Have you or a loved one been injured on someone else’s property? Contact the Edwards Law Firm today for a free case evaluation. Our experienced premises liability lawyers will fight for you to receive the compensation you deserve.
Property owners are obligated to ensure the safety of their visitors. This includes fixing dangerous conditions, clearly indicating any ongoing hazards, and installing permanent safeguards for unavoidable risks. Failure to take these steps can result in the property owner being held liable for any injuries that occur due to their negligence, potentially entitling the injured party to compensation.
If you are injured on someone else's property, whether it is public or private, it is essential to seek help from a skilled personal injury attorney. The experienced Laredo premises liability lawyers at the Edwards Law Firm have a proven track record of effectively handling personal injury claims, and we can help you too.
Premises liability law is a branch of personal injury law that deals with the responsibility of property owners and occupiers to ensure the safety of individuals on their premises. This legal concept holds property owners and occupiers liable for accidents and injuries that occur due to unsafe conditions on their property.
Property owners and occupiers owe a duty of care to individuals who enter their premises. The level of care required depends on the visitor's status, which can be categorized as an invitee, licensee, or trespasser.
To successfully prove a premises liability claim, the plaintiff must establish the following elements:
In premises liability cases, there are various potential defenses that property owners or occupiers may employ to protect themselves against liability for injuries suffered by individuals on their premises.
One common defense is the argument of lack of duty, where the property owner asserts that they did not owe a duty of care to the injured party.
Another defense is comparative negligence, where the property owner alleges that the injured party's own actions contributed to the accident.
Additionally, defenses such as assumption of risk, trespassing, and lack of actual or constructive notice of the hazardous condition can also be raised to shield property owners from liability in premises liability cases.
Understanding these potential defenses is crucial in navigating the complexities of premises liability law and ensuring fair outcomes for all parties involved. Your lawyer can help you craft a strong case that can overcome any potential strategies employed by the defendant in your case.
At the Edwards Law Firm, we handle a wide range of premises liability cases in Fort Worth. Our experienced attorneys are dedicated to helping clients who have been injured due to unsafe conditions on someone else's property. Here are some of the types of premises liability cases we handle:
Slip and fall accidents are among the most common premises liability cases. They can occur due to wet floors, icy sidewalks, uneven surfaces, loose carpeting, or poor lighting. Property owners are responsible for ensuring that their premises are free from hazards that could cause someone to slip and fall.
Similar to slip and fall accidents, trip and fall accidents occur when someone trips over an object or uneven surface. This can include items left in walkways, broken pavement, or improperly maintained stairs.
Property owners are required to maintain their premises in a safe condition. Failure to do so can lead to accidents caused by broken handrails, malfunctioning elevators or escalators, potholes, and other maintenance issues.
In some cases, property owners can be held liable for injuries that occur due to inadequate security measures. This can include assaults or robberies in poorly lit parking lots, lack of security personnel, or faulty security systems.
Property owners can be held responsible if their dog bites someone on their property. This includes ensuring that their pets are properly restrained and do not pose a threat to visitors.
Swimming pool accidents can lead to severe injuries or drownings, especially if the pool area is not adequately secured. This includes a lack of fencing, absence of lifeguards, or unsafe pool equipment.
Exposure to hazardous substances like mold, asbestos, lead, or chemicals on a property can lead to severe health issues. Property owners are required to manage and disclose any potential toxic hazards on their premises.
Injuries can occur when objects fall from shelves, ceilings, or other elevated areas. Property owners must ensure that items are securely stored and that there are no risks of objects falling and causing harm.
Accidents at amusement parks can result from poorly maintained rides, inadequate safety measures, or negligent operation of rides. Property owners must ensure that all attractions are safe for visitors.
Malfunctions or poor maintenance of elevators and escalators can lead to severe injuries. Property owners must ensure that these machines are regularly inspected and maintained to prevent accidents.
Fires or explosions on a property can be devastating. Property owners must follow safety regulations and maintain fire prevention measures to protect visitors from such hazards.
Construction sites pose numerous risks, and property owners or contractors must ensure that these sites are safe for workers and passersby. This includes proper signage, barriers, and adherence to safety protocols.
Accidents in retail stores can include slips and falls, trips and falls, falling merchandise, or injuries caused by defective equipment. Store owners are responsible for maintaining a safe shopping environment.
Accidents in restaurants and bars can occur due to wet floors, poor lighting, or improperly maintained premises. Owners must ensure that their establishments are safe for patrons.
Hotels and motels must provide safe accommodations for guests. This includes proper maintenance of rooms, common areas, and amenities, as well as adequate security measures.
If you have been injured on someone else's property, it is essential to seek legal assistance to protect your rights. At the Edwards Law Firm, our experienced Laredo premises liability lawyers are committed to helping you obtain the compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can help you.
If you’re involved in an accident and you are partially at fault for your injuries, you might still be eligible for compensation. The laws surrounding shared liability can be complex, but understanding them can significantly impact the outcome of your case.
Texas follows the modified comparative negligence rule when it comes to personal injury claims. Under this rule, you can still recover damages if you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. Let’s break this down:
Imagine you are in a car accident and are found to be 20% at fault, and the other driver is 80% at fault. If you are awarded $10,000 in damages, you would receive $8,000 (which is 80% of the total damages).
To ensure you receive the total possible compensation available in your case, there are certain steps you can take.
First you will need to build a strong case for your premises liability claim. To do this, it’s essential to gather comprehensive evidence that supports your claims for damages. This includes keeping all medical records related to your treatments and expenses, maintaining work records to document missed work and lost wages, and thoroughly documenting any damage to personal property and repair costs.
In addition to tangible evidence, it’s essential to document your pain and suffering. Keeping a journal of your physical and emotional state can provide insight into how the injury affects your daily life, including both physical pain and emotional distress. If you’re receiving mental health support, obtaining statements from therapists or counselors can further substantiate your claim.
Consulting with a skilled Laredo premises liability lawyer can significantly enhance your chances of maximizing compensation. At The Edwards Law Firm, we will evaluate the strength of your case, estimate potential damages, and handle negotiations with insurance companies and other parties to secure the best possible settlement. If necessary, we will represent you in court, ensuring that all legal procedures are meticulously followed throughout the process.
Economic damages are intended to compensate you for verifiable financial losses resulting from your injury. These damages are typically easier to calculate because they are based on tangible expenses and economic losses.
Medical expenses encompass all necessary treatments related to your injury, ensuring that you are compensated for the full scope of your healthcare needs. This includes hospital bills for emergency room visits, hospital stays, surgeries, and medical procedures, as well as the costs of doctor visits, consultations, follow-up appointments, and specialist care.
This also includes medications, both prescription and over-the-counter, are also covered, along with rehabilitation expenses such as physical therapy, occupational therapy, and other necessary forms of rehabilitation. Additionally, future medical costs are considered, including estimated expenses for ongoing or anticipated treatments.
Lost wages compensate you for the income lost due to your injury, covering the financial impact of your inability to work. This includes the paychecks or salaries you missed because you were unable to work during your recovery. If your injury affects your ability to earn in the future, you can claim damages for the reduction in your earning potential, ensuring you are compensated for both immediate and long-term financial losses.
If your property was damaged in the accident, you can claim compensation to cover the costs. This includes expenses for vehicle repairs or replacement if your vehicle was destroyed. Additionally, you can seek compensation for other personal items that were affected, such as phones, laptops, or clothing, ensuring that all your losses are addressed.
Non-economic damages are more subjective and compensate you for the emotional and psychological impact of your injuries. These damages are more challenging to quantify but are crucial for comprehensive compensation.
Pain and suffering damages compensate you for the physical and emotional toll of your injury. This includes the physical pain and discomfort you endure as a result of the injury, as well as the emotional distress, such as anxiety, depression, or mental anguish, that arises from your experience. These damages recognize the broader impact of the injury on your overall well-being.
Loss of consortium compensates for the impact that an injury has on your relationship with your spouse or family. This compensation covers the loss of companionship, affection, or sexual relations within a marital relationship. It also considers the emotional impact on children or other family members who are affected by the injury.
This compensation addresses the loss of enjoyment of daily activities and life experiences caused by your injury. It includes the inability to participate in hobbies and recreational activities you once enjoyed, as well as an overall reduction in your quality of life. These damages recognize the significant impact that the injury has on your ability to fully enjoy life as you did before.
Punitive damages are awarded in rare cases where the defendant's conduct was particularly egregious or reckless. Unlike compensatory damages, which are intended to cover the victim's losses, punitive damages serve a different purpose. They are designed to punish the defendant for extreme negligence or malicious behavior and to deter others from engaging in similar conduct.
To be eligible for punitive damages, the defendant's actions must go beyond simple negligence and demonstrate a complete disregard for the safety of others, qualifying as gross negligence.
At The Edwards Law Firm, our experienced Laredo premises liability attorneys are here to help you through every step of the process. We will work tirelessly to ensure that you receive the total compensation you are entitled to.
Contact us today at 361-320-6752 for a free consultation to get started on your case.
