Premises liability is a field of law that deals with suing for injuries you sustain while on someone else’s property. These lawsuits can hold the property owners liable for any injuries caused by a danger on their premises – hence the name. There are hundreds of ways that people can be injured on someone else’s property, some of which can be incredibly severe.
If you or a loved one suffered injuries because of a danger on someone else’s property, talk to an attorney today. The Houston premises liability attorneys at The Queenan Law Firm represent injury victims and help them fight to get compensation for their medical expenses, lost wages, and pain and suffering. For a free consultation on your case, contact our law offices today at (817) 476-1797.
When Can You Sue for Injuries on Someone Else’s Property?
Texas law allows you to file a lawsuit any time you are injured because of someone else’s negligence. Negligence is a legal term referring to a situation where someone fails to use the proper care or skill expected of them, which leads to someone else’s injuries. In the case of a premises liability case, the owner of the property may have negligently allowed dangerous puddles, faulty wiring, uneven stairs, or other dangers to injure their guests.
Breaking down negligence further, one of the requirements the injured party (plaintiff) must show is that the property owner owed them a duty. Without owing the plaintiff a duty, the property owner has no legal expectations for how they must act. In most cases, the duty that a property owner owes its guests is the duty to keep the premises free of hidden dangers.
Property owners are expected to maintain their property so that hidden dangers and issues do not harm their guests. This requires them to either repair or clean up any dangers, or to at least warn guests. That means doing things like repairing loose hand-rails, cleaning up spills, clearing ice or snow from their sidewalks, covering exposed wiring, and replacing loose floorboards. At the very least, putting up a warning sign near the danger is often enough.
If you are injured because they failed to make the premises safe for guests, you may be able to sue them for their negligence. In most cases, it does not make a difference whether the property is a home or a commercial property – you can sue the owner of either. That means that if you slip and fall in a friend’s house or a store, you can still sue the property owner for your injuries.
Damages for Premises Liability Injuries in Houston, TX
In most cases, there is some type of insurance that may cover the accident. For private homes, homeowners insurance might cover injuries that occur in the house or on the property. For businesses and commercial properties, they may have liability insurance to cover accidents and such. In either case, this means that there is likely funding to pay for your injuries, even if the accident occurred at a friend or family member’s house – so you may not be costing them money directly if you sue.
Even though insurance is often available, talk to an attorney before accepting any damages or settlements from the insurance company. Many times, the money insurance is willing to pay for your accident is not enough to fully cover your needs.
When you are injured, you may face expensive medical bills, lost wages if you cannot go to work, and severe pain and suffering. Insurance is often willing to pay for medical bills and lost wages but may not fully cover their costs. However, a lawsuit may be able to provide damages for pain and suffering – which could be the largest portion of damages in some cases. A lawsuit may also provide “punitive damages,” which are additional damages the at-fault party pays as punishment for repeated or extremely dangerous negligence.
When receiving damages for your injuries in a lawsuit, the jury can award you whatever damages you prove are connected to the accident. That means that any medical costs which your doctor recommended for treating your injuries, as well as the cost of hospital visits, medical transportation, imaging, medical devices (e.g. crutches or a wheelchair), and physical therapy should also be covered. If you cannot go to work (or are too injured to ever return to the workforce), suing for lost wages can help support you and your family going forward. Lastly, though money cannot reverse pain and suffering, damages are often available to make up for them as much as possible.
If you are married, your spouse may also be able to file a “loss of consortium” claim to recover damages for their loss in the services you provide around the house or in your relationship.
Premises Liability Attorneys Offering Free Consultations in Houston
If you or a loved one was injured in an accident that took place on someone else’s property, talk to an attorney today. You may be able to file a lawsuit to recover compensation for your injuries. Talk to the Houston premises liability lawyers at The Queenan Law firm before accepting any settlements. Our lawyers are available for free consultations at (817) 476-1797.