Kerrville Premises Liability Lawyer Helping Injured Clients Get Maximum Compensation in Texas

Every year, millions of dollars are awarded as compensation to plaintiffs all over the country who were injured in a premises liability accident. As high as that number may seem, there is an ever more significant number of premises liability accidents that go unreported, even though the victims were injured due to someone else’s negligence. Many people do not know what to do or how to even begin the process of filing a premises liability claim. Learn how premises liability claims work and why seeking the help of an attorney may be a good idea.

What Is Considered a Premises Liability Claim in Texas?

Premises liability is an area of personal injury law that addresses claims of victims injured due to the negligence of a party responsible for the maintenance and control of a property – such as a homeowner, a landlord, a business owner, or a manager. Several types of accidents and hazardous situations could be considered a premises liability claim, from a fall due to a poorly maintained staircase to a dog bite and even a criminal offense that occurred due to insufficient security in a building.

It is usually understood that the accident and injury could possibly have been prevented if the party responsible for the property where it happened had acted with a reasonable level of care. That means they should take action to maintain the safety and well-being of those individuals lawfully present on the property. If an area poses a risk that cannot be easily repaired, the property owner is expected to post appropriate warnings to the public – such as a “wet floor sign” near an area of slippery floors being mopped or a “no lifeguard on duty” at a hotel swimming pool where guests swim without an employee supervising them, for example.

What Are the Most Common Types of Injury in a Premises Liability Accident?

The most frequent type of premises liability claim is a slip and fall – so much so that the term premises liability is often used interchangeably with the term slip and fall. However, a slip and fall is one of many accidents that can be categorized as a premises liability claim. It happens when a person slips or trips and falls after encountering a hazard such as uneven floors or carpeting, slippery or wet floors, sidewalks covered in ice or snow, or any other similar obstacle that causes them to lose their balance and fall. Injuries sustained after a slip-and-fall accident can be as minor as a few bumps and bruises or as severe as a Traumatic Brain Injury.

In addition, poorly maintained building fixtures such as escalators are also a frequent type of premises liability claim. The CDC estimates that over 17,000 people are injured in accidents involving escalators and elevators every year – many of which would likely have been prevented with proper maintenance.

Dog bites and dog attacks are also considered a type of premises liability claim, as it is understood that pet owners should be in control of their animals and are responsible for any damages the animal may cause. If an individual is lawfully present on a property, it is the dog owner’s responsibility to restrain a poorly trained or aggressive dog properly. If the dog is loose and ends up biting someone or otherwise causing them any harm, the injured individual may have a premises liability claim against that dog owner.

How Can You Prove Your Injury Was Due to Someone Else’s Negligence?

Every premises liability claim can be said to involve a preventable injury that occurred while an individual was present on someone else’s property. The injury is preventable because it is understood that it was caused by the property owner’s negligence – the property owner or party in control of the property is responsible for maintaining a safe environment for everyone who lawfully enters the area, and because they failed to take action to remedy a hazardous situation or post proper warnings, someone got hurt.

As in any personal injury case, a premises liability claim requires the plaintiff (the victim) to come up with evidence to prove their claim. In order for a premises liability claim to be valid, the plaintiff is expected to demonstrate that (1) the property owner owed them a duty of care; (2) the property owner breached their duty of care by neglecting to do what is needed to keep a safe environment on their property; (3) their breach of duty of care caused an unsafe situation that led to the plaintiff getting injured; (4) the plaintiff sustained significant injuries and damages as a direct result of the defendant’s breach of duty of care. An experienced premises liability attorney can be instrumental in helping you prove all of these elements and build a strong claim.

How Much Is a Premises Liability Claim Worth?

If you have been seriously injured in a premises liability accident, you may be wondering how much money you can receive for your claim – especially when your injury requires you to spend time away from work. Premises liability claimants may be entitled to seek compensation for both economic and non-economic damages.

Economic damages are verifiable financial losses that occurred as a result of your accident. The cost of emergency medical care (including an ambulance ride, an emergency room visit and x-rays, MRIs, or any other exams, for example), as well as medical bills accumulated in the process of recovery (surgery, doctor visits, prescriptions, and the cost of home health care, if applicable), are typical examples of economic damages. If you have been unable to work or otherwise have not been making your regular weekly income, you may also include lost wages as another type of economic damage.

In some cases, the accident and injury resulted in significant emotional distress and pain for the victim. Being stuck in an elevator for hours, being attacked by a dog, or suffering broken bones after a bad fall are just some of the many situations that can not only be painful but highly traumatic for the affected individual, leaving emotional scars that can affect them for a long time. These more subjective elements of a premises liability claim are referred to as non-economic damages, or “pain and suffering,” and can also be included in the total value of a premises liability claim.

The more serious the injuries and the more significant the damages sustained, the higher the value of your claim may be. However, every premises liability case is unique and involves unique circumstances, so the only way to get an accurate estimate of how much money you may be able to receive for your specific case is to consult a Kerrville premises liability lawyer.

When Should You Call a Kerrville Premises Liability Attorney?

Premises liability claims are some of the most common types of personal injury claims, and because of that, your chances of receiving compensation by filing a claim without the help of an attorney can be pretty slim. The burden of evidence falls on you as the victim, and only a seasoned Kerrville premises liability lawyer has the knowledge and skills needed to help you gather enough evidence and guide you through the process of building a solid case.

At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team have helped numerous premises liability victims to receive the compensation they deserve. Having handled several premises liability cases in Kerrville and surrounding areas, the Law Offices of S. Dylan Pearcy can provide you with professional, accurate legal services and advice for your case. They will take care of every aspect of your claim on your behalf, so you can focus on what really matters – getting back on your feet and spending time with your loved ones.

If you have been injured in a premises liability accident, don’t try to figure it all out on your own. Contact the Law Offices of S. Dylan Pearcy in Kerrville, TX, by calling (830) 222-8629 and requesting an initial consultation to learn your options. We look forward to discussing your case and explaining how we may be able to help.