Premises Liability and Public Spaces

When someone else owns the property or they are responsible for it, they take on a duty of care that they owe you. If they violate this duty, they may owe you a substantial sum of money to pay for your injuries. It seems straightforward, but what happens if you were injured in a public place?

How Can I Make a Claim If I Am Injured in a Public Place in Texas?

There are two potential ways that you can qualify for financial compensation if you have been injured in a public place in Texas. Since the responsible party is likely covered by insurance, you can file a claim against their policy and negotiate compensation with the insurance company. Alternatively, you can file a lawsuit against the responsible party in court, which their insurance company would need to defend. Your premises liability attorney will assess the situation and your legal options and help you determine the most effective course of action.

Before you can make a claim for compensation, you need to have the proof necessary to show that someone else was negligent. In a premises liability case, negligence means that someone else did something that would be considered unreasonable under the circumstances. Your premises liability attorney would gather the evidence that you need to include with your claim or lawsuit to show that you are entitled to money.

Further, you would also need proof of the damages that you have suffered. The insurance company will be extremely particular about your damages, often minimizing the extent of the harm that you have suffered because they want to pay you less money. Your attorney may work with expert witnesses, so you are in a position to prove your damages when they are questioned.

One way not to make a claim is by filing it directly with the insurance company without the help of a lawyer. Insurance companies are like any other professional who can easily spot a mark, and they will take full advantage of you if given the opportunity.

What Should I Do After I’m Injured in a Public Place in Texas?

Your health is your first priority when you have been injured in a public place. Seeing a doctor to have your injuries treated and diagnosed is critical because it increases the chance that you can make the fullest possible recovery and strengthens your legal case.

Before you can file a claim, you need records that show you were hurt. Your attorney’s calculation of your damages flows from the exact injury that you suffered. Further, the insurance company is also looking to see when you saw medical help and that you did everything in your power to improve your situation. If you did not, they may make an argument that you failed to mitigate your damages, and they may cut the amount of money they offer you.

One of the most crucial things that you can do after a premises liability injury is to contact an experienced attorney to represent you in the legal process. Your lawyer is both your guide to the legal process and your foremost defender when the insurance company tries to compromise your rights. They will work to put you in a position to make a claim, and they will keep the insurance company from trying to pressure you directly. When you have a premises liability attorney, the insurance company has to go through them to get to you. 

Who Can Be Held Liable If I’m Injured in a Public Place In Texas?

Usually, the property owner is the one who owes you the duty of care in a premise liability case. When they hold their property out to the general public or give you a specific invitation to visit, they assume a legal duty to you to an extent. The duty is the broadest when you are an invitee who is visiting the property for business purposes.

In some cases, the owner is not the responsible party. For example, the owner of a commercial property may lease the premises out to another. Store owners often do not own the property, but they lease it from another. Here, the person who has control of the day-to-day happenings on the property would be liable to you if you were hurt.

Third parties may be potentially liable to you in a premises liability lawsuit. For example, you could have been directly injured by another’s actions, such as in an assault. Here, you may be able to hold the property owner directly liable for negligent security and the person who committed the assault.

Your premises liability attorney will conduct a complete investigation of the accident to help determine responsible parties. It is in your best interest to try to hold everyone responsible who played a role in your injuries. This gives you the best chance of maximizing compensation because there are more assets and insurance coverage to pay for your damages.

Pitfalls of Premises Liability Claims in Public Spaces

There are mistakes that you can make in the legal process that can compromise the viability of your claim. When you are dealing with an insurance company, you can never assume that they are your friends because their interests are directly opposite to yours.

One of the biggest pitfalls that you may face is when you try to speak directly to the insurance company and deal with them on your own. Insurance companies are looking for a way to trick and track you. They may be trying to blame your injuries on you as much as they can. Insurance companies know that, under Texas law, you may not be eligible for financial compensation under the principles of comparative negligence when you are more than 50% to blame for what happened. Insurance companies may be looking to elicit some type of admission from you that they can use against you when you try to file a claim.

Another pitfall occurs when the insurance company makes you a settlement offer that is for far less than you deserve. They may be trying to pressure you into a quick settlement of your case before you know how much your claim is really worth. Once you sign a settlement agreement, you also execute a release agreement that keeps you from coming back to the insurance company for more money in the future.

The best way to avoid any of these challenges is to hire an experienced premises liability attorney for your case. Your lawyer knows how insurance companies operate, and they understand how to deal with them. You can hand all of the details of your case off to your attorney and focus on your health and recovery. Then, you can also get peace of mind that comes from knowing that you have a fighter in your corner who will not let the insurance company take advantage of you.

How Long Will My Premises Liability Case Take?

The one thing that you should know when coming into your premises liability case is that it may take a considerable amount of time for you to get a full and fair settlement check. Insurance companies like to drag out the process to the fullest extent possible because they know that you are in a difficult financial circumstance. They may take their time responding to your claim, or they may make you lowball settlement offers to make you more desperate.

It is hard for a premise liability lawyer to give you an exact estimate of how long your case will take when you hire them. You never know if you can settle directly with the insurance company or if you will need to go through the court system. Thus, your premises liability case could be concluded in a matter of months, or it could take years. The one constant is that you need to exercise the maximum amount of patience to let your lawyer do their job and put legal pressure on the insurance company.

How Much Is My Premises Liability Case Worth?

The value of your case is another thing that your lawyer may not be able to tell you during your initial consultation. They may be able to explain the concepts that underlie your premises liability compensation, but they will not be able to give you a more precise estimate of your damages until they are able to review the specifics of your situation.

If you are able to prove liability in your claim, you may be entitled to the following elements of damages:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Emotional distress

Although it is uncommon in personal injury cases, you may even be entitled to punitive damages if the jury wants to send a message to the defendant. These damages may be awarded in circumstances where the defendant has been grossly negligent or reckless.

Punitive damages can greatly increase the amount of your award, although they can only be awarded if you take your case to trial and win. In some cases, the prospect of punitive damages can give you leverage when you are dealing with the insurance company, which is afraid of what the jury may do to them.

Contact a Texas Premises Liability Attorney Today

Call the tough premises liability attorneys at Nix Patterson when you’re injured on someone else’s property. Our firm can help you in the following premises liability cases:

• Slip and falls
• Supermarket accidents
• Fires
• Negligent security
• Stairway accidents
• Swimming pool accidents

Our premises liability attorneys take both no prisoners or excuses when there is an insurance company standing in your way.  We know how to use the legal process to get results for our clients when they are getting the runaround. You can schedule a free initial consultation with one of our attorneys by reaching out online or calling us today at 512-328-5333. Remember, we won’t charge you anything unless we win.