Who Is Responsible for Injuries in a Premises Liability Case

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Who Is Responsible for Injuries in a Premises Liability Case

Who Is Responsible for Injuries in a Premises Liability Case?

Responsibility for injuries in a premises liability case usually rests with the property owner. However, other parties could also bear liability, such as a security company or property manager.

If you were hurt on someone else’s property, whether on public or private property, you can partner with an injury lawyer. To prove your case, your personal injury attorney will need to conduct a thorough investigation into the cause of your injuries to recover damages.

All Property Owners Must Keep Their Premises in Safe Condition

Property owners owe their guests a duty of care. They have an obligation to ensure their property is safe and hazard-free at all times. This may include sealing off a hazardous area, warning others of a hazard, or removing the hazard itself.

If a property owner doesn’t employ these measures, they could bear liability for any resulting injuries. Your case must prove that because the property owner didn’t maintain a safe property, you were injured and suffered harm.

Other Parties Could Be Responsible for Your Premises Liability Injuries

Sometimes, premises liability cases in Texas can have more than one liable party, such as:

A parts manufacturer. If you were injured in an escalator accident, a parts manufacturer may be partially at fault if the escalator was defective or malfunctioned in some way.

A corporation. If you were harmed while visiting a department store (for example), you could sue the corporation for the cost of your damages.

An animal’s owner. Premises liability cases aren’t just about slips and falls; they can also include animal attacks, like dog bites. In that instance, you could hold the dog’s owner responsible for your losses.

Your attorney will analyze the details of your case to determine how your premises liability accident occurred and who should pay for your losses.

You Can Still Seek Damages Even if You Contributed to the Incident

Don’t hesitate to seek legal aid if you think you contributed to the accident. Texas follows a modified comparative negligence system. Under Texas Civil Practice and Remedies Code § 33.001, you are not barred from financial recovery as long as you didn’t cause more than 50 percent of the accident.

Yet, your role in the accident can reduce how much compensation you can recover. To better understand this concept, consider this scenario:

You were visiting a big-name department store.
You were wearing sandals with a broken strap.
You slipped on a puddle of water and fell.
Because you were wearing inadequate footwear, you’re assigned 20 percent fault for the accident.
Your losses total $1 million.
Because you caused 20 percent of the accident, you could recover $800,000.

Still, the other party or their insurance company could try to blame you for everything that happened, barring you from recovery. When you partner with a premises liability lawyer, they can investigate your situation and determine how much you contributed to the incident (if at all) and fight for damages.

You Could Seek These Damages Through a Claim or Lawsuit

After investigating your case, proving fault, and identifying the liable party, you could recover:

Medical bills, past and future
Lost wages, tips, bonuses, and benefits
Reduced future earning capacity
Loss of consortium
Funeral expenses
Pain and suffering and inconvenience
Loss of enjoyment of life

This is just a short list of damages you can recover through the claims process or litigation. When you consult with a premises liability lawyer, they can use their years of insight to determine what you’re entitled to collect.

How Much Can I Seek for My Damages?

How much you can seek for your injury-related losses depends on your situation, including your injuries’ severity and overall health condition. An injury lawyer will review your medical bills, employment records, and other supporting documentation to assess your financial losses.

They will consider other aspects of your situation to determine how much you need for pain and suffering.

You Have a Limited Time To Seek Damages

Texas Civil Practice and Remedies Code § 16.003 notes that you generally have two years to file your injury lawsuit. This deadline usually begins from the date you suffered harm. This is a strict deadline.

If you neglect to file your case within this two-year period, you could lose the right to seek damages. This could make you solely responsible for your injury-related hardships.

Meet with a Premises Liability Lawyer in Texas About Your Injury Case

Establishing fault in a premises liability claim is essential. To recover maximum compensation for your damages, consider partnering with a Texas premises liability lawyer from Trujillo & Sanchez, P.C.

Schedule your no-cost, risk-free consultation to get started on your claim. You can reach us through our online contact form or by calling our office to discuss the specific details of your case. We can also discuss who is responsible for injuries in a premises liability case.

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