If an unreasonably dangerous condition on another party’s property caused an accident and you were injured, you could pursue compensation from the owner or occupier of the property. This area of law is called “premises liability,” and it can get complicated.
If you were in an accident on someone else’s property and suffered an injury, discussing your situation with a Pearland premises liability lawyer is worthwhile. A well-practiced civil attorney could advise you of the best legal options in your specific circumstances.
What Duty Does a Property Owner Owe a Visitor?
Legal negligence occurs when someone fails to fulfill a duty to another person and that individual suffers injuries as a result. Property owners and occupiers must keep their premises reasonably safe for visitors, but the extent of their duty depends on the reason the injured person entered the property.
If the injured person entered the property for business reasons or to enjoy a space that is open to the public, the owner/occupier has a duty to inspect for hazards, warn about them, and repair them as soon as possible. If the injured person was a social guest, the owner/occupier’s sole responsibility is to warn against hidden dangers they know about. Trespassers have no right to be warned of any hazards, but an owner/occupier may not intentionally create a hazard to deter them.
Owner and occupiers or their insurance companies might argue that an injured person was trespassing or a social visitor when, in fact, they should be considered a business invitee for the purpose of premises liability. A seasoned Pearland lawyer experienced with dangerous property cases could push back against this argument and insist that the owner/occupier take responsibility for their breach of duty.
Examples of Property Hazards
Almost any type of accident on another’s property could support a claim for premises liability. The important factor is that the cause of the injury was an unsafe condition on the property. Incidents that could lead to a claim for damages under premises liability law include:
- Exposure to toxins
- Workplace accidents
- Elevator and escalator malfunctions
- Animal attacks
- Injuries from falling merchandise or debris
A Pearland attorney could evaluate the circumstances leading to your accident on another person’s property. If they find that the owner or occupier breached a duty to you, they could be liable for monetary damages.
Statute of Limitations for Pearland Dangerous Property Claims
Statutes of limitation are laws that define how much time a claimant has to file a lawsuit seeking damages. For personal injury actions in Texas, Texas Civil Practice and Remedies Code §16.003 sets the filing deadline at two years from the date of injury. If a person was a minor at the time of the injury, the two years does not begin to run until their 18th birthday.
Individuals with premises liability claims are wise to seek legal advice soon after an accident happens, rather than waiting until the statute of limitations is set to expire. The evidence a Pearland attorney could collect immediately after an accident on another’s property is likely to be of higher quality when memories are fresh and physical conditions are unchanged. In addition, beginning negotiations with insurance companies soon after an accident could result in a quicker resolution.
Speak with a Pearland Premises Liability Attorney Right Away
Recovering from injury is tough in the best of circumstances, but it could be even tougher if you are simultaneously trying to negotiate adequate compensation from an insurance company. Therefore, you should rely on a professional advocate to handle your compensation claim.
A Pearland premises liability lawyer brings knowledge and skills to the negotiating table, and it shows in their results. Contact a talented local attorney today.