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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