Whether you’re visiting a friend or shopping at a mall, the last thing you expect is to end up with severe injuries. However, this does, unfortunately, happen when the owner of a property is negligent. You do not have to accept the injuries as an unfortunate circumstance, as you may be able to pursue compensation with the help of a Houston premises liability lawyer. Keep reading to learn what you must know if you want to file a premises liability claim.
What Warrants a Premises Liability Claim?
When injured on another person’s property because of their negligence, and you suffer an injury as a result, you can file a premise liability claim. Property owners owe a duty of care to visitors. As such, they must maintain a safe and hazard-free environment. This includes ensuring all stairs are up to code, securing fixtures, and performing the necessary upkeep.
If a property owner is negligent, such as leaving a handrail broken, which causes someone to fall down the stairs and break their arm, they can be liable for damages.
However, it is essential to note that property owners do not owe a duty of care to those trespassing on their property. If a trespasser is injured, they will not receive any compensation.
What Is the Statute of Limitations?
In Texas, the statute of limitations to file a premises liability claim against a negligent property owner is two years. This means you have two years from the date of the accident to file a claim against the owner of the property.
However, if injured on municipal property, such as a city-owned parking lot or your town’s post office, you must file a Notice of Claim. You only have 180 days from the date of the accident, so you must file this as soon as possible to ensure you can fight for compensation.
What Should I Do if I’m Injured?
If you are injured, it’s imperative that you take the correct steps to ensure you have the best chance possible at holding the negligent party responsible. This includes seeking medical attention for your injuries, taking photos and videos of the scene, and informing the correct party about the hazard.
Unfortunately, if you do not seek medical treatment, the defendant may say you did not mitigate damages which can hurt your chances of receiving compensation. Even if your injuries do not seem severe, you should still see a doctor to establish that you have received medical care.
Finally, you’ll want to contact the Gonzalez Law Group as soon as possible. Our dedicated legal team will examine the circumstances of your case to fight for the justice you deserve when you’ve suffered due to a negligent property owner. Contact us today to discuss the details of your case with a member of our staff.