I Got Hurt on Someone’s Property, What Should I Do?
Accidents happen, but when an injury occurs on someone else's property, the legal process can feel overwhelming. The physical pain, mounting medical bills, and uncertainty about legal options can create immense stress. However, Texas law provides clear guidelines for holding property owners responsible under premises liability.
Knowing your rights and the right steps to take can help protect your claim and potential compensation. Not sure where to start? Located in Fort Worth, Texas, at The Haslam Firm, we're here to help. Here’s what you need to know.
An Intro to Premises Liability in Texas
Premises liability refers to the legal responsibility property owners have for injuries that occur on their property due to unsafe conditions. Property owners and managers are expected to maintain a safe environment for visitors and guests, making sure hazardous conditions are addressed promptly. In Texas, a valid claim requires proving that:
The property owner had a duty to keep the premises safe.
A dangerous condition existed on the property.
The owner knew or should have known about the hazard.
The hazard caused the injury.
The level of care a property owner owes depends on the injured person’s status. Texas law categorizes visitors into three distinct groups:
Invitees: Customers, clients, or others lawfully on the property for business purposes. Property owners owe them the highest duty of care. This means regularly inspecting the premises, addressing hazards, and warning about potential dangers.
Licensees: Social guests or individuals on the property with permission but for non-business purposes. The owner must warn them of known dangers, even if those hazards are not immediately obvious.
Trespassers: Individuals on the property without permission. Owners generally owe them no duty, except to avoid intentional harm. However, in some cases, if a trespasser is a child, the property owner may be responsible if an attractive nuisance, such as a swimming pool, contributed to the accident.
Immediate Steps to Take After an Injury
If you've suffered an injury on someone else's property, taking the right steps can protect your rights and strengthen your case. Failing to act promptly can result in missing critical evidence and jeopardizing your ability to seek compensation.
1. Seek Medical Attention
Your health should always be the priority. Even if injuries seem minor, seeking medical attention can help detect underlying issues like concussions, fractures, or internal bleeding that might not be immediately apparent.
Medical professionals can document the extent of the injuries, which is essential for supporting a premises liability claim. Delaying medical treatment can make it harder to connect injuries to the accident, giving insurance companies an opportunity to dispute your case.
2. Report the Incident
Inform the property owner, manager, or landlord about the accident as soon as possible. If the injury occurred at a business, request an incident report and ask for a copy. This documentation serves as an official record of the event, helping establish the timeline and details of the accident.
If the owner refuses to provide a written report, make sure to document the conversation yourself, noting names, dates, and any relevant statements.
3. Gather Evidence
Strong evidence can make a difference in a premises liability claim. Consider collecting:
Photos and videos of the hazardous conditions, such as wet floors, broken steps, or poor lighting.
Contact information for witnesses who saw the accident or the unsafe conditions.
A written account of the incident while details are fresh, including the time, date, and location.
Medical records linking injuries to the accident, detailing diagnoses, treatment plans, and prognosis.
The more evidence available, the stronger the case will be when seeking compensation from the property owner or their insurance company.
4. Avoid Giving Statements
Anything said to the property owner, an insurance company, or on social media could be used to dispute your claim. Avoid admitting fault or downplaying injuries.
Stick to the facts and avoid speculation. Insurance adjusters often try to obtain recorded statements that can later be used against you. Politely decline such requests until you've spoken with a lawyer.
5. Consult a Lawyer
Premises liability cases can be challenging, and Texas law has strict deadlines for filing claims. A lawyer can assess the case, handle negotiations, and work toward fair compensation. Legal representation is crucial when dealing with insurance companies that may attempt to minimize or deny claims.
A skilled attorney can help you understand your rights and build a compelling case based on evidence and Texas law.
Common Causes of Premises Liability Claims
Unsafe property conditions can lead to serious injuries. Common causes of premises liability claims include:
Slip and falls: Wet floors, uneven surfaces, loose rugs, or poor lighting, all of which can create significant hazards.
Negligent security: Lack of cameras, poor lighting, or inadequate security personnel leading to assault or robbery. Property owners are expected to take reasonable steps to keep visitors safe from foreseeable crimes.
Defective stairs or railings: Broken steps or loose handrails can cause serious falls, especially in commercial buildings and apartment complexes.
Falling objects: Unsecured merchandise, ceiling fixtures, or construction debris can strike visitors, leading to head injuries or fractures.
Swimming pool accidents: Poor maintenance, lack of barriers, or missing safety signs can create dangerous conditions, particularly for children.
Dog bites: Property owners may be liable if they failed to control a dangerous animal or if a dog previously exhibited aggressive behavior.
What Compensation Is Available in a Premises Liability Case?
Texas law allows injured individuals to seek compensation for various damages, including:
Medical bills: Emergency care, hospitalization, surgery, therapy, and future medical expenses related to the injury.
Lost wages: Income lost due to an inability to work, including potential future earnings if the injury results in long-term impairment.
Pain and suffering: Physical and emotional distress caused by the injury, affecting overall quality of life.
Disability or disfigurement: Long-term effects that impact mobility, appearance, and daily activities.
Wrongful death: If a loved one dies due to unsafe conditions, surviving family members may have a claim for funeral costs, loss of income, and emotional distress.
How Comparative Negligence Affects a Claim in Texas
Texas follows a modified comparative negligence rule. This means:
If the injured party is found less than 51% at fault, compensation is reduced by their percentage of fault.
If the injured party is 51% or more at fault, they cannot recover damages.
For example, if a jury awards $100,000 but finds the injured party 20% at fault, they’d receive $80,000. Understanding this rule is crucial when evaluating settlement offers and deciding whether to take a case to trial.
Why Legal Representation Matters
Property owners and their insurance companies often try to minimize payouts or deny claims altogether. A strong legal firm can help by:
Investigating the cause of the accident through expert analysis and witness testimony.
Collecting and preserving evidence before it’s lost or destroyed.
Negotiating with insurance companies to secure a fair settlement.
Filing a lawsuit if necessary and representing clients in court.
Texas Statute of Limitations for Premises Liability Cases
Texas law sets a two-year deadline from the date of the injury to file a lawsuit. Missing this deadline can mean losing the right to pursue compensation. The sooner legal action is taken, the better the chances of preserving evidence and building a strong case.
Contact Us Today
Injuries on someone else’s property can have lasting effects, but Texas law provides legal options. Taking immediate action, gathering evidence, and seeking legal guidance can make a difference in the outcome of a premises liability claim.
If you or a loved one has been hurt due to unsafe conditions, we are here for you. We serve clients in Fort Worth, Texas, as well as the Dallas and Houston areas. Contact us at The Haslam Firm today.