When you are injured on someone else’s property, whether it be a public or private establishment, it can be overwhelming to plan out your next steps. Remember to stay calm, collect as much evidence as you can, and seek medical attention right away.
To learn about your specific claim, schedule your consultation now with the Falcon Law Group so that you can then have a better understanding of your potential claim and legal rights. Se Habla Español!
What Is a Premises Liability Accident?
A premises liability accident occurs when someone is injured on another person’s property, oftentimes due to the negligence or wrongdoing of another. There are several legal elements that must be proven in premises liability claims. They include:
- A dangerous condition existed on the other person’s property
- The person who owned or controlled the property knew or should have known about the danger; they were negligent in some way regarding that danger
- Because of their negligence, you were injured or your property was damaged in some way
Showing a physical injury or property damage is often fairly straight forward, but the first two elements aren’t always easy to prove.
What Are the Most Common Types of Premises Liability Claims?
In McAllen, the most common premises liability claims include:
- Slip and fall accidents
- Swimming pool accidents
- Dog bites
- Elevator and escalator accidents
- Construction site accidents
- Stair collapse
- Negligent security
- Negligent fire safety
- Accidents caused because of poor lighting
- Hotel accidents
- Parking lot accidents
Slip and falls along with tripping accidents are the most common premises liability claims in McAllen. These often occur in restaurants, hotels, and grocery stores (and among other places). While there are many people who joke about these types of accidents, the truth of the matter is that the injuries caused by those types of premises liability claims (and any other) can be very serious.
What Are the Most Common Injuries Caused by Premises Liability Claims?
The most common injuries caused by premises liability claims include:
- Traumatic brain injury
- Concussion
- Neck injury
- Back injury, including a spinal cord injury
- Simple or complex fractures
- Burn injuries
- Crushing injuries
- Secondary infections
- Wrongful death
- Strains and sprains
How Is a Premises Liability Claim Proven?
To prove a premises liability claim in Texas, there are specific legal elements that must be established. This is done by verifying that you have evidence that supports your claim. However, your evidence must meet specific legal standards established by the State of Texas. To prove that your premises liability claim is valid from a legal perspective, your evidence must show that:
- The injuries and/or property damage you received were caused by the negligence of the property owner or the person responsible for the property.
- The property owner or their representative knew about the problem on the property and that they should have taken some sort of reasonable action to protect others about it.
- You have ongoing proof of how your injuries impact you. This may include, and may not be limited to, your ability or inability to work or participate in your life along with your medical expenses.
How Long Do You Have to File a Premises Liability Claim?
In Texas, you have two (2) years from when you discover that you’re injured or from the date of the accident to file your claim. However, it’s usually best to file your premises liability claim as soon as possible so that evidence can be preserved.
Why You Should Hire a McAllen Premises Liability Lawyer
Premises liability claims aren’t always easy to prove. There are also multiple deadlines when it comes to dealing with an insurance company and the court. And what happens if the other denies that it’s their fault you were hurt or if they say you had a pre-existing condition? The experienced and passionate McAllen premises liability lawyers of the Falcon Law Group are here to help you focus on your recovery. Our job is to help you get the compensation you need and deserve while you focus on getting better. Schedule your consultation now.
