No one plans on going out and getting hurt at a local business or a neighbors house. However, whether or not we get hurt is usually out of our control. If you do happen to get harmed on someone else’s property, you may have a claim. But, just because you have a claim, does not mean it’ll be successful. This will depend on a list of factors including how much evidence is available.
The first thing you want to confirm in your case is that the other party had control of the property. This could be a business who is occupying a building they leased or the property owner. For example, if you sue the owner of a rental property, while they have a tenant renting the property, they might not be the one liable. This would all depend on the circumstances of the case, so its best to consult with your attorney before filing a claim.
Breached Duty of Care
As a customer or invitee, you are owed the highest duty of care. This means that property owners or operators have a responsibility to make sure there are no dangerous hazards on their property. If a property owner fails to remedy or warn a person of a dangerous condition, they could be liable for any damages that a person suffers because of that hazard. Whatever the cause is, it’s important you document as much as possible when the incident happens. This can be gathering eye witness statements or getting recordings. Be sure to contact a lawyer as soon as possible so no evidence is destroyed or altered. For example, a hazard that caused your injury could be fixed quickly after your accident. If this hazard wasn’t properly documented before being fixed, it could harm your case.
Next thing you have to do is prove negligence. Negligence is used to refer to the action a party did to breach their duty of care. You need to be able to prove that this negligence was the cause of your injury. This is extremely important in building your case. If you cannot prove that the other party’s negligence was the cause of your injury, this could ruin your whole case. In order to prove this, you should document everything you can. Things like incident reports, photos, statements from your doctor, and so on. This will help your lawyer show causation between the other parties actions (or lack thereof) and your injury.
The last thing to prove the value of your injuries. For example, if you had to miss work due to the injury, you could be entitled to lost wages in the form of economic damages. If the other party was extremely negligent, you could seek punitive damages. Otherwise, you could get compensated for your medical bills and pain and suffering.
Need a Lawyer?
If you were harmed on someone’s else property due to the owner’s negligence, you need a lawyer. Someone has to protect your interests throughout your premises liability case. If your searching for a premises liability lawyer in San Antonio, Villarreal and Begum has the needed experience to fight for you. Call us today or contact us online for a free consultation The Texas Law Guns may be able to help.