At Snellings Law, we are dedicated premises liability attorneys. Property owners have certain responsibilities toward people who are on their property legally. This includes businesses and even private property owners. Many times, those owners fail their guests and customers by not fixing certain dangers or warning those on their property of potential dangers.
As experienced premises liability attorneys, we’ve seen that a lot of premises liability cases occur in the summer. The key to having a fun summer is safety. Major causes of premises liability claims in the summer are poison oak and ivy, wooden decks, pools, outdoor concerts, and amusement parks. If you plan on attending an event, visiting a friend, or hosting friends at your property, make sure to be mindful of your safety and others’ to prevent a premises liability injury. Wooden decks should be inspected for nails and rotten wood to prevent any premises liability injuries. Pools should have the proper safety equipment, maintenance, and supervision when used to prevent slip-and-falls or drownings. The American Red Cross has tips for pool owners that you can read here.
While trespassers aren’t legally allowed the same duty of care as invitees, it is important to note the law of attractive nuisance. This law indicates that property owners could be held liable for any injuries to a trespassing child that come from a hazardous object, such as a swimming pool. The law requires that property owners take measures to prevent children from accessing the hazards by putting up a gate, barrier, lock, etc.
If you’ve been severely injured on someone’s property because of their negligence, you should contact a premises liability attorney immediately. At Snellings Law, we take premises liability cases very seriously. We are passionate about helping personal injury victims in Frisco, Sherman, Dallas, and the surrounding areas. Your healing is most important to us. If you or a loved one has been injured on someone else’s property, call Snellings Law’s premises liability attorneys today.
How a Legal Team Assists a Premises Liability Victim in Recovering Damages
When dealing with serious injuries due to unsafe conditions on a property, the right legal team can be crucial in helping you reach the full value of your claim. Here’s a breakdown of how a premises liability attorney can assist you:
Experience in Personal Injury Law
A premises liability attorney understands the complexities of personal injury law, including the specific nuances of premises liability. Their experience allows them to determine which types of insurance coverage apply to your case, ensuring you have the best chance of receiving the full value of your claim.
Comprehensive Case Preparation
From the moment you hire them, a skilled premises liability attorney will begin a thorough investigation into your accident. They’ll collect evidence, interview witnesses, and collaborate with experts to build a strong case. This meticulous preparation is vital whether your case goes to trial or ends in a settlement.
Effective Communication and Support
During what can be a very stressful time, a compassionate premises liability attorney offers legal and emotional support. They keep you informed at every stage of the process and explain your options clearly, ensuring you understand the steps taken on your behalf.
Aggressive Representation
Your personal injury legal team will fight relentlessly to hold the negligent property owner accountable. They will argue your case with the goal of helping you recover for medical bills, lost wages, pain and suffering, and other damages related to the premises liability accident.
Experience with Various Claims
Experienced personal injury lawyers handle an array of personal injury claims, from slip and falls to wrongful death cases. Their broad experience equips them to address the unique factors of your accident, ensuring all angles are covered.
A qualified premises liability legal team can significantly enhance your chances of recovering the damages you deserve by working closely with you and meticulously handling every detail of your case.
What details are important for an injured person to provide when consulting with a premises liability attorney?
When consulting with a premises liability attorney, providing detailed and specific information is crucial. This can significantly strengthen your premises liability case and improve your chances of a favorable outcome. Here are key details you should gather:
Witness Information
Names and Contact Details: Obtain the names and reliable contact information of anyone who witnessed the incident.
Visual Evidence
Photographs: Capture clear photos of the accident scene, highlighting the hazardous conditions that caused your fall.
Statements
Witness Accounts: Record and note any statements by bystanders, the property owner, or their agents. These statements should include:
Description of the Hazard: Identify the unsafe condition or substance.
Duration: Document how long the hazardous condition has been present.
Additional Documentation
Incident Reports: File a report with the property owner or manager and get a copy for your records.
Medical Records: Keep all medical documents related to your injuries, including diagnosis and treatment plans.
Expense Records: Maintain receipts and records of any expenses incurred due to the incident, such as medical bills and lost wages.
Preservation of Evidence
Condition of Clothing and Shoes: Retain the clothing and shoes you wore during the accident, as they could serve as evidence.
Timeline
Date and Time: Note the exact date and time of the incident.
This comprehensive information will give your attorney the best possible foundation to build your case.
Why Choose a Premises Liability Attorney?
When dealing with premises liability cases, working with a law firm that focuses solely on personal injury law is crucial for several reasons:
Knowledge & Understanding
Premises liability firms deeply understand personal injury law, including the nuances specific to premises liability. They know the intricacies of different state laws and how they apply to your case.
Maximizing Compensation
These firms are adept at navigating insurance claims and can identify all applicable types of insurance coverage. Their goal is to help secure the full value of your claim.
Compassionate Representation
Experienced personal injury attorneys recognize the emotional and physical toll such incidents can have. They handle your case with compassion and sensitivity, ensuring you feel supported.
Tailored Strategies
A premises liability attorney can create a tailored legal strategy based on the specifics of your case. They know what evidence to gather, how to question witnesses, and which expert testimonies to leverage.
Proven Track Record
Law firms focusing on personal injury often have a robust track record of winning premises liability cases. Their previous successes can instill confidence in their ability to handle your case effectively.
Key Takeaways
- Experience Matters: Experience handling premises liability cases is essential for understanding the complexities of premises liability cases.
- Maximize Your Claim: Effective navigation of insurance coverage ensures you get the outcome you deserve.
- Emotional Support: Compassionate representation helps alleviate some stress during a difficult time.
- Custom Strategies: Tailored approaches increase the likelihood of a favorable outcome.
- Proven Outcomes: A history of success provides reassurance and confidence in your legal representation.
In summary, a law firm focusing on personal injury law is uniquely equipped to provide the knowledge, support, and strategic advantage needed for premises liability cases.
What types of insurance coverage might property owners have for premises liability cases?
Property owners can have several types of insurance coverage to protect against premises liability cases.
Homeowners Insurance
This typically includes personal liability coverage that defends the property owner against claims of personal injury or negligence occurring on their property.
Renters Insurance
Renters might also have liability coverage within their policies, which can cover legal defense costs and any damages if someone gets injured while on the rental property.
Commercial General Liability Insurance (CGL)
Businesses often hold CGL policies, which cover legal defense costs and potential damages if a customer or visitor is injured on the business premises.
Each of these insurance types ensures that the property owner or business has a financial safeguard to handle legal defenses and any resulting compensations related to injuries or damages on their property.
What types of accidents fall under premises liability?
Premises liability accidents can include slip-and-fall accidents, trip-and-fall accidents, negligent security incidents, dog bites, swimming pool accidents, elevator or escalator accidents, and other incidents that occur on someone else’s property.
Types of Injuries and Damages from Premises Liability Cases
Victims of premises liability accidents can suffer a range of injuries and damages, including:
- Hospital and medical expenses: Immediate treatment costs and ongoing medical care.
- Lost earnings: Compensation for past and future lost wages due to the inability to work.
- Permanent physical disabilities: Injuries such as loss of hearing or sight, abnormal gait, scars, or limb loss.
- Emotional distress: Conditions like depression and anxiety stemming from the incident.
- Grief and emotional suffering: Especially in cases involving the death of a loved one.
- Loss of love and companionship: Impact on personal relationships due to injury or death.
- Physical pain and suffering: Both past and future discomfort and pain related to the injury.
- Loss of enjoyment of life: Reduced quality of life and inability to partake in activities once enjoyed.
Whether you have suffered a neck or back injury requiring surgery, fractures, traumatic brain injury, wrongful death of a family member, or other serious harm as a result of premises liability, understanding the potential impacts can help in seeking the appropriate legal assistance and compensation.
What Constitutes Negligence in Premises Liability Cases?
If the property owner or other liable party failed to keep the property safe, warn visitors of hazards, or improve the hazardous conditions of the property promptly, their actions (or lack thereof) could be considered negligent in a premises liability case.
In Texas, the law places a heavy burden on the injured person to show that the property owner or their agent caused or created the dangerous condition or failed to warn the injured person. This means that the injured party must provide evidence that the property owner directly caused the hazardous situation or that the owner knew—or should have known—about the danger and neglected to address it or warn visitors appropriately.
To summarize, an injured person must prove:
- Existence of a Hazardous Condition: There was a dangerous condition on the property.
- Knowledge: The property owner or agent knew or should have known about the hazardous condition.
- Failure to Act: The property owner or agent failed to correct the condition or warn visitors in a timely manner.
- Causation and Damages: The hazardous condition directly caused the injury, resulting in damages.
By understanding these requirements, you can better navigate the complexities of premises liability cases and establish a clear path to demonstrating negligence.
Our Premises Liability Law Firm Handles All Types of Premises Liability Claims, Including the Following:
- Dog bites or injuries from other dangerous animals
- Assault or bodily injury due to faulty or inadequate security measures
- Amusement park injuries
- Water park injuries
- Severe injuries due to slip/trip and fall claims
Premises liability cases are extremely hard to prove, which is why you need to ensure to document evidence of the incident and your injuries. As with other personal injury claims, timing is very important. To preserve the evidence needed to pursue your claim, hiring an experienced premises liability attorney as quickly as possible is essential. The property owners and their insurance companies will begin investigating and collecting evidence quickly to minimize the value of your claim.
Don’t let insurance companies bully you out of a fair settlement. If you or a loved one has been injured on someone else’s property, protect yourself and call Snellings Law PLLC to set up your free consultation today.
