Technically, you take a risk every time you leave your own property and go onto someone else’s. However, that does not mean you should ever expect to get hurt because someone else failed to take proper care of their land. Unfortunately, injuries caused by dangerous property conditions happen all too often in the Lone Star State. If you have been hurt in this way, you will discover that filing suit over your damages is a highly complicated process.
In a premises liability scenario, assistance from a seasoned personal injury attorney is invaluable. Our team at Schechter, Shaffer & Harris, LLP can help you build the strongest civil claim possible and avoid common legal and procedural obstacles during the filing process. With a Hitchcock premises liability lawyer by your side, you have better chances of obtaining every cent of the compensation you deserve.
“Premises liability” lawsuits are the formal term for the area of law governing injuries which occur on property owned by another person. To some extent, they work the same as standard personal injury claims. Successful recovery still depends on proving that a defendant property owner was “negligent,” which in turn typically revolves around establishing the property owner violated a “duty of care” owed to the injured party.
Where things differ substantially for premises liability claims is in how the property owner’s duty of care changes depending on why a particular visitor is on their land. For example, property owners owe basically no duty of care to trespassers (other than to avoid intentionally harming them by doing something like setting up traps).
Conversely, property owners are expected to provide advance warning of known hazards on their property to “licensees” visiting for their own benefit, such as door-to-door salespeople or houseguests at a party. Finally, landowners owe the greatest duty to “invitees” like store customers visiting for everyone’s mutual benefit. They must not only warn them about known hazards but also regularly inspect their property for new hazards that are not yet discovered.
A Hitchcock premises liability attorney can explain exactly how the law applies in this unique circumstance.
Regardless of what category of visitor an injured person falls into, they can demand compensation for both economic and non-economic consequences of their injury as long as they can prove that a landowner was liable for causing it through negligence. These damages can include:
There is a time limit to keep in mind when filing a premises liability claim. Texas Civil Practice & Remedies Code § 16.003 typically allows just two years after an accident occurs for any injured person to file suit over their damages. For best results, contact a Hitchcock premises liability lawyer as soon as possible.
Getting hurt on someone else’s land can leave you facing a long physical recovery process. There is an exhausting fight ahead of you if you want to recover financially, too. Fortunately, you have help available from dedicated legal professionals who know through past experience how to fight—and win—on behalf of people just like you.
Working with a Hitchcock premises liability lawyer substantially improves your odds of getting the favorable case result you want. Call us today to learn more.
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