If you are injured while on someone else’s property because of a hazard that the property owner or business should have known about, you may have the right to pursue a legal claim. The most common accident that happens on another’s property is a slip and fall injury, though there are many kinds of accidents that can occur on other people’s property.

At the Sloan Firm, we understand that right now you may be more focused on recovering from your injury than pursuing legal action. However, if your medical bills begin to pile up as a result of your injury, you should explore your legal options. Call us today for help!

We listen to your full account of what happened, give free advice on your best legal options, and give you an honest assessment on whether you have a case. We can independently investigate your accident to find out what happened and who might be held responsible, and work with experts in recreating the events and putting together a strong case.

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Common Types of Premises Liability Claims

Premise liability claims include most kinds of accidents that occur on a property due to a hazard. Common types of premises liability claims include:

  • Slip/trip and fall
  • Inadequate security
  • Inadequate lighting
  • Dog bites
  • Swimming pool accidents

  • Object falling
  • Faulty safety equipment
  • Accidents on elevators or other defective equipment
  • Rain or ice
  • Loose rugs, tiles or other flooring

You may be surprised to learn that premises liability law is in effect at shopping malls, sidewalks, parking garages, parking lots, school campuses, apartment complexes, and even your workplace. If you have suffered an injury due to improper premises maintenance, you may be entitled to compensation for your injuries, pain and suffering.

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Proving Liability in a Premises Liability Case

premises-liability

Premises liability is the area of law that handles accidents that occur on public or private property, such as slip and fall injuries. Premises liability claims are mostly based on negligence – being able to prove that a property owner was careless in not repairing or warning about a hazard on their property.

Fault can be established in a premises liability case in three basic ways:

  • By showing that the property owner or their employee caused the hazardous condition.
  • By showing that the property owner or their employee knew about the hazardous condition but did not fix it.
  • By showing that the property owner or their employee should have known about the hazardous condition because a reasonable person would have known and would have repaired it.

Texas follows the rule of comparative negligence or comparative fault both in allowing a claim to be brought and in determining the amount of damages. That means that if you were partially to blame for your accident, your award for your injuries and other damages may be lessened by the amount that you were comparatively at fault. The percentage of your comparative fault is determined by a judge or jury.

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Proving Liability in New Mexico

New Mexico’s approach to premises liability depends on the circumstances. Sometimes they follow a “mode of operation” approach, and sometimes a “recurring risk” approach. For the mode of operation approach, the plaintiff must prove that the injury is related to the defendant business’s mode of operation, and that the business could reasonably anticipate the hazardous conditions. The test for the recurring risk approach, which is used in some cases, is whether the property owner exercised ordinary care to prevent injuries.

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Types of Compensation Available in Premises Liability Cases

There are a number of different types of damages or compensation that you could recover for your injuries if you are injured on someone else’s property and they are shown to be at fault for your accident. For instance:

  • Medical expenses
  • Mental anguish
  • Pain and suffering
  • Permanent disability

  • Loss of enjoyment of life
  • Lost earning capacity
  • Lost wages
  • Loss of consortium

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What to Do If You Get Hurt on Someone Else’s Property

If you were injured, it is important to seek medical care as soon as possible and document what you can about what happened. Seeking medical treatment will help you document that your injuries were in fact caused by your slip and fall accident.

Many serious injuries can result from slip and fall accidents and other property-related accidents, including broken bones, brain injuries, severe cuts, and back injuries. It is very important that you seek medical attention immediately following a slip and fall accident, as not all injuries will be obvious. If you do not recover as you anticipate, continue to schedule follow-up appointments so you may be evaluated.

If you are hurt in an accident at a business or commercial property, file an accident report with management as soon as possible. The report should describe:

  • What happened
  • Where it happened

  • Who saw it happen
  • Details about any hazardous conditions which may have contributed to your injury

If your accident occurred on public property, file a report with the governmental body as soon as possible, preferably on the same day as your accident.

If you slipped and fell at a private residence, it is not necessary to fill out an accident report. But it would be helpful in this and in all cases to take detailed notes about the circumstances of your accident and take photographs of the accident site from many different angles in order to document the scene.

If you have suffered an injury on someone else’s property due to their negligence with regards to the property, you may be protected under premises liability law. It is the property owner’s responsibility to take care of or put warning signs out for anything that could pose an unreasonable safety hazard to the people on his or her property.

Contact our premises liability lawyers today if you or a loved one was injured in a slip and fall or trip and fall accident. We have lawyers ready to help you in throughout East Texas and New Mexico from our offices in Longview, Houston, and Santa Fe. We can provide the advice and guidance needed to help you through this painful experience. The consultation is free and comes with no risk and no obligations.

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