El Paso Premises Liability Lawyers

Accidents can happen virtually anywhere. You might slip on a slick floor in an HEB in El Paso. Or, you could trip on loose carpeting at a business meeting downtown at the El Paso Chamber of Commerce.

El Paso property owners have a legal duty to maintain their properties, but negligence frequently causes serious accidents. Whether you’re injured because of negligent maintenance, lack of signage, or the owner’s ignorance of their obligations, an unsafe property can cause you severe harm.

If you suffered injuries on another person’s property, you need experienced El Paso premises liability lawyers fighting for you. Speak to our El Paso premises liability lawyers today to determine how we may protect your rights and obtain fair compensation for your injuries.

What Is Premises Liability?

Premises liability refers to property owners’ responsibility to keep their properties safe to reduce injury risks to guests and visitors. If a property owner ignores their duty of care to provide a safe environment and you’re injured, they could be liable for your losses.

A premises liability claim usually includes these elements:

• The owner was aware or should have been aware of the dangerous condition on the property.
• The danger posed an undue risk of harm.
• The owner didn’t exercise reasonable care to contain or eliminate the danger.
• The owner’s failure to exercise their duty of care caused your injuries.

Texas premises liability laws are complicated, and the property owner isn’t always liable for injuries in every accident. To learn if you have a strong case, speak to a Nix Patterson premises liability lawyer in El Paso for more information.

How Premises Are Defined

A premise is any part of a business’s or person’s property. It includes internal spaces and land, so you can often file a claim if you’re hurt on a property owner’s sidewalk, yard, or parking lot. You could be hurt on private property, such as in their personal residence or in their boat. But you also may be injured on private property in El Paso that is accessible to the public:

• Grocery stores
• Shopping malls
• Amusement parks
• Movie theaters
• Public swimming pools
• Museums
• Stadiums

Suppose you’re eating out in El Paso at Park Tavern and slip when walking to the restroom because of a spilled drink, breaking your wrist. In this situation, the restaurant owner owes you a duty of care and should try to keep you safe when you are there. The spill should have been cleaned up immediately, or a warning sign should have been placed nearby. If the restaurant failed to do so, it could be found negligent.

Legal Duty and Liability Categories

The property owner is usually liable if you’re hurt on their premises. However, a critical consideration in a claim is why you were on the property. Three categories affect the owner’s legal duty and liability:

• Licensee. You were on the premises with the owner’s permission for a non-commercial reason, such as going to your neighbor’s house in El Paso for a party.
• Invitee. You were on the premises with the owner’s permission for business reasons. An example is going to the grocery store during business hours.
• Trespasser. You were on the property and didn’t have the owner’s consent.

Property owners in Texas have the most obligation to licensees and invitees. They should repair and correct any known dangers and inspect the property to find anything hazardous.

As a trespasser, you cannot usually file a premises liability claim. However, an attorney could help you file a claim if the hazard caused a severe injury or the owner didn’t warn potential trespassers of the danger. Premises liability cases for trespassers are especially tricky, so speak to an attorney for additional information.

What Are Common Types of Premises Liability Cases?

Our Nix Patterson premises liability lawyers have your back in El Paso if you’re hurt in these and other accidents on someone’s property:

Slip-and-Fall Accidents

Slip-and-fall accidents are the most common type of premises liability claim. A slip-and-fall can occur on someone else’s property in almost any scenario, such as a wet floor, icy sidewalk, or carpet placed on a polished floor without being tacked down. Slip-and-fall incidents can trigger serious injuries, such as a broken arm, traumatic brain injury, slipped back disc, or even paralysis.

Animal Attacks

If a dog bites you on someone’s property, the owner could be responsible for your damages. In 2019 alone, there were almost 500 dog attacks against US postal workers in Texas.

However, being bitten by someone’s dog doesn’t assure you of a settlement in a premises liability case. Texas has a one-bite rule. This means the dog owner may not be liable the first time the dog attacks someone. However, after the first incident, the dog owner knows or should know that their animal could be dangerous to others. Speak to an El Paso dog bite attorney about your case to find out if the case is actionable.

Swimming Pool Injuries

It’s common for people to be injured in or around private or public swimming pools. Pool owners must safely maintain their property and warn guests about any possible hazards. Texas law mandates that pool owners enclose their pool with a fence at least four feet high, and the fence material shouldn’t be climbable.

Many pool injury cases involve minors who trespass and are injured or killed. If the property owner leaves a pool unguarded and without a fence, they still could be liable for a trespasser’s injuries.

Amusement Park Accidents

The owner or manager of an amusement park may not properly install or maintain equipment, such as rides, which can lead to serious injuries. The owner or manager could be responsible for any injuries in this situation.

Poor Maintenance

Almost any premises can be dangerous if it isn’t properly maintained. Features of public or private properties that can cause accidents include fallen merchandise, loose handrails, broken steps, broken pavement, and shattered windows. Elevators and escalators must also be correctly maintained, and not doing so causes frequent injuries.

All property owners in Texas must exercise a duty of care and maintain the premises to safeguard visitors from injuries. Failure to regularly inspect, identify, and rectify hazardous property conditions could make them liable.

Improper Security

There are laws about the level of security that must be provided in specific venues. For instance, it’s reasonable to expect to be safe from assault and robbery when you visit a bar or hotel. If you suffer harm because property owners didn’t have enough security to secure the property from crime, you could have grounds for a claim.

Open and Obvious Hazards

An El Paso property owner could be liable for a danger that hurt you. But not always. The law states that the owner may not be responsible if it is an ‘open and obvious danger.’ What harmed you would have been apparent to another ‘reasonable person.’ For instance, if a shelf falls down in a grocery store and dozens of bottles of juice break on the floor, it can be argued that the hazard is open and obvious. If you fall in some of the juice spills, the insurance company could argue that the danger would have been obvious to a reasonable person.

What Damages Can I Recover in a Premises Liability Case?

Being injured on someone’s property can be a minor hassle or a life-changing disaster. At the very least, you may require medical treatment and take a few days off work to recover. A Nix Patterson premises liability attorney is ready to fight for you to recover compensation for medical bills, lost earnings, pain and suffering, mental anguish, and more.

It’s hard to say what your claim could be worth; every case is different. However, the more serious the injuries and the higher the medical bills, the more value your claim could have.

For example, if you fall in a parking lot and break your wrist, you could have a few thousand dollars of medical bills and a month of lost or reduced wages. Assuming the broken wrist heals properly and no significant medical follow-up is required, you might receive a settlement of several thousand dollars.

On the other hand, if you fall in the same parking lot and your head slams into the ground, you could have a severe head injury. Perhaps you black out, lose your memory and suffer a severe concussion. You could require surgery, hospitalization, and weeks or months of recovery. This is a more severe case, and the settlement value would be considerably higher.

An attorney can’t guarantee the case’s worth in a settlement or a jury verdict, but they are familiar with similar cases in El Paso that have recently paid out, which can help them understand what your claim could be worth.

What Should I Do If I am Injured on Someone Else’s Property?

If someone’s negligence or reckless action injures you on their property, take these vital steps to maximize your claim:

Gather Evidence

A successful premises liability claim depends on convincing evidence. You must show that the owner or manager was negligent and that they caused your injury. Your attorney will help gather evidence, but there are things you can do to help your case, too.

For instance, if you slipped and fell because of spaghetti sauce on a grocery store floor, the mess will probably be gone before you call a lawyer. Take video or photos of the spill and write eyewitness names and contact numbers.

Get Immediate Medical Care

You should get to the ER or your doctor to document any injuries and keep all invoices. Having your injuries stated in your medical record as soon as possible will help your attorney file a successful claim later. Delaying medical treatment invites the insurance company to downplay your injuries, which could lead to less compensation.

Speak to an Attorney Immediately

Texas premises liability claims aren’t easy to prove, and the insurance company will probably fight it. But you can always rely on a tenacious Nix Patterson premises liability attorney to fight for you. Our lawyers know the law and will fight for every penny for you and those dependent on you.

Taking the steps above will maximize your chances of a favorable economic recovery. Also, there are actions you shouldn’t take to help your claim.

First, don’t post about your premises liability claim on social media. Nothing you post about an ongoing case will benefit your cause, and it could cause problems. Insurance companies stake out plaintiffs’ social media accounts and look for evidence they aren’t seriously hurt.

Second, don’t try to work out a deal with the at-fault party’s insurance company on your own. It’s almost always better to simply call an experienced lawyer and let them talk to the insurance company. You may say something that harms your claim, and insurance companies typically don’t offer fair settlements to victims without a lawyer.

Protecting Your Rights as a Victim

You could be owed damages if the property owner’s negligence hurt you. However, proving your case could be difficult on your own. Many premises liability cases, such as slip-and-falls, involve evidence that may be quickly cleaned up or hidden. Protecting your rights as a victim is critical, so contact an El Paso premises liability attorney for immediate assistance.

Contact Our El Paso Premises Liability Lawyers for Assistance

Being injured is the last thing on your mind when you enter another person’s business or home. Yet, many Americans are seriously hurt in slip-and-fall accidents and other incidents every day.

If the worst happens and you’re hurt and out of work, you can rely on a Nix Patterson premises liability lawyer in El Paso for legal assistance. Our aggressive attorneys know the law and will fight to prove liability for your losses. We’ll help you receive what you deserve for your medical bills, pain and suffering, mental anguish, and lost earnings. Contact us today for a complimentary consultation. We don’t charge legal fees unless we win.