Many Allen residents go about our daily chores without giving them too much thought. Unfortunately, sometimes those routine trips can turn anything but routine when you suffer an injury at someone’s place of business.
Fortunately, though, there is help available in the form of a qualified personal injury attorney. If you or someone you know suffered has injury an injury on another person’s premises, an experienced Allen premises injury lawyer could help you explore your options and better understand your rights. Speak with a capable personal injury attorney that could fight for you.
The Basics of a Premises Liability Claim
As a general rule, an owner has a duty to keep their premises in a safe condition. For an invite onto that property, the owner would be charged with reducing or eliminating unreasonable risks that are known or should be readily apparent.
In order to establish a premises claim, a claimant must show that:
- The owner had actual or constructive knowledge of a condition which posed an unreasonable risk of harm
- The owner failed to take steps to ameliorate or eliminate the risk or alternatively, failed to warn the user of the risk
- This failure was a proximate cause of the claimant’s injury
If the elements of a premises liability claim are met, certain damages might be available in a given case, including compensation for medical expenses, pain and suffering, and lost wages or future earning impairment. However, there are various distinctions between premises and negligence claims in Texas, so it might be useful to speak with an Allen premises liability lawyer to ensure that the proper claim is brought on behalf of the injured party.
Sharing the Blame for an Accident on Private Property
In some cases, it is not entirely clear who is legally responsible for an accident. In Texas, a claimant who is found partially responsible for their own injury is not barred from seeking recovery, so long as their responsibility is not adjudged to be greater than 50 percent.
However, any recovery may be reduced by the claimant’s percentage of fault up to 50 percent under Tex. Civ. Prac. & Rem., §33.001. For instance, if a claimant suffers $100,000 in damages due to an accident but is 45 percent at fault for the accident, their recovery may be limited to $55,000 plus prejudgment interest and court costs.
Statute of Limitations
Generally, under Texas law, a person who suffers harm through the negligence or wrongdoing of another person has two years from the date of the accident to bring suit, or their claim may be time-barred under Tex. Civ. Prac. & Rem. §16.003 (a). Certain cases against certain entities may even have a shorter limitations period. It may be a good idea to speak with a premises accident lawyer in Allen as soon as possible so that a claim is not forfeit for lack of timeliness.
How an Allen Premises Injury Attorney Could Help
No one expects to be injured at another’s place of business. If it does happen, it can cause pain, confusion, and disruption to your life. One way to get back on your feet, though, could be to consult with an experienced Allen premises liability lawyer, who could guide you through the process of obtaining a recovery for your injuries. To see what a dedicated attorney could do for you, call today to set up a consultation.