Serving The Wrongfully Injured In Texas Since 1962

McAllen Premises Liability Lawyer

Last updated on March 26, 2025

Have you or a loved one been injured on someone else’s property due to negligence? Contact The Edwards Law Firm today to schedule a free consultation. Our team of experienced premises liability lawyers will fight to ensure that you receive the compensation you deserve.

Property owners have a duty to ensure their premises are safe for visitors. This includes repairing hazardous conditions, clearly marking ongoing dangers, and installing permanent safeguards for unavoidable risks. Failure to address these safety measures 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 suffer an injury on someone else’s property, whether it’s public or private, it’s crucial to seek assistance from a knowledgeable personal injury attorney. The experienced McAllen premises liability lawyers at The Edwards Law Firm have a proven track record of successfully handling personal injury claims and are ready to leverage their expertise for your case.

‘What Steps Should I Take If I Am Injured On Someone Else’s Property?’

If you are injured on someone else’s property, it’s important to take specific steps to ensure your health and protect your legal rights. Here are the steps you should follow:

Seek immediate medical attention: Your health is the top priority. Seek medical attention as soon as possible, even if you believe your injuries are minor. Some injuries may not be immediately apparent and can worsen over time. Medical records will also serve as crucial evidence if you decide to file a claim.

Report the incident: Notify the property owner, manager, or employee about the accident as soon as possible. Request that they document the incident in an official report and provide you with a copy. If the accident occurred on commercial property, ask for the name and contact information of the person you spoke with.

Document the scene: If you are able, take photographs or videos of the accident scene, focusing on the hazardous condition that caused your injury. Capture different angles and include any relevant signs or warnings (or lack thereof). If there were witnesses to the incident, obtain their contact information and, if possible, ask them to provide written or recorded statements.

Preserve evidence: Keep any physical evidence related to the accident. This might include the clothing and shoes you were wearing, as well as any objects that may have contributed to your injury. Do not alter or repair any damaged items before consulting with an attorney.

Keep detailed records: Maintain a detailed record of everything related to the accident and your injuries. This includes medical bills, prescription receipts, and any correspondence with the property owner or their insurance company. Also, keep a journal documenting your symptoms, medical treatments, and how the injury has affected your daily life.

Avoid making statements: Be cautious about discussing the incident, especially with the property owner’s insurance company. Do not admit fault or downplay your injuries. Insurance adjusters may use your statements against you to reduce or deny your claim.

Consult with a personal injury attorney: Contact an experienced McAllen premises liability lawyer who specializes in premises liability cases. An attorney can help you understand your legal rights, evaluate the strength of your case, and guide you through the claims process. They can also negotiate with the property owner’s insurance company on your behalf and represent you in court if necessary.

Follow medical advice: Adhere to the treatment plan prescribed by your healthcare provider. Attend all medical appointments, follow through with recommended therapies, and take prescribed medications. Compliance with your treatment plan not only aids your recovery but also demonstrates the seriousness of your injuries.

File a claim: With the assistance of your attorney, file a premises liability claim against the property owner. Your attorney will help you gather and present evidence to support your claim, including medical records, witness statements, and documentation of the hazardous condition.

Prepare for possible litigation: While many premises liability claims are settled out of court, some may require litigation. Be prepared for the possibility of a lawsuit. Your attorney will guide you through the legal process, from filing the complaint to representing you in court.

Taking these steps promptly and thoroughly can significantly impact the outcome of your premises liability claim. By documenting the incident, preserving evidence, and seeking legal advice, you can protect your rights and increase your chances of receiving fair compensation for your injuries. If you have been injured on someone else’s property, contact a skilled McAllen premises liability lawyer to discuss your case and explore your legal options.

Common Types Of Premises Liability Accidents In Texas

Premises liability accidents in Texas can occur in various settings and involve different types of hazards. Here are some of the most common types of premises liability accidents:

Slip-and-fall accidents: Slip-and-fall accidents are among the most common types of premises liability cases. They typically occur due to wet floors, spilled liquids, uneven surfaces, loose carpets, poor lighting, or icy walkways. Property owners are responsible for promptly addressing these hazards or providing adequate warnings to prevent injuries.
Trip-and-fall accidents: Trip-and-fall accidents happen when an individual trips over an obstacle or uneven surface. Common causes include exposed wiring, cluttered walkways, cracked sidewalks, potholes, and poorly maintained flooring. Like slip-and-fall cases, property owners must maintain safe walking areas and address potential tripping hazards.
Inadequate security: Inadequate security claims arise when a person is injured due to criminal activity that could have been prevented with proper security measures. This can include insufficient lighting, lack of security personnel, broken locks, or malfunctioning security cameras. Property owners, especially those of apartment complexes, parking garages, and shopping centers, are expected to provide adequate security to protect visitors.
Swimming pool accidents: Swimming pool accidents can occur due to a variety of hazards, including lack of supervision, inadequate fencing, slippery surfaces, or defective pool equipment. Property owners must ensure that pools are safe, properly maintained, and comply with safety regulations to prevent drownings and other injuries.
Dog bites and animal attacks: Property owners can be held liable if their pets cause injuries to visitors. Dog bites and animal attacks can result from failing to restrain or properly train an animal. Texas has specific laws regarding liability for dog bites, and owners can be held responsible if they knew or should have known their pet was dangerous.
Fires and explosions: Fires and explosions can result from faulty wiring, gas leaks, flammable materials, or other hazardous conditions. Property owners must ensure that their premises comply with fire safety codes and regulations, including having functional smoke detectors, fire extinguishers, and clear evacuation routes.
Elevator and escalator accidents: Accidents involving elevators and escalators can occur due to mechanical failures, improper maintenance, or design defects. Property owners must regularly inspect and maintain these devices to ensure they operate safely.
Falling objects: Falling object accidents can happen in retail stores, warehouses, or construction sites where items are improperly stored or secured. Injuries can occur if objects fall from shelves, scaffolding, or other elevated areas. Property owners must ensure that items are safely stored and that warning signs are posted when necessary.
Amusement park accidents: Amusement park accidents can result from ride malfunctions, operator errors, or unsafe park conditions. Park owners and operators are responsible for maintaining equipment, providing proper training to staff, and ensuring that safety protocols are followed.
Toxic exposure: Toxic exposure claims involve injuries resulting from exposure to hazardous substances, such as chemicals, mold or asbestos. Property owners must ensure that their premises are free from harmful substances and that any necessary warnings or protective measures are in place.
Construction site accidents: Construction site accidents can affect workers and bystanders. Common causes include falling debris, unsecured equipment, exposed electrical wires, and unsafe scaffolding. Construction site owners and contractors must adhere to safety regulations to protect everyone on the site.

Premises liability accidents in Texas can occur in various settings and involve numerous hazards. Property owners are responsible for maintaining safe conditions and addressing potential dangers to prevent injuries. If you have been injured in a premises liability accident, it’s crucial to seek legal advice from an experienced attorney to understand your rights and pursue compensation for your injuries.

Unique Characteristics Of McAllen Premises Liability Law

Premises liability law in McAllen, Texas, follows the general principles of Texas premises liability law, but there are some unique characteristics and local factors that can influence how cases are handled. Here’s a detailed look at these unique characteristics:

Texas Premises Liability Law Basics

Duty of Care: Property owners in Texas owe different levels of duty of care to visitors depending on their status as invitees, licensees, or trespassers.
- Invitees: These are people who enter the property for the benefit of the owner, such as customers in a store. Property owners owe the highest duty of care to invitees, requiring them to regularly inspect and maintain the property and warn of any known hazards.
- Licensees: These are individuals who enter the property for their own benefit or as social guests. Property owners must warn licensees of any known dangers but are not required to inspect the property for unknown hazards.
- Trespassers: These are individuals who enter the property without permission. Property owners owe the least duty of care to trespassers, only needing to avoid willful or wanton harm.

Statutory Framework

Texas Civil Practice and Remedies Code: The statutory framework for premises liability in Texas is outlined in this code, which governs the duties and responsibilities of property owners and the rights of injured parties.

Local Factors in McAllen

Weather conditions: McAllen’s hot and humid climate can contribute to specific types of hazards, such as mold growth, slippery surfaces from condensation, and maintenance issues related to high temperatures.
Population and demographics: McAllen’s diverse population and large number of Spanish-speaking residents may necessitate bilingual legal services and considerations of cultural factors in premises liability cases.
Economic activity: McAllen’s economy, driven by international trade, retail and health care, means premises liability cases often involve commercial properties, warehouses and medical facilities. Each of these settings has specific risks and standards of care.

Local Ordinances And Codes

Building and safety codes: McAllen has specific building codes and safety regulations that property owners must follow. Violations of these codes can serve as evidence of negligence in premises liability cases.
Health and safety inspections: Regular inspections by local authorities ensure compliance with health and safety standards, and records of these inspections can be crucial in premises liability claims.

Legal Process And Considerations

Evidence collection: Gathering evidence such as surveillance footage, maintenance records, and witness statements is critical. Local businesses and properties in McAllen may have specific protocols for handling and storing such information.
Insurance coverage: Many commercial properties in McAllen have liability insurance policies that cover premises liability claims. Understanding the specifics of these policies and negotiating with insurance companies is an essential aspect of pursuing a claim.
Statute of limitations: In Texas, the statute of limitations for filing a premises liability claim is typically two years from the date of the injury. It’s important to act within this timeframe to preserve your legal rights.

Premises liability law in McAllen, Texas, operates within the broader framework of Texas law but is influenced by unique local factors such as weather conditions, demographics, and economic activities. Property owners in McAllen must adhere to local ordinances and safety codes, and injured parties must navigate specific challenges related to evidence collection, insurance negotiations, and legal processes. Understanding these unique characteristics is essential for effectively handling premises liability cases in McAllen.

If you’ve been injured on someone else’s property, consulting with an experienced McAllen premises liability lawyer can help you navigate these complexities and pursue the compensation you deserve.

Damages Available In A McAllen Premises Liability Case

In a McAllen premises liability case, the types of damages that an injured party can seek generally fall into three main categories: economic damages, non-economic damages, and in some cases, punitive damages. Here’s a detailed breakdown of each type of damage and what it typically includes.

Economic Damages

Economic damages are intended to compensate the injured party for quantifiable financial losses. These damages include:

Medical Expenses

Current medical bills: Costs for emergency room visits, hospital stays, surgeries, doctor appointments, medication, medical devices, physical therapy, and any other treatment required as a direct result of the injury.
Future medical costs: If the injury necessitates ongoing medical care, rehabilitation, or future surgeries, compensation for these anticipated expenses can be sought.

Lost Wages

Current Lost Income: Wages lost due to the inability to work while recovering from the injury.
Future Lost Earnings: If the injury results in a long-term or permanent disability that affects the injured party’s ability to earn a living, compensation for future lost wages and diminished earning capacity can be pursued.

Property Damage

Personal Property: If personal belongings were damaged or destroyed in the incident, the cost of repair or replacement can be included in the claim.

Non-Economic Damages

Non-economic damages compensate for subjective, non-monetary losses that can significantly impact the injured party’s quality of life. These damages include:

Pain and Suffering: Compensation for physical pain and discomfort endured as a result of the injury, which can be acute or chronic.

Emotional Distress: Compensation for psychological impact, such as anxiety, depression, trauma, or any other emotional suffering caused by the injury.

Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy daily activities, hobbies, and other pleasures that the injured party was able to partake in before the injury.

Loss of Consortium: If the injury adversely affects the relationship between the injured party and their spouse or family members, compensation can be sought for loss of companionship, affection, and support.

Punitive Damages

Punitive damages are not typically awarded in every premises liability case. They are meant to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future. In Texas, punitive damages may be awarded if it can be proven that the defendant’s conduct was grossly negligent or demonstrated a willful disregard for the safety of others.

Factors Affecting The Amount Of Damages

Several factors can influence the amount of damages awarded in a McAllen premises liability case:

Severity of Injury: More severe injuries generally lead to higher compensation due to increased medical costs, greater impact on quality of life, and longer recovery times.
Impact on Earning Capacity: Injuries that significantly impair the victim’s ability to work or result in permanent disability will likely result in higher damages.
Degree of Negligence: If the property owner’s negligence was particularly egregious or reckless, it could result in higher compensatory and potentially punitive damages.
Mitigation of Damages: The injured party is expected to take reasonable steps to mitigate their damages, such as seeking timely medical treatment and following doctors’ recommendations. Failure to do so can reduce the amount of compensation awarded.

In a McAllen premises liability case, injured parties may be entitled to various types of damages aimed at compensating for both economic and non-economic losses. The specific circumstances of each case, including the severity of the injury and the degree of negligence involved, will influence the amount and types of damages that can be recovered. Consulting with an experienced McAllen premises liability lawyer is crucial to understanding your rights and maximizing your potential compensation.

Statute Of Limitations For A McAllen Premises Liability Claim

In Texas, the statute of limitations for filing a premises liability claim, including those in McAllen, is generally two years from the date of the injury. This means that an injured party has two years from the date the injury occurred to file a lawsuit against the property owner or responsible party. Here are some key points to consider regarding the statute of limitations for premises liability claims in McAllen:

General Rule: Two-Year Statute of Limitations

Personal Injury Claims: Most premises liability claims fall under the category of personal injury claims, which have a two-year statute of limitations in Texas.
Property Damage: If the premises liability claim also includes property damage, the two-year statute of limitations typically applies as well.

Exceptions To The General Rule

While the two-year statute of limitations is the standard for premises liability claims, there are a few exceptions and special circumstances that could affect the deadline:

Discovery rule: In certain cases, the injured party may not immediately discover their injury or the connection between the injury and the defendant’s negligence. The discovery rule may allow the statute of limitations to begin at the point when the injury was discovered or should have reasonably been discovered, rather than the actual date of the incident.
Minors and incapacitated persons: If the injured party is a minor (under 18 years old) or is legally incapacitated at the time of the injury, the statute of limitations may be tolled (paused). For minors, the statute of limitations typically begins to run when they turn 18. For incapacitated persons, it begins when they regain their legal capacity.
Government entities: If the premises liability claim is against a government entity, such as a city or county government, there are special notice requirements and shorter deadlines that must be followed. In Texas, a claim against a governmental entity must generally be filed within six months of the injury, although this can vary depending on the specific entity involved.

Importance Of Acting Promptly

Preservation of evidence: Evidence crucial to proving your claim can deteriorate or disappear over time. Acting promptly ensures that evidence such as surveillance footage, maintenance records, and witness statements are preserved.
Witness availability: Witnesses’ memories can fade over time. Gathering statements soon after the incident can strengthen your case.
Legal strategy: Early consultation with an attorney allows for the development of a strong legal strategy and ensures all procedural requirements are met.

The statute of limitations for premises liability claims in McAllen, Texas, is generally two years from the date of the injury. However, specific circumstances can alter this timeline. It is crucial to act quickly to preserve your rights and improve your chances of a successful claim. Consulting with an experienced attorney can help you navigate the legal process and ensure that your claim is filed within the appropriate timeframe.

Talk To A McAllen Premises Liability Lawyer

If you were injured on someone else’s property, The Edwards Law Firm may be able to help you. Our McAllen premises liability lawyers specialize in proving liability for their injuries and other damages. To learn how we can help you secure financial compensation for losses resulting from these accidents, contact our office at 361-217-6679 to schedule your free, no-obligation consultation.