People visiting business, homes, or other spaces need to remember that private property owners can be held liable for injuries caused by their unreasonable conduct. However, the definition of unreasonable behavior varies depending on the circumstances, and even the most seemingly transparent examples of negligence can be challenging to pursue through a civil claim.
If you were hurt because a landowner did not fulfill their responsibility to keep you reasonably safe, talking to a Midland premises liability lawyer about your legal options should be a priority. A seasoned personal injury attorney from Kirk Law Firm, PLLC, could negotiate with a stubborn defendant and fight for a fair case result on your behalf.
What Justifies a Premises Liability Claim?
Unfortunately, a property owner is not automatically liable when someone gets hurt on their land. Just like with other forms of personal injury claims, premises liability actions require the injured plaintiff to prove negligence in order to collect financial compensation. The legal definition of this negligence changes based on a plaintiff’s reason for visiting that particular property.
For example, if a person visits private property for their own entertainment, like a social gathering, and then is harmed, the property owner would only be legally liable if injury was caused by a known, dangerous condition. Meanwhile, if a shopper at a retail store was injured by a hazard that the business owner knew about or should have discovered during a “reasonable inspection,” then the shopper has a premises liability claim.
Reasonable inspection can be defined in different ways, depending on the kind of premises liability scenario. For instance, a store owner should ensure their staff members regularly check aisles for spills, but a customer who slips and falls over a hazard that just appeared might not be able to claim that the owner failed to perform a reasonable inspection. A knowledgeable Midland attorney from Kirk Law Firm, PLLC, could provide more guidance with this aspect of property liability cases.
Challenges Associated with Premises Liability Claims
Unfortunately, there are numerous factors that could complicate the process of filing a premises liability claim. For example, both Texas Civil Practice & Remedies Code §§33.001 and 33.012 prohibit any plaintiff who is more than 51 percent responsible for an accident from collecting any compensation. Additionally, these statutes allow courts to reduce a claimant’s monetary damages according to the level of blame they face.
Meanwhile, it is key to remember that, in most cases, TX Civ. Prac. & Rem. Code §16.003 outlines that most claimants must file their premises liability lawsuit within two years of an accident. Only specific exceptions can extend this usually rigid time limit. Thankfully, one of our proactive Midland lawyers could help a client adhere to this statute of limitations and combat frustrating allegations of comparative negligence.
Speak with a Midland Premises Liability Attorney to Learn More
When it comes to premises liability cases, recognizing that a property owner failed to keep you safe and proving this in court are two very different processes. Even if you have substantial evidence to support your claim, recovering the compensation you deserve could be nearly impossible without the help of an experienced personal injury attorney.
By working with a Midland premises liability lawyer, you could dramatically improve your chances of seeking justice. Call Kirk Law Firm, PLLC today to schedule your initial consultation.