Personal Accident attorney Explains How to Proceed if You Suffered Injury on Another’s Privately Owned Premises

Were you or someone close to you injured on someone’s property? Whether the land belongs to an individual or a business, you might be eligible to bring legal action for your losses against the proprietor through a type of litigation called “premises liability.”

We all have a duty to others to ensure their well-being by not endangering their welfare through our own actions or negligence. Those who own property have such a legal obligation to various types of people who visit their property for various levels of safety. Those who suffer harm as a result of the proprietor’s carelessness are entitled to submit claims for personal injuries subject to premises liability. As examples, injury caused by an amusement park accident, attack by a domestic animal, an elevator or stairwell in addition to retail store or security negligence could all serve as a legitimate foundation for premises liability suits. However, not every injury endured on another’s property is a basis for legal action. To provide footing for a valid claim, harm has to have been caused by negligence on the part of the owner in failing to satisfy their obligation to afford the well-being of visitors to their property. If, for example someone becomes a victim of violent assault outside of a gas station because the property is poorly lit, then the facility would be responsible through premises liability. 

Visitor Categories
The kind of visitor that a proprietor might see on their property dictates the owner’s obligation of care toward an individual. A visitor falls into one of three categories:

Invitee – a person with knowledgeable forethought comes onto the property of their own free will for their own advantage as well as that of the proprietor. Customers of a shop are a common variety of invitees. They gain by satisfying a need or desire met by the store’s available products or services. The proprietor profits through the patronage of invitees and accepting payment for his or her wares. 
Licensee – A visitor who is familiar with the nature of the property and deliberately goes there with their own agenda. A person dropping by a friend’s residence to see them is legally considered to be a licensee. 
Trespasser – Somebody who visits a property with full awareness and of their own volition that has not been permitted by the proprietor or by lawful authority to enter, such as a vandal. 

Obligations Owed to Each Type of Visitor Under the Law
Following are the explicit obligations owed to each category of visitor by the proprietor. Invitees are legally entitled to a responsibility by the owner to be aware of potential hazards and to notify their guests. A grocer, for instance, would have to warn their customers of a floor that was slick from mopping or dropped fruit. 

The obligation to caution invited visitors of any present risks. If you should visit a friend at their residence where there are poorly maintained stairs with loose boards, your friend is legally compelled to bring this to your attention. 
The obligation to refrain from purposefully causing injury to a visitor. A proprietor, for example, might booby trap their property as a security measure against burglars. Such a device could injure an invited visitor instead. 
Owners are obligated to caution licensees about any hazards present on the property as well as to not try to hurt these visitors on purpose. A trespasser, on the other hand, are under the sole legal protection from reckless perils put in place by the owner’s knowledge. Should either classification of visitor lose their footing and suffer injury by falling on freshly refinished tile, they have no legal remedy for these damages. 

When the Proprietor Assumes Liability for Injuries. 
For someone who has suffered injury to win a case against the proprietor, a victim has to establish these key points:

1. The state of the owner’s property imparted a hazard beyond reason to visitors.

2. The owner was aware or should have had knowledge that the state of his property presented a threat beyond reason to someone on the premises.

3. The owner should have expected that a visitor would not notice or recognize the hazard or might be unable to guard against it.

4. The owner’s behavior was negligent.

5. The visitor was hurt.

6. The state of the proprietor’s property contributed to harm to the visitor. 

One of the hardest factors to establish is that the owner was aware or should have had knowledge of the hazardous situation. There is no need to prove this if it is evident that the hazard was present by the design of the proprietor, employees or their actions. In this situation, the owner is responsible to practice a reasonable level of concern for the welfare of those legally visiting the premises. Since awareness of a hazard is so hard to establish, a claim of danger purposefully designed by the owner would have a greater chance of success.

When is a Landlord Liable for a Tenant’s Injuries?
Texas state law differentiates between an injury suffered in an area “reserved for common use” and one which takes place in a space leased to the tenant. Those spaces designated for common use refer to corridors, stairwells and parking lots. Leased spaces such as apartments are not so designated. 

A landlord has to ensure that areas reserved for common use are safe within reason. Landlords are legally required to know a certain amount about hazardous conditions that cause injuries. For instance, a plaintiff would have to establish that a rail that fell on a shared porch was not maintained to a reasonable standard to safety. They would also have to prove that the landlord was aware or should have been aware that the rail did not meet this standard.

How about if someone is injured in a privately leased area instead of a designated shared space? If someone suffers injury caused by an unsafe or poorly maintained environment inside a leased space, the landlord could be liable. The landlord is required to inform tenants about any defects on the property they are aware of, especially those which the tenant may not discover in the process of casually inspecting the area. The tenant must be made aware of these potential hazards by the time they move in.

Frequent Types of Claims
These are many of the different kinds of claims that are often filed as premises liabilities:

Slip and fall injuries: dangerous circumstances caused by spilled liquid or other debris on the floor, ripped carpeting, uneven sidewalk or tile, highly polished slick floor surface as well as other causes of slick conditions while failing to display proper signage or provide notification to visitors of stores, clubs, salons, restaurants, etc. 
Injury due to fallen elevator car: malfunction or fault in manufacture or upkeep causing an elevator car to drop, defective door or failure of closing device or sensor. 
Injuries on stairs: caused by lack of sturdy handrail, insufficient illumination, obstacles or known hazards on steps or any other disregard or negligent behavior which might result in a visitor having an accident and causing injury. 
Animal attacks: harm by an animal attacking a visitor on the premises, such as a dog on the owner’s property without proper restraint causing injury. 
Swimming pool drowning: the proprietor is required to take action to ensure the reasonable safety of their property. It is the owner’s duty to make ample provision to safe guard the lives of those visiting and resuscitate if necessary. If these are not provided, notifications have to be posted. As well as other aspects requiring consideration is if certain safety equipment or a lifeguard is present, the dimensions of the facility, tenants’ ages, descriptive features of the pool and typical usage of the complex. The owner of a private pool must exercise reasonable care for the presence of minors and maintain protection for uninvited children to prevent them from having access. 
Injury resulting from criminal acts: if criminal activity on the premises causes someone else injuries or death. Assault in parking lots or ramps due to negligence or lack of security, inadequate illumination as well as other types of negligent behavior. The reasonable degree of care which must be provided by the owner corresponds to the details surrounding the assault, predictability of such an occurrence and the history of crime in the neighborhood. Should such assaults or other varieties of criminal activity result in homicide, a wrongful death case may be filed if the property owner can be proved negligent. 
Municipal liability – injury accident on state or local government property resulting from negligent behavior. 
Injuries suffered in amusement park mishaps – Visitors hurt due to poorly maintained or malfunctioning rides and equipment, also defects or other negligence at an entertainment venue. 
Impact from merchandise falling from a store shelf 
Dram shop liability – a bar or restaurant that serves drinks to a patron past the point of intoxication, whereupon the customer drives and inflicts injury on someone else 
Whether it’s a missing handrail, uneven or slick floor, a door that is improperly secured, inadequate illumination, negligence, poor maintenance and criminal activity may cause you to be seriously injured or a family member to suffer a lethal accident. If any of these should befall you or someone close to you, then you could be entitled to pursue monetary damages by way of legislation for premises liability. To secure compensation in this type of case, a plaintiff has to establish the existence of a dangerous condition, awareness on the part of the proprietor regarding the hazard and that this situation caused injury. In addition, it is the victim’s burden to justify the amount of claimed restitution. Satisfying these conditions can be difficult and you are most probably going to need to secure the help of a skilled lawyer to successfully recover damages in a premises liability suit. 

The associates at our Law Offices have been winning premises liability claims for more than two decades. During this time, we have established a reputation for toughness while helping to win millions at trial and in settlements all over Texas. Contact us right away to consult an attorney if you or a loved one has suffered injury on property belonging to somebody else. We look forward to helping you find answers for your questions concerning the details of your claim. From there, we can lend you a hand in verifying if your situation is grounds for successful litigation. We will work to help you find justice as well as the compensation you deserve just as we have worked for the benefit of thousands who have suffered personal injuries.

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Burn Injury attorney Can Help With Your Situation

Fire is one of the natural elements of the universe that was created by God and it’s probably the most destructive force on earth. An average summer day in Texas can reach as high as 100 degrees Fahrenheit.

Now imagine touching something ten (10X) times as hot. Scientists say the temperature of an average fire can reach 1,000 degrees Fahrenheit. There are only a few things on earth that can withstand the heat of fire, and human skin is not one of them. In fact burn victims have been known to suffer nerve damage, disfigurement and even death as a result of exposure to fire. If you or someone you know has been injured or died in a fire due to someone else’s negligence, call our burn attorney today for a free consultation. 

There are more than two (2) million burn injuries are reported every year in the United States. About twenty (20,000) thousand people are admitted to the hospital because their burns cover at least twenty-five (25%) percent of their body. And some of their injuries are so severe that about ten (10,000) of those victims will die from their wounds. 

According to the Bureau of Labor Statistics:

Burn injuries are the top cause of accidental death in America after car accidents. 
Children who are fourteen and under die in accidental home fires more than any other age group. And it’s the third leading cause of death for adults. 
Adults over 55 are injured in house fires more often because they fall asleep by smoking. 
The kitchen is the deadliest place in the house for people ages 75 and above because it’s where they are injured most. And people ages 75 and older are more likely to die in a house fires because they might be informed but unable to escape. 
Children from birth to 4 years old suffer from hot water scalds more than any other age groups. 
Newborn to 2-year olds have more emergency room visits due to burn injuries they received in the kitchen and bathroom than any other age groups. 
Because of the debilitating nature of burns, they are the most expensive injuries to treat. The more of a person’s body that is exposed to burns, the more it will cost to treat them. For instance, a burn that covers just ten (10%) of a person’s body can cost more than $100,000 in hospitalization and physicians fees. If the wounds are more extensive, more costs could apply for reconstructive surgery and possibly rehabilitation. In addition to the cost to treat the burns the injured person has to miss days from work. So the accumulation of their injuries, medical bills and lost wages often can lead to psychological stress and depression. If you or someone you know is suffering from burn injuries due to someone else’s negligence and you need legal assistance, call our burn attorney today for a free consultation. 

How Burn Injuries Happen
You might have heard about Dallas Wiens’ story. He is the Texas man who received a full face transplant – the first in the United States – after he was disfigured in a work related accident. Wiens had his face practically melted away and he lost his eyesight after he accidentally touched a power line while he was painting. He recently received a new nose, lips and the underlying nerves in his face so that he could feel his daughter’s touch on his face again, thanks to advancements in burn injury treatment.

More than one million people in America suffer from burn injuries every year. Whether or not medical treatment is needed depends on the severity of the burn. Most people suffer from simple household burns while they’re cooking, while others might work in an occupation where they are exposed to high temperatures such as in welding, in machinery or in a restaurant of course. Wounds from a curling iron burn or even sun burn can range from a minor first-degree blister that can be healed by applying aloe vera to fourth-degree life-threatening wounds that require extended treatment.

The severity of the burn depends on how hot the skin gets and the length of time the skin was exposed to the burn. If the skin was exposed the heat for an extended amount of time there could be nerve damage that prevents the victim’s arms and legs from functioning normally. It also depends on where the burn occurred on the body, because the thickness, water and oil content are different on some parts of the body such as the hands and feet. The skin is thinner around the face, neck and belly area. All these variations make each burn unique. If a person is exposed to extreme heat or a chemical agent, their wounds might be different than if he or she is burned in a vehicle accident or an explosion. Boiling water, gasoline spills and electrocutions also can cause different effects on human skin. That’s why there are hospitals that have special burn units that treat only burn injuries. If you or someone you know are suffering due to burn injuries because of someone else’s negligence, call our burn attorney today for a free consultation. 

How Burn Injuries Are Treated
There are more than 130 burn units across the United States. Most of them are housed at hospitals across the country. Some of them only work with children. Long-term treatment for serious burn injuries involves skin grafts. Skin grafts are the process of taking skin from one part of the body and attaching it to the damaged area of the body. Short-term treatments for burns include bandages, antibiotics and other methods. The effect of these treatments depends on whether or not there were previous health issues that need to be considered. 

Insurance policies and Burn Injuries
More than a million people suffer from burn injuries every year which require emergency treatment due to the negligence of someone else. Burn injuries could lead to nerve damage and limited use of the arms and legs, which is why the cost of treatment is so expensive. A majority of insurance policies are not worth enough money to pay for the average serious burn injuries. It’s because there is specialized treatment that is needed to repair burn damage. So you might think there would be a special category of compensation for someone who is victimized in this way, but there is not. Some victims suffer disfigurement, mental anguish and depression because of their injuries. Our self esteem is based on mostly how we look – or more specifically, how others look at us. So if a person is disfigured by their injuries it could be a life-altering experience.

Burn Survivors of Personal Injury Accidents in the US
If you’ve ever experienced a burn, even for a second, you know how painful it can be. So for someone who is injured in a car accident or exposed to fire for an extended period of time it can be excruciating. Some people might think they are being burned alive. And that probably is the highest form of mental anguish. It’s hard to bounce back from something like that. In fact, getting back to work can be tough. For some people returning to work is medically impossible. 

Personal Injury Lawsuits and Long-Term Burn Care
When someone is burned badly, even if they have insurance most policies don’t have enough value in them to cover the expense it normally takes to treat someone. So the victim is left to figure out how he or she is going to foot the medical bills and if they have been disfigured there will be emotional scars that also should be addressed. Serious burn injuries don’t just heal by themselves. They need to be treated by professional specialists trained in this area. If your burn injuries are due to the negligence of someone else, you owe it to yourself to hire a personal injury attorney who can help you outline your options. Who is to blame for your injuries and how could it have been avoided?  Our burn injury attorney can help you to figure it out. His team of experienced litigators will do a full investigation of your case so that you know what your next move should be. 

There are three must haves to a personal injury case: 

The victim must show he or she suffered some type of physical, mental, or emotional injury. And in the case of a burn victim that should be easy to do. 
The victim must show that the defendant had a duty to do no harm. If the burns came as a result of a car accident, this can mean that the guilty party failed at their duty and caused the victim’s wounds. 
The victim must show economic loss, known as damages, because of the injuries. Damages include financial losses including medical expenses, property damage and lost wages. 

What to Watch Out For: Stories vs. Evidence
Even though a judge and or jury will be emotionally moved by the sight of a victim’s injuries and the story behind the injuries, it’s important to make sure your personal injury lawsuit has all the elements (named above) needed to win the case. When some people attempt to go it alone and pursue legal action by themselves, they may be left without the resources to conduct the best investigation. So it may then prove impossible for anyone to know what truly happened. However, with the help of our burn injury lawyer and the investigative team at our Law Offices, our clients can be assured of having a thorough investigation conducted into their accident scene so that the truth of the accident’s cause can be assessed, regardless of what the liable driver may be saying.

Contact our Law Offices for a free consultation to discuss the merits of your personal injury burn injury case. We will answer any lingering questions you may have. And we will evaluate your possible legal options in light of the specifics of your case. By starting the process to seek compensation for your injury or loss today, you can start on the road to recovery that much sooner.

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Our Texas Lawyers Discuss Mediation & Arbitration in a Texas Personal Injury Case

Alternative dispute resolutions are methods used by lawyers to attempt resolution of a case before it goes to a trial hearing. Many personal injury cases in Texas seldom go to court.

Attorneys choose mediation or arbitration, two forms of alternative dispute resolution, to achieve favorable results for their clients without the need for the time-consuming and oftentimes costlier prospect of a full trial. The Texas Alternative Dispute Resolution Procedures Act governs the methods used in alternative dispute resolution cases. While there are different methods to achieve resolution, in all cases both sides meet with a non-biased third party who works to bring both sides to a mutually beneficial agreement in order to prevent a case brought to trial. The Texas personal injury law firm at our Law Offices explains why alternative dispute resolution might be beneficial in your personal injury case.

Should I Choose Alternative Dispute Resolution?
The short answer is “maybe.” Depending on the nuances of your personal injury case, alternative dispute resolution might be beneficial for you. Our experienced attorneys can help you ascertain whether that might be the case for your case. Alternative dispute resolution is typically less stressful, less time-consuming, and carries fewer legal fees than taking a case to trial. Additionally, trial cases always possess a certain degree of the unknown due to the fact that an impartial jury is deciding your fate. When an experienced lawyer takes a personal injury case, they will typically begin building a lawsuit immediately, even if their client isn’t intending to file a lawsuit. However, this information can be put to good use when negotiating via alternative dispute resolution.

The Experienced Personal Injury Attorneys at our Law Offices Can Help You Decide Whats Best
Alternative dispute resolutions can be beneficial to your case, but that might not be your best option. For instance, it’s possible that your best interests might better be served by a trial case. In other instances, alternative dispute resolutions might result in a deadlock, where neither party can agree to a mutually beneficial outcome, thus resulting in a trial case. Whatever the case may be, with twenty years of experience in personal injury law, the lawyers at our Law Offices can help you understand your options and how choosing the correct route might help you receive just compensation in your personal injury case. Contact us for more information on whether or not alternative dispute resolution is right for your case.

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