Waco Premises Liability Attorney
Property owners in Waco have a duty to keep visitors safe while you are on their premises. If they fail and you are injured due to their negligence, you have the right to pursue a premises liability claim for damages. Our Waco premises liability attorneys can help you hold the property owner accountable. Call us at (713) 225-0500 or reach us online to schedule a free consultation.
Why Choose Our Waco Premises Liability Lawyers?
- We will vigorously fight for your rights and will not settle for less than you deserve.
- We have secured hundreds of millions in compensation on behalf of clients.
- We take premises liability cases on a contingency fee basis, so there are no upfront fees, and you only pay if you win.
How Can a Premises Liability Attorney Help?
Property owners are not responsible for all injuries that occur, and you must be able to prove that their negligence was the cause of your injury. With a Waco personal injury attorney’s extensive experience, resources, and knowledge of state premises liability laws, you can feel confident in knowing that they will establish liability and build a solid case. They will handle every aspect of your case for you and protect you from dealing with the insurance company directly. Insurance adjusters are trained to pay as little as possible on claims and will likely try to devalue your case by blaming you. An attorney will handle all negotiations on your behalf to ensure you recover the compensation you deserve.
Do You Have a Premises Liability Case?
To successfully pursue a premises liability claim, there must be proof of the following elements:
- The owner or manager was in control of the property at the time of your accident and injury.
- The owner or property manager was negligent in inspecting or maintaining the property, creating an unreasonably dangerous hazard.
- The owner knew or should have known about the hazardous condition, and failed to take action to fix it or warn visitors.
- The owner’s or manager’s negligence directly led to your injuries and losses.
- You suffered damages (e.g., medical bills, lost wages, pain and suffering, etc.).
Whether or not you can recover compensation will also depend on your status on the property. In other words, you must have been legally allowed on the property at the time of the accident rather than a trespasser.
Common Types of Premises Liability Accidents
Premises liability claims arise from a wide variety of property-related accidents, for example:
- Slip and falls
- Swimming pool accidents
- Elevator / escalator accidents
- Inadequate security
- Break-ins or assaults in a hotel or residential complex
- Debris or objects in walkways
- Poor lighting
- Chemical exposure
- Staircase accidents
- Dog bites / animal attacks
- Preventable fires
Depending on the circumstances, resulting injuries can be severe with long-lasting or possibly permanent repercussions.
Types of Compensation Available in a Premises Liability Claim
The following types of compensation are often available in a Waco premises liability claim:
- Current and future medical expenses;
- Current and future lost income and benefits;
- Diminished earning capacity;
- Pain and suffering;
- Emotional distress;
- Loss of enjoyment of life, and more.
Texas is a modified comparative fault state, meaning you can recover compensation even if you were partially to blame for your accident. However, you must be less than 51% at fault, and your total compensation will be reduced in proportion to your percentage of the blame. For example, if you are awarded $500,000 and found 60% to blame, you will only receive 40% or $200,000. Whereas, if you are found 51% to blame, you cannot recover any compensation.
Common Types of Injuries in Premises Liability Accidents
There are many different types of injuries a person can suffer in a premises liability accident such as a slip and fall. For example:
Traumatic Brain Injury
A traumatic brain injury (TBI) can range from mild to severe. However, even a minor TBI or concussion can have long-term consequences. In extreme cases, victims can suffer permanent cognitive or physical impairment.
Victims can suffer various types of back injuries, such as herniated or bulging discs, disc fractures, spinal cord injuries, paralysis, and others. These injuries often result in chronic pain and lifelong complications.
Severe Bone Fractures
Broken arms, legs, ribs, and pelvis breaks are all common in even minor premises liability accidents. Fractures can take weeks to heal, may require surgery, and activities are typically restricted.
Damage to internal organs can be life-threatening if not treated immediately.
Scarring and Disfigurement
Lacerations or burns can occur, and if severe, they can cause long-term damage and significant scarring.
Whiplash is a common injury in a fall. It is caused by a sudden jolt to the body, which can cause muscles in the neck to become strained when they try to protect your brain and spine.
If a premises liability accident results in a victim’s death, the surviving family has the right to file a wrongful death claim for damages.
Some of these severe injuries can have delayed symptoms, which is why it is critical to seek medical care as soon as you leave the scene.
Time Limits on Filing a Premises Liability Lawsuit in Waco, TX
Each state imposes a deadline on premises liability cases, known as the statute of limitations. This law limits the amount of time an injury victim has to file a lawsuit for compensation. In Texas, you have two years starting from the date of injury. There are limited exceptions, and most often, if you file after the statute of limitations has passed, the courts will dismiss your claim, and you will be unable to recover compensation.
What To Do if You Have Been Injured on Someone Else’s Property
If you are injured on another party’s property, there are critical steps to take to protect your health and legal rights:
- Call 911 if you are severely injured. Emergency responders will transport you to the hospital if necessary.
- Document the scene if you do not believe your injuries require a trip to the hospital. Take photos of the property where you were injured, the dangerous conditions, and your injuries. If there were witnesses, ask for their information and if they will make a recorded statement on your phone.
- Report the injury to the property owner or manager. File an incident report and ask for their contact information. If they ask you to sign any documents related to the injury, wait until you consult a lawyer. They may be requesting that you sign a release of liability, which means you cannot hold them accountable for your injury.
- Seek medical care as soon as possible. Not only is it vital for your health, but medical records must link your injuries to the accident on the property.
Lastly, speak to a Waco premises liability attorney as soon as you can. Many offer free consultations, which you can use to discuss your legal options and what steps to take next.
Our Waco Premises Liability Attorneys Are Here to Help
If you have been injured in a slip and fall or other accident on someone’s property, contact our Waco premises liability lawyer at Craft Law Firm to discuss your legal rights and how we can help you recover compensation. We offer free consultations; call (713) 225-0500 or send us a message online today.