Steps to File a Premises Liability Claim in Texas

It likely goes without saying that homeowners and owners of any other type of property are responsible for maintaining their properties. When they don't, a guest's chances of getting wounded increase. However, a successful claim or legal action requires proof of the property owner's fault.

The vast majority of premises liability lawsuits are settled out of court rather than going to trial. Of course, the victim's compensation also depends on a number of other factors. You may be entitled to compensation under premises liability laws, and the following information may help you establish your case more effectively.

How Do You File a Claim For Premises Liability?

If you were hurt due to something on a property, you'd need to show that it was unsafe. First, you'll need a letter from your doctor explaining your injuries and how the unidentified property damage or risk caused them to claim the negligence of a Texas property owner caused them. You should keep this letter for possible future use.

However, it is not enough to show that a dangerous situation simply existed on the property; you must also show that the owner was aware of the danger and did nothing to remedy it. In other words, that person has either actual or potential knowledge.

As a result, when a problem has persisted for long enough, the property owner is considered to have "constructive notice" of the problem. A report, photographs, video, or even sworn testimony from the owner could all be used to prove their level of awareness.

Premises Liability Rules in Texas

According to Texas law, landowners are responsible for injuries that occur on their property. The law in Texas is similar to the law in most other states in that it allows an injured party to file a lawsuit against the property owner for damages.

However, whether or not you can file a claim for damages depends on whether you were a trespasser, invitee (or consumer/visitor for business purposes), or a guest on any private property in Texas.

Documentation of Premises Liability

Your case would be strengthened if you keep a record of everything that has happened as a result of your injury and make copies of all relevant medical documentation. All expenses incurred (time away from work, travel to the hospital, surgery, etc.) should be accounted for.

Needless to say, the costs associated with treating injuries and fixing standard damage after an accident are high. Because of this, you must meticulously record all money spent on medical bills and other expenses related to your injury.

Once again, if you've been hurt on someone else's property, you may be able to file a claim for premises liability and receive financial compensation for your medical bills. In addition, if you can't work because of your injury, you may be eligible for wage loss compensation.

You can also sue for non-monetary losses, including emotional suffering, mental agony, and the loss of a loved one's presence and support. These losses are intangible and difficult to put a price tag on.

If you've been injured on someone else's property in Texas, you should contact the property management company or owner as soon as possible and make a formal report. If you report it, it will be more difficult to cover up the accident, and you will have more evidence to support your claim.

Defendants in Premises Liability Claims

If you want to succeed in a Texas premises liability lawsuit, you first need to demonstrate that the defendant owned and/or controlled the property where your injury occurred. This component will probably not be contested in the vast majority of situations involving premises liability.

In most cases, it will be very obvious that the owner, occupier, lessee, or manager of the property had a legal obligation to inspect the property, make sure that it was in a reasonably safe condition, and take the right actions to rectify or limit any known (or reasonably knowable) dangers on the property.

For illustration's sake, let's assume you're browsing the aisles of a supermarket when something tumbles off a high shelf and hits you on the head. Regardless of whether the grocer owned or leased the premises, it is the responsibility of the store owners to ensure that their establishment provides a secure environment for their clientele.

Consulting an Attorney For Premises Liability

You can increase your chances of winning a premises liability case in Texas by consulting with an experienced attorney. He or she can give you advice on how to pursue your legal choices effectively.

Furthermore, once retained, a premises liability attorney will initiate an investigation of your claim. They will gather information regarding the occurrence to bolster your case, giving you the best chance of getting the justice and financial recompense you are owed.

A lawyer might collect all documents, official and otherwise, related to the incident, as well as details about your medical background and injury records.

Moreover, an attorney can help you with documentation of lost wages or potential earnings. Your lawyer will also comb through images taken at the incident's location, nearby companies' or property owners' security tapes or videos, and reliable witness statements.

You and your lawyer should begin compiling this material as soon as possible. The passage of time can make it harder to recall specifics or obtain the exact data you require, especially from witnesses.

Contact the Rasanky Law Firm in Dallas

Injuries sustained on either public or private property may result in legal action against the property's owner. You may be eligible to receive compensation for medical bills, lost wages due to time off work, and other expenses related to your accident.

Texans have relied on the attorneys at the Rasansky Law Firm for decades because of our commitment to advocating for average citizens.

If you or a loved one has been injured in Texas due to the negligence of another, please call our Dallas premises liability lawyers at 214-617-1816.

As soon as you and your loved ones are ready to learn more about filing a claim and protecting your legal rights, we offer a free first consultation to help you get started.