Frequently Asked Questions – Premises Liability
If you were recently injured on public or private property, you likely have many questions about your right to file a lawsuit and seek compensation for your injuries. Fortunately, our experienced legal team at Hernandez Law Group, P.C. is here to help. To get started, here are some of the most frequently asked questions about premises liability cases for you to look over.
What is a Premises Liability Lawsuit?
In a premises liability lawsuit, property owners can be held liable for injuries that occur on their land due to their negligence. Under certain circumstances, these lawsuits can also extend to people occupying the property.
Both public and private property owners can be held liable for injuries and be ordered to provide compensation to the victim. In general, to have a case, the property owner must have known about or created the hazardous conditions that led to the injury.
What are Considered Hazardous Conditions?
There are many different types of unsafe or defective conditions that can cause minor to serious injuries. Examples of conditions found in premises liability cases include:
- Loose flooring that increases the risk of someone slipping and falling
- Snow and ice accumulation in a parking lot or on a sidewalk
- Negligent security that increases the risk of assault or injury
- Dangerous dogs that are loose on the property, increasing the risk of a dog bite
- Unfenced swimming pools and hot tubs, making them an attractive nuisance
With so many different scenarios opening the doors for a premises liability lawsuit, it is important to get a professional take on the case. The attorneys at Hernandez Law Group will assess the situation and mitigating factors, helping to determine if there is a chance of recovering your damages.
If I Slip and Fall in a Public Place, Can I Move Forward with a Premises Liability Lawsuit?
Although more complicated than cases involving private properties, you can bring cases involving public property accidents to court. As with all premises liability cases, you must be able to show that the property owner created or knew about the hazardous conditions — and failed to adequately warn the public about them.
In addition, it must be possible to prove that the property owner’s negligence caused your injuries. An experienced premises liability lawyer can review the case and see if it is possible to prove these claims in court.
Is the City Liable if I am Injured on Public Property?
The city government can only be held liable for injuries that occur on public property in limited cases. The city must be found negligent in creating or maintaining the street, sidewalk, or other public space to have a case.
The lawsuit must be filed in a timely manner and follow all their strict procedures. Most cities only allow from 30 days to one year to file the claims before the statute of limitations runs out. They may also require that you provide notice of your intent to file a lawsuit against the city, giving them time to investigate. This can draw the process out considerably, with some cities taking up to 120 days to investigate the claims.
Who is Responsible in a Premises Liability Case?
In a premises liability case, the court is tasked with determining who is at fault for any injuries. During the case, they will determine the responsible party, which may or may not be the property owner. In some cases, the injured individual carries all or part of the responsibility for the accident, depending on their actions while on the premises.
To determine responsibility, the court may look at the status of the individual as they entered the public or private property. Other times, they may only look at the negligence of the property owner in maintaining or creating the space. If they determine that the injured party was partially or fully responsible for the incident, damages cannot be collected. It’s important to have an experienced premises liability attorney on your side to prove which party is at fault for your accident.
What Damages are Covered in a Premises Liability Lawsuit?
If the property owner was deemed responsible for a visitor’s injuries, the court may award a variety of damages, including:
- Medical bills
- Lost wages
- Pain and suffering
For more serious injuries, the compensation package can also cover future medical bills and rehabilitation costs. Premises liability lawyers can help you figure out just what damages you may be entitled to recover with your case.
What Can I Expect During a Premises Liability Case?
If you were injured due to the negligence of a public or private property owner, you may need to file a claim with the local court to recover your damages. To get started in this process, you should get in touch with an experienced premises liability lawyer at Hernandez Law Group, P.C.
During a free consultation with one of our attorneys, we will discuss your case and receive the assistance you deserve. We’ll help determine if you have a strong case and represent you in court if you decide to move forward.
To prepare for your case, we will help collect all the evidence needed to prove the negligence of the property owner. We’ll also gather your medical records and other documents detailing the extent of your injury and all resulting damages.
By presenting this evidence in court, our attorneys will work hard to prove that the other party is responsible for your injuries. We will remain a trusted source of support every step of the way, streamlining the process while striving to achieve your desired outcome.
Contact Our Texas Premises Liability Attorneys
At Hernandez Law Group, we handle all types of premises liability cases for our clients. We work hard to achieve the ideal outcome for our clients, helping them secure the compensation they deserve. If you were injured due to the negligence of another party, you can fight for compensation with help from our team. Contact us today for your free, no-obligation consultation.