When visiting a property in Texas, there’s a reasonable expectation that it will be maintained in a safe condition. Property and business owners have a legal obligation to ensure that their premises are free of hazards that could lead to injury. When they fail to do so, resulting in harm to a visitor or customer, Texas law allows the injured party to seek compensation. Understanding your rights and the challenges involved in pursuing a claim can empower you to take action if you find yourself in this unfortunate situation.
Legal Duty of Care for Property Owners
Under Texas law, property owners must maintain safe conditions on their premises. This duty of care extends to public areas like parking lots, walkways, and common spaces, as well as interiors, such as staircases and restrooms. The goal is to ensure a safe environment for everyone who has a legitimate reason to be on the property. When property owners fail to fulfill this obligation—whether by ignoring maintenance issues, neglecting repairs, or failing to provide adequate warning of hazards—injuries can occur, leaving victims with medical expenses, lost wages, and other damages.
Challenges in Filing a Premises Liability Claim
While Texas law is clear in holding property owners accountable for unsafe conditions, the claims process is often far from straightforward. Property owners and their insurance companies are frequently inclined to dispute or downplay claims. They may attempt to argue that the injured party was partially at fault or that the hazard was “open and obvious,” meaning the person could have avoided it. Such defenses aim to minimize or deny the claim, leaving victims without the compensation they need to recover.
Proving Negligence and Liability
To successfully claim compensation in a premises liability case, it’s essential to prove that the property owner’s negligence directly caused the injury. This means establishing that the owner knew, or should have known, about the unsafe condition but failed to address it within a reasonable time. Evidence like surveillance footage, maintenance records, and witness statements can be critical to proving negligence. However, gathering this information requires swift and effective action, which can be challenging for injured victims who are focused on recovery.
The Role of Insurance Companies
In premises liability cases, insurance companies often play a pivotal role, as they typically represent the property owner’s interests. Insurance adjusters are experienced in strategies aimed at reducing payouts, and they may offer settlements far below the true value of the claim. While accepting an initial settlement may seem tempting, particularly during a stressful time, it’s important to consult with an attorney who can help evaluate whether the offer truly covers the extent of your injuries and associated expenses. An experienced attorney can also counter lowball offers by building a strong case for full and fair compensation.
Dedicated Representation for Victims of Unsafe Property Conditions
McKinnon Law is dedicated to protecting the rights of those injured due to unsafe property conditions in Texas. With a commitment to excellence and a strong track record in personal injury cases, the team understands the complexities of premises liability and the tactics used by property owners and insurers to evade responsibility. Each case receives meticulous attention, and the legal strategies are tailored to each client’s unique needs and circumstances. For those injured due to hazardous conditions on a property in Houston, McKinnon Law offers the guidance needed throughout the claims process, working tirelessly to secure compensation to support your recovery.