New Braunfels Premises Liability Lawyer
Commercial and residential landowners and managers have a duty to maintain their homes, stores, and general grounds in good repair. They must do their part to adequately warn visitors if there are known hazards to avoid. Accidents can often be avoided if a property owner practices regular maintenance and takes adequate precautions to avoid hazardous conditions. When individuals fail to do so and you suffer harm as a result, you may have the right to seek compensation.
If you were hurt on someone else’s land due to dangerous, hazardous, or unsafe conditions, you may be eligible for a personal injury lawsuit and financial compensation. Time is a factor, particularly when finding and preserving evidence needed to prove your claim, so do not hesitate to consult with a dedicated team of legal professionals. It is wise to have a New Braunfels premises liability lawyer on your side. Do not deal with the legal system by yourself.
Defining Premises Liability
Premises liability refers to the legal responsibility someone in charge of a dwelling has for any accidents or harm that occur. Homeowners, business proprietors, and other owners are responsible, to some degree, for the safety of visitors and guests. If hazards exist due to negligent maintenance or the failure to quickly remedy a known problem, the person who oversees the area may be financially responsible for any injuries that occur there.
When a person is negligent or fails to maintain a safe environment for visitors, they are accountable for any subsequent accident and liable for the victim’s damages or losses. This can include medical expenses, lost wages, pain and suffering. Some examples of where these kinds of cases happen include:
- Public pools
- Hotels
- Schools
- Gyms
- Amusement parks
- Malls
- Grocery stores
When pursuing a successful case, it is mandatory to prove the property owner’s negligence and how it directly was the reason for your injury. When you hire an experienced lawyer in New Braunfels who is knowledgeable of premises liability cases, they will provide the right guidance to assist your claim.
Premises Liability Under Local Laws
To successfully make a claim under the legal theory, the injured person must prove negligence by presenting:
- Duty of Care: the landlord had a duty to maintain a safe environment for visitors
- Breach of Duty: the landlord failed to uphold that duty through negligent actions or omissions
- Causation: the breach of duty directly caused the accident and the resulting injury
- Damages: evidence of the actual damages suffered, such as medical expenses, lost wages, and pain and suffering
If the place is public, things can become even more complicated. The government must maintain community establishments to be safe or give clear warnings about any risks to visitors. Despite legal requirements that should be followed, individuals are frequently injured when they are out and about in areas they assume authorities keep safe and maintained. On private land, the business or owner can be held accountable in a straightforward process. In comparison, proving claims for harm in common areas can be tricky since people must deal with government agencies.
A jury can evaluate several factors to determine if the owner breached their duty of care, including the location of the establishment, the likelihood of visitors, and the extent of control over potential hazards. It is often the case that a warning sign should have been installed and visible to alert visitors. A skilled attorney in New Braunfels who is familiar with premises liability lawsuits will gather all necessary documents and evidence to demonstrate the hazardous conditions.
Holding Owners Accountable in a Premises Liability Case
Individuals can seek compensation either through the court or by negotiating with insurance companies. Navigating insurance claims can be challenging without the help of an attorney who is experienced in settlement. Insurance adjusters often offer unfair compensation that may not fully cover the person’s expenses, injuries, or losses. In court, a lawyer can advocate for both economic and non-economic damages, including current and future medical costs, lost wages, pain and suffering, and emotional distress.
If your loved one died due to another person or entity’s negligence while they were lawfully on their property, you may be entitled to file a wrongful death lawsuit. Certain family members, including a surviving spouse or registered domestic partner, have priority in filing a wrongful death claim.
Potential damages include funeral and burial expenses, medical costs, and losses related to benefits, wages, and companionship. There is a specific window from the date of death to file the claim. To ensure you meet all deadlines and pursue the compensation you deserve, consider hiring a premises liability lawyer in New Braunfels.
Contact a New Braunfels Premises Liability Lawyer
It is crucial to hold the negligent property owner accountable for your injuries. You do not have to handle your injuries and medical bills on your own. Extensive health care and multiple doctor appointments may be necessary for a full recovery. Call a New Braunfels premises liability lawyer immediately for help.
