Are you a victim of another’s negligence and find yourself drowning in medical debt due to a serious injury? If so, you may be able to seek help. When you are hurt on another person’s property they may be to blame. When you are injured outside your home you can file a “Premises Liability Claim.” Lastimado Texas will explain in more detail what classifies a Premises Liability Claim, and if it can help you with your recovery and expenses.
What is a Premises Liability Claim?
A premises liability claim is a lawsuit that holds the property owner responsible for damages or injuries that occur on their property. In all 50 states, an owner that occupies a property must take every step possible to make sure the property is safe for all visitors and staff. When the property owner fails to ensure that all safety measures weren’t taken, it can result in a Premises Liability Claim. Some of the common situations that can give rise to a premises liability claim are:
• Retail and Restaurant Liability
• Children on Property
• Swimming Pool Injury
• Poor Maintenance
• Inadequate Security
• Slip and Falls
• Animal Bite or Attacks
• Dangerous Element on Property
Is a Landlord Liable for Negligence?
Injuries can occur in many commercial or public settings. However, do you have a lawsuit if an injury happens in your home? If you are in an apartment or leasing out a house or condo and the landlord is responsible, you may have a claim. When a landlord is responsible for the structure and the safety elements of the living space and fails to do so, then if an injury occurs, you may have a lawsuit. When you are personally responsible for the maintenance you cannot file a claim against yourself.
Are You Liable if a Trespasser Gets Hurt on Your Property?
Where all states hold the owner responsible, each state will vary on what rules may apply to a premises liability lawsuit. Some states will determine the status or reasoning for the injured person’s presence. If a person was injured on the property and had no business on the property you may not have a claim. Essentially, a trespasser does not have the right to file a premises liability claim. For those who are a licensee or an invitee and was injured on a commercial property, they have the right to file a premises liability claim.
How Do You Prove Comparative Negligence?
It can be difficult to determine when a person can file for premises liability claim. Most states follow the principles of a comparative fault in a premises liability lawsuit. This means if the injured person is fully responsible for the injuries they cannot file a premises liability lawsuit or recover the damages even when dangers are present on the property. It is the duty as a visitor to be responsible for your own safety. Because of the principle of comparative fault on premises liability you may not have a law suit.
Personal Injury Attorneys in Dallas, TX (Just Minutes from Carrollton, Richardson, Farmers Branch, Garland, Irving, Mesquite, Grand Prairie, Duncanville, Hutchins & DeSoto, Texas)
When navigating around a premises liability claim you may need professional help. Seek an attorney that focuses on personal injury and knows premises liability law. If you were injured and you feel that it is the fault of a negligent owner, contact Lastimado Texas today.
