request a free consultation

What to Do If Your Injury Was on a Commercial Property

Friday, January 15, 2021

Every day in Texas, people suffer serious injuries in premises-related accidents. These are accidents that occur due to hazards on a property, such as slip and fall accidents, dog attacks, and staircase accidents. Premises accidents can take place at private residences, on public property or in commercial buildings. If you were injured due to a defect on a commercial property in Texas, find out what it will take to recover compensation from the business or corporation.

Injured on a Commercial Property

Basic Premises Liability Laws in Texas

Establishing any premises liability claim in Texas requires a few key elements. First, you or your premises liability lawyer must prove that you were lawfully on the property. This will give the property owner duties over your care, including a duty to maintain a reasonably safe and defect-free property. If you were trespassing on a commercial property at the time of your accident, the landowner will not owe you any duties of care (unless you are a minor).

Second, your lawyer will need to prove the owner of the commercial property was negligent in keeping the premises safe. The owner or possessor of the building – or an employee at a store – must have done something a reasonable person would not have that created an unreasonable risk of injury. Another example of negligence is the owner of the property noticing a defect but failing to repair it in a timely manner. In either situation, the owner would be liable for failing to prevent the injury.

Third, your lawyer must establish a connection between the defendant’s negligence and your injury. The business owner’s breach of the duty of care must be what caused your accident and injury. For example, if the owner knew about a faulty staircase but did not want to pay for repairs, he or she could be responsible if you fall down the stairs. Finally, you will need proof of compensable losses, such as medical bills and pain and suffering, to have a valid claim to damages.

Who Is Liable?

If you suffer an injury on commercial property, the party responsible for your medical bills and other losses will be the owner of the building, in most cases. In Texas, it is a property owner’s legal responsibility to maintain a safe premises. If a company was leasing the property at the time of your accident, however, the possessor may be liable instead. You will need to look at the lease or business contract for information about the landlord’s liability before determining the defendant.

What to Do After an Accident on Commercial Property

After an accident on a commercial property, start protecting your rights immediately with the following steps.

  1. Seek medical attention right away.
  2. Report your accident to a store manager or the property owner.
  3. Collect evidence in the form of photographs.
  4. Keep the clothes and shoes you were wearing for evidence.
  5. Write down the names of eyewitnesses.
  6. Get copies of your accident report and medical records.
  7. Consult with a lawyer for assistance.

Once you’ve reported your accident, taken photographs and seen a doctor, you’ve taken all the key steps to establish that the property contained a defect and that this is what caused your injury. A lawyer can help you from there.

Get Help From a Premises Liability Lawyer

Difficult questions, such as who is liable for your injury on a commercial property, can be answered by an experienced premises liability attorney. Hiring a lawyer to represent you can increase your chances of having a successful claim in Texas. Your lawyer can return to the scene of your accident, collect evidence, identify the defendant and build a strong claim to damages on your behalf. Then, your attorney can fight for maximum compensation for your injuries. Consult with a lawyer about your premises liability case today.

Posted by admin at 7:02 pm

What Is Negligent Undertaking?

Wednesday, February 5, 2020

You might be the victim of a negligent undertaking in Texas if someone hired to work on your premises caused your injuries or damages. A negligent undertaking or negligent activity claim differs from a standard premises liability lawsuit. You will have different standards of proof you must meet to obtain compensation. A premises liability lawyer can help you navigate the laws and burden of proof surrounding your specific negligent undertaking case.

Negligent Undertaking vs. Premises Liability

A standard premises liability claim alleges that the owner of property committed an act or omission that made his or her property unreasonably dangerous for visitors, resulting in injuries or damages. In a premises liability claim in Texas, your lawyer will have to prove the property owner did something prior to the accident, such as failing to mop up a spilled liquid or hire security guards, that caused the injuries in question.

In a negligent undertaking claim, however, your lawyer must prove the defendant – or an employee of the defendant – was doing something ongoing that caused your injuries. Succeeding with a negligent undertaking claim requires proving the defendant owed you a duty of care and violated this duty. The defendant in question must not have acted as a prudent and reasonable person would have under the same circumstances, and this negligence must have caused your injuries.

Many negligent undertaking claims involve landlords repairing problems at tenants’ residences. A landlord might hire someone to cut down a dead tree limb that could be at risk of injuring a tenant, for example, and then be responsible if the person performing the service increased the plaintiff’s risk of harm instead.

A negligent undertaking claim allows you to hold your landlord or the owner of a property liable for your damages, not just the individual that caused your injuries. If the tree trimmer your landlord hired was negligent and made the limb fall on you, for instance, you may have a negligent undertaking claim against your landlord rather than a case against the tree trimmer. This could result in greater compensation for your damages. Hire an attorney to review your recent premises-related accident for signs of the negligent undertaking.

Do You Have a Case?

In Texas, you have a maximum of two years from the date of your premises-related accident to bring the matter to the civil court system’s attention. If you do not file a negligent undertaking claim within two years, you most likely give up the option of seeking compensation. You may bring a negligent undertaking claim against a property owner if you have injuries or property damages due to the negligence of the landlord or someone he or she hired (for compensation or a volunteer) while actively working on the property.

In general, negligent undertaking claims require a lower burden of proof than standard premises liability claims. Rather than having to prove the property owner knew or reasonably should have known about the dangerous element and failed to remedy it, you or your lawyer will have to establish the landlord or his/her hired worker was negligent, and that this caused your injuries. Your lawyer will also need to prove that the defendant had a duty to help you without negligently harming you.

The defendant must have voluntarily undertaken the task of doing something reasonably necessary for your protection, then failed to exercise reasonable care in completing the task. Finally, your lawyer will need to prove that you have compensable damages due to the negligent undertaking. Find out if you have all the elements that make up a negligent undertaking claim in Texas with help from an attorney. A lawyer can review your injuries and the circumstances leading up to them for signs of negligence. If you do have a claim, your Dallas personal injury lawyer can help you fight for full compensation under Texas’ civil laws.

Posted by admin at 4:10 pm

What Can I Do If a Sinkhole Has Caused Damage or Injury?

Monday, December 18, 2017

Residents of Florida sometimes encounter a threat from sinkholes, which can damage property and injure or kill people. The holes occur more frequently in Florida than any other state. They occur naturally and can form without any obvious warning signs. Florida law includes protections for citizens and insurance companies, but many find these regulations complicated. Read on to learn more about sinkholes, the damages they cause and how the government classifies them, methods available to you for filing a claim, and what you should do in the aftermath of a sinkhole.

What Is a Sinkhole?

When water dissolves land forms of soil, sediment, or rock as foundation, a sink hole occurs. The ground may sink into an underground cave that forms from the water dissolution. Insurers are required to cover a catastrophic ground cover collapse when the ground collapses abruptly, a visible hole or depression appears, structures are damaged, and the government condemns the structures due to the damages.

If your home is damaged by a sinkhole but all four of those conditions are not met, and you do not have sinkhole coverage, an insurance company can deny a claim. All companies insuring homes in Florida must offer sinkhole coverage. However, if the company completes an inspection and finds sinkhole activity on the property or nearby, they may refuse coverage.

Methods for Filing Suit

When sinkholes occur, owners and those injured may file a claim for liability. These claims fall into different categories, based on the circumstances:

  1. Premises Liability

Visitors to a home or building who receive injuries because of a sinkhole may file suit against the owner claiming premises liability. Owners must make every effort to keep visitors to their property safe from harm. When an owner is aware of a potential sinkhole forming but does not take action to address the dangerous situation, the injured party can sue the owner for failing to fulfill his or her responsibilities.

  1. Real Estate Fraud

Home sellers must advise potential buyers of sinkhole threats. Although the warning signs of a sinkhole forming can be hard to spot, if a seller knows of a sinkhole and fails to inform the buyer, the seller could bear full liability for the damages.

  1. Neighborly Nuisance

Sometimes a company or entity near your home sets the stage for the sinkhole to happen, causing the damage to your home. A gas company may be doing maintenance on pipes, for example. A factory could do some work that affects an entire neighborhood. Suing a neighbor may prove the best way for a victim to seek damages.

What Should You Do

If you suspect a sinkhole may exist or be forming near your home, contact a professional service. They can fill some small holes as they form. Others require evacuation and may lead to massive damages.

In the event you suspect a nearby sinkhole caused damage, make sure you ask the local utility companies to inspect your lines. After that, call your insurance company to file your claim. You may want to call an inspector in to help you identify other damages like cracks in your foundation, walls, or ceilings.

Posted by admin at 6:13 pm