Premises Liability Attorneys in Eagle PAss
Premises liability refers to the legal responsibility that a property’s owner or primary resident has to maintain a safe environment for individuals who enter the property. If you were injured in an accident on someone else’s property, and you believe the owner of that property neglected to maintain safe premises, you may be able to hold the property owner responsible (or “liable”) for your injuries by pursuing a premises liability lawsuit.
Have you been injured on private or commercial property? Our team at Gonzalez and Associates P.C. has spent decades representing individuals in situations just like yours, and we’ll work with you to build a strong case based on their many years of experience.
Property Conditions and Accidental Injuries in Eagle Pass, Laredo, and Surrounding Areas
Most people have heard of premises liability in the context of injuries sustained in slip and fall accidents in grocery stores, restaurants, or supermarkets. However, this type of accident is just one example of an incident that can cause injury and lead to a premises liability lawsuit. Other examples include accidents caused by faulty or inoperable equipment in amusement parks or the absence of a lifeguard at a public swimming pool.
Private homeowners and primary occupants of leased housing are also responsible for maintaining safe environments for guests and other visitors. For example, Texas residents are sometimes surprised to hear that it is the sole responsibility of the homeowner to supervise any minors swimming in their pool, even if the minor’s parents or other adults are around. Pool owners must also take specific precautions to deter minors from trespassing on their property, including having adequate fencing and self-latching gates, or they risk being sued if the minor suffers an injury while on their property.
Hazardous property conditions that may cause injuries include:
- Defective elevators and escalators
- Slippery floors, sidewalks, or parking lots
- Uneven walkways, worn carpets, and raised floorboards
- Exposed lead
- Exposed areas under construction
- Negligent security
- Aggressive animals on-site
- Negligent supervision and security at schools and daycares
- Unsafe school busses and vehicle operation
- Inadequate supervision and fencing around pools
- Faulty equipment
Factors that Determine Premises Liability
Courts weigh several factors when deciding if someone is entitled to receive compensation through a premises liability lawsuit. One of the most important factors concerns the visitor’s status at the specific time they were injured, whether they are an invited guest, customer, home services professional or some other service provider, or a trespasser. The classification of the visitor plays a large part in determining what responsibilities the property owner or primary resident has to the visitor.
Courts will also consider the following questions:
- What precautions were taken to prevent injuries?
- Was the injury a direct result of a hazardous property condition?
- Was the property owner or primary resident aware of the hazard?
- Was the hazard obvious?
- Were any warnings given to the visitor?
- What sort of activity was the injured person engaged in at the time of injury?
- To what extent, if any, is the injured person responsible for their injury?
If a court attributes your injury to the property owner’s or primary resident’s negligence or failure to maintain a safe property, they may require the defendant to compensate you for medical expenses, lost wages, decreased earning potential, and pain and suffering.
Filing a Premises Liability Claim in Laredo, Eagle Pass, and South Texas
Every accidental injury is unique. Whether you have convincing grounds to pursue a premises liability lawsuit can depend on the exact situation, down to the smallest detail. As a result, claims can sometimes require exhaustive evidence, expert opinions, and further investigation. Because of the complexity of premises liability cases, it is a good idea to consult a lawyer if you were injured on commercial or private property.
At Gonzalez and Associates P.C., we believe in doing everything in our power to help you secure the compensation that you deserve. Our premises liability attorneys can help you determine whether you should pursue a premises liability lawsuit. We’ll evaluate your case and use our experience to identify what sorts of damages you may be entitled to. We’ll help you compile evidence, get your medical documents reviewed by medical experts, and provide you with strong legal representation in and out of the courtroom.
Were you injured because of hazardous property conditions? If so, we invite you to schedule a consultation with our Eagle Pass premises liability lawyers by calling (830) 445-2035 or sending us a message. Se habla español!
Do I still have a case if I received a traffic citation stating I cause of the accident?The situation depends if the accident was not completely your fault. You can still recover damages from the other driver for the portion of the accident that was his or her fault.
Do I have to let my insurer know about the accident if the accident was not my fault?Yes, you need to inform your insurance company of the accident even if you weren't at fault.
What if I don’t report the accident to my insurance company?If you do not report the accident, the insurance company may deny payment of any claims you file subsequently. Your insurance company must notify you within 30 days of receiving proper notice of the claim whether it will pay or deny your claim, or inform you that it is still in the investigation stage.