If you want to demand compensation from someone who failed to protect you from harm on their property, you may have a complex legal endeavor ahead of you. While premises liability cases work similarly to standard personal injury claims in many ways, there are some key differences that—if not accounted for—could lead to you getting less restitution than you deserve.
Fortunately, assistance is available from seasoned personal injury attorneys who know how to fight and win on behalf of folks like you. After an accident on someone else’s property, speaking with a skilled San Marcos premises liability lawyer to determine your legal options for recovery should be your top priority.
WHEN ARE SAN MARCOS LANDOWNERS LIABLE FOR ACCIDENTS?
Like most personal injury claims, successful premises liability cases must be built around the legal theory of negligence. In other words, a plaintiff and their attorney must prove a landowner recklessly or carelessly violated a duty of care they owed a guest or visitor and that this irresponsible conduct was the direct cause of an injury sustained on their land.
Importantly, though, the specific “duty” that landowners owe visitors in the Lone Star State can change substantially depending on why the visitor is on their land. For example, landowners do not owe a duty of care to trespassers other than to avoid intentionally harming them. There may be exceptions to this rule when the trespassers are young children.
Otherwise, landowners are obligated to warn all lawful visitors about any property hazards and make reasonable efforts to fix or cordon off those hazards after discovering them. Landowners also owe an extra level of responsibility to “invitees,” who are people visiting the property for the owner’s benefits, like shoppers in a retail store. Property owners need to keep invitees safe by inspecting their public property regularly. A San Marcos premises liability attorney could provide vital guidance about whether a particular property owner’s actions constitute a legally actionable breach of duty.
GETTING PAID FAIRLY INSIDE FILING DEADLINES
A comprehensive lawsuit or settlement demand for injuries suffered on private property could seek restitution from a negligent landowner for both economic and non-economic losses. Recoverable damages in these cases could provide payments for:
- Medical expenses
- Lost income
- Lost ability to work in the future
- Personal property damage
- Physical pain from injuries
- Emotional distress and psychological trauma
- Lost consortium
- Lost quality of life
Even if the consequences of an accident are likely to last a lifetime, prospective plaintiffs in Texas generally only have two years after sustaining an injury to initiate legal action, per Texas Civil Practice & Remedies Code §16.003. Support from a seasoned property liability lawyer in San Marcos could be key to building the strongest possible case within this strict procedural time limit.
CONTACT A SAN MARCOS PREMISES LIABILITY ATTORNEY FOR HELP
Successfully achieving compensation from a negligent property owner for your injuries can be challenging to accomplish alone. As far too many people learn each year, there is no shortage of legal pitfalls and procedural obstacles that could get in the way of recovering fair compensation if you proceed without legal representation.
Instead of tackling your case alone, work with a San Marcos premises liability lawyer who has the knowledge and experience to help you achieve the positive case results you deserve. Call today to get started.