Tyler Premises Liability Lawyer
Property owners are required by Texas law to implement certain measures to ensure that their property is safe for visitors. As a result, you can file a premises liability lawsuit to regain your losses if you were hurt in an accident while on someone else's property.
Read on to learn about premises liability and what kind of accidents can lead to premises liability claims. We'll also cover how an experienced Tyler, Texas premises liability lawyer can help you get back on your feet.
What Is Premises Liability?
Premises liability refers to the legal responsibility that landlords, property owners, and managers have for the injuries and accidents that happen on their properties.
Like other personal injury cases, premises liability suits are based on negligence. To win a premises liability case, injured parties must be able to prove that the property owner failed to reasonably maintain the property.
What Accidents Lead To Premises Liability?
Common accidents that can lead to premises liability lawsuits include:
- Falls, such as slips and trips and falls from high areas like stairs, balconies, and second floors
- Swimming pool accidents resulting from poor lighting, not having a lifeguard on duty, and lack of enclosures
- Parking lot accidents caused by poor maintenance, poor lot design, insufficient lighting, and other errors
- Entertainment venue accidents, such as security failures, crowd stampedes, and stage collapses
- Falling objects, which can happen when employees, managers, or owners don't stack or secure items properly
- Machine accidents, including accidents caused by defective products or machines on the property, as, for instance, a defective amusement park ride
- Animal attacks, which can happen when a property owner fails to keep an animal on their premises from harming visitors
Keep in mind that landlords, property owners, and managers may not be the only liable parties. For instance, if you were injured at work, you may also be able to sue employees, contractors, and other responsible parties.
Can I File a Premises Liability Case?
To determine if you have a premises liability case, your Tyler, Texas premises liability lawyer will explore the following questions with you:
- Where did the accident happen? When did it happen? At what time?
- What caused the accident? How did the accident unfold and how did you get injured?
- With what injuries and conditions were you diagnosed after the accident?
- What happened after the accident?
- Were there any witnesses to the accident?
- What were you doing before and during the accident? Were you at work?
- When did you see a healthcare professional?
Keep in mind that you can’t file a premises liability case just because you were injured on someone else's property. You need to consider the following when determining if you can file:
- Property owners' knowledge and resulting failure to prevent an accident are key. If the property owners knew or should have reasonably known about a specific danger at the property, they will be held liable for failing to take steps to prevent the accident. For instance, if a landlord knew that their property had a slippery floor that could cause slip and fall accidents, they could be held liable for failing to warn visitors about the state of the floor.
Trespassers typically can’t file premises liability lawsuits. Only visitors who are allowed at properties, such as people living there
or people who are permitted to be there, can file a premises liability
case if they get hurt at a property owner's premises.
Trespassers usually can't file a case because they weren't supposed to be there. They can only sue if they can prove that the owner of the premises violated their duty not to cause injury wantonly, willfully, or through gross negligence. This is generally difficult to prove.
Your Tyler, Texas premises liability attorney will help you understand if you have a valid premises liability case and how you can move forward.
What Should I Do After an Accident at Someone Else's Property?
Here's what you need to do after you or another person has been moderately to seriously hurt after an accident at someone else's property.
- Call 911 immediately. Tell the operator about what happened and who has been injured.
- Seek medical attention. If you don't receive immediate medical care at the accident scene, go to your physician or an emergency room as soon as possible. This will prevent your injuries from getting worse and help you document the harm you've suffered in this accident. If you wait too long, your injuries will get worse and you may not be able to produce the records you need to advance your case.
Gather evidence from the accident scene. Take photos and videos of the accident scene. Make sure you've captured
any unsafe, broken, or missing property features, such as slippery floors
and faulty stairs. You should also:
- Collect the names and contact information of witnesses to the accident.
- Save your medical bills so you can use them in your case.
- Gather debris from the scene to highlight the broken, unsafe, or missing property features.
- Keep your lips sealed. Remain tight-tipped about your accident and lawsuit when talking to anyone other than your Tyler, Texas premises liability lawyer after the accident. That includes the property authority, witnesses, and insurance adjusters. If you say the wrong thing, your words could be used against you to devalue or deny your case.
- Consult a Tyler, Texas premises liability attorney at Morris & Dewett Injury Lawyers. We'll walk you through the process of filing a lawsuit and help defend your case in court. We'll also manage every detail of your case, including exchanges with insurance adjusters, so you can focus on recovery. What's more, you don’t have to pay anything unless we win.
When Should I Talk to a Premises Liability Attorney?
You should talk to a Tyler premises liability lawyer as soon as possible. That's because:
- You have limited time to pursue premises liability cases in Texas.
- You don't have to pay to speak to a Morris & Dewett premises liability lawyer.
- You may still be entitled to compensation even if you had a hand in causing the accident.
- Speaking to the right premises liability attorney will teach you about your rights and give you vital advice about your potential lawsuit.
With a Tyler premises liability attorney by your side, you can be confident that you have an experienced professional fighting to help you get the compensation and justice you deserve.