harm. A majority of premises liability claims often involve slip and fall accidents that can result in victims suffering serious injuries that include:

Fractured or broken bones
Head, neck, and back injuries
Soft tissue injuries
Internal injuries

Some accident victims suffer catastrophic injuries that can leave them permanently disabled or in need of extended medical care. Fall accidents from heights often result in severe injuries that can have devastating consequences for victims, which may include:

Traumatic brain injuries
Spinal cord injuries
Multiple fractures
Severe burns
Amputations
Organ loss.

Our personal injury law firm is committed to helping injured clients recover financial compensation and hold all negligent parties accountable for their actions or inactions.

How Do You Win a Premises Liability Case?

Several key legal elements must exist to win a premises liability case. The first legal component that must be proven is demonstrating that the property owner was negligent in their legal duty to maintain safe conditions.

Next, it must also be established that the property owner breached their duty of care by failing to remedy the dangerous condition or warn the victim of the hazard. Although unsafe conditions can easily lead to premises liability accidents, a plaintiff must prove that the owner knew or should have known about the hazard and had a reasonable time to fix it.

The injured party must also show that they suffered actual damages to obtain compensation in a premises liability claim.

For example, suppose you slip on a wet floor that was not marked with proper signage. Even if you were involved in a slip and fall accident, you must still be able to show that you suffered physical harm before you can seek compensation.

Personal injury law can be overly complex and requires the help of an experienced McAllen premises liability lawyer. When you come to us for help, our legal team will thoroughly assess all aspects of your case to determine what options will work best for your needs.

Our premises liability attorney is committed to helping you receive a fair settlement to hold the at-fault party accountable for their actions or inactions.

If someone else’s negligence has injured you, allow our McAllen, TX law firm to help you get the justice you deserve in your slip and fall case.

What is the Open and Obvious Defense in Texas? Premises Liability Lawsuits

Texas law allows property owners to use the open and obvious defense to fight premises liability claims. The law states that property owners are not liable for injuries caused by unsafe conditions that are readily apparent.

The basic premise of the law is that a reasonable person who can easily see a safety hazard should take steps to avoid injury.

Although property owners often try to use the open and obvious defense to avoid paying premises liability claims, they still have to warn others about the potential hazards that may not be obvious.

One of the most significant benefits of hiring an experienced premises liability lawyer is that they can argue that other factors are present that refute the open and obvious defense. Your attorney may be able to argue that there was limited visibility that made the condition hard to see.

Other legal options include having your attorney show that the hazard was an ongoing issue and that the property owner had sufficient time to address it.

Insurance companies often look for ways to blame victims to avoid paying claims or paying less than they are worth. To ensure that you receive fair compensation, hiring an attorney to build a robust case to substantiate your claim is in your best interest.

Our personal injury law firm has in-depth experience winning premises liability lawsuits and obtaining favorable client results.

What Type of Damages Can Accident Victims Recover After Being Injured Due to Negligence?

Even if you have private health insurance, unforeseen medical expenses can quickly add up and create a financial crisis for accident victims. Under state law, you may recover compensation that pays for out-of-pocket expenses and intangible losses such as pain and suffering.

Economic damages reimburse accident victims for financial losses that may include:

Past and future medical bills
Lost income
Loss of earning potential

Non-economic damages address losses that cannot be quantified financially and often include:

Emotional distress
Loss of enjoyment of life
Permanent disfigurement and scarring
Loss of consortium

It is essential to remember that every personal injury case is different, and any compensation that may be awarded will be based on the unique facts involved in the accident.

What Makes Your McAllen Premises Liability Lawyer the Right Choice to Help Me Recover Compensation for My Injuries?

Our personal injury law firm has a proven record of obtaining favorable client results. All too often, insurance providers try to blame injured victims for accidents so they can avoid liability.

Our McAllen premises liability lawyer will not allow injured clients to be mistreated by the insurance company. Our skilled attorney and legal team know insurers’ tactics and will use our resources to fight on your behalf. We will handle all legal issues with the property owner’s insurance company so you can focus on healing.

Ruy Mireles Law Firm, PLLC, never backs down from a fight and is determined to help you receive maximum compensation for your harm. If you have suffered injuries caused by a property owner’s failure to act, allow our law offices to help you with your legal needs.