Premise Liability is a legal concept that typically comes into play in personal injury cases where the injury was caused by unsafe or defective conditions on someone’s property.
If you were to get injured on someone else’s property due to negligence, you could potentially be able to make a premises liability claim. For this to be a case, there has to be proof that there was negligence involved.
Our team of Austin personal injury attorneys The Stewart Law Firm has years of experience with personal injury claims, including premise liability cases. In this blog, we will showcase five ways for you to strengthen your premises liability case.
Premise Liability Cases in Texas
As stated above, premise liability occurs because of failure to maintain a property, and an injury was involved.
The majority of premises liability claims settle, as opposed to going to trial. However, the actual amount of the settlement depends on a variety of factors.
Fortunately, there are steps you can take to strengthen your case and improve your position in negotiations. The following are five helpful suggestions that should help you work toward obtaining the most favorable outcome possible.
1. Prove the "Causal Link"
As stated above, premise liability occurs because of failure to maintain a property, and an injury was involved.
The majority of premises liability claims settle, as opposed to going to trial. However, the actual amount of the settlement depends on a variety of factors.
Fortunately, there are steps you can take to strengthen your case and improve your position in negotiations. The following are five helpful suggestions that should help you work toward obtaining the most favorable outcome possible.
1. Prove the "Causal Link"
Your healthcare provider must establish the link between a premises’ defect and your injuries in most cases. However, physicians typically do not like to take time out of their busy schedules to provide a deposition to an attorney.
During a scheduled visit, the best way to approach your physician is to prove the link between the property owner’s negligence and your injuries. Disclose the claim to your doctor, and ask if they are willing to provide a letter which describes what injuries are attributable to the premises’ defect.
Ensure that you keep all records.
2. Prove "Notice" of Dangerous Condition
While proving a hazardous property condition existed is not often difficult, it is harder to confirm that the property owner was aware of the hazardous condition.
To succeed in your claim, you must either prove the property owner had actual notice of the dangerous situation or constructive notice of it, meaning it was present long enough for the owner to notice it. The common ways to prove a property owner had information of dangerous conditions include:
- sworn testimony from someone who knows how long the defect existed
- video surveillance
- incident reports
Along with this, providing evidence from the scene can help prove the dangerous condition, such as photographs. These can help prove that negligence occurred and there was a way for the injury to have been avoided.
3. Document Your Injury
Documentation is crucial to help strengthen and prove your case. Although your medical records can demonstrate the extent of your injuries, keeping a journal that records experiences you have related to your injuries can be highly beneficial to your claim.
4. Document Your Expenses
Keep a record of every expense you incur that relates to the injuries from your accident. Any undocumented costs may not be eligible for compensation. You should make sure to document things such as:
- Medical bills
- Lost wages
- Loss of future earnings
- Reasonably necessary replacement services
- Domestic help
- Home and vehicle modifications
- Emotional distress
- Loss of enjoyment in life
- Pain and suffering
Documentation of all the above can help ensure that you are getting the compensation you deserve.
5. Hire an experienced Austin Lawyer
Heading into a legal ordeal alone can decrease your chances of a successful claim. It is imperative to obtain legal representation from a Texas lawyer who is experienced in handling premises liability claims. They can thoroughly investigate your case, take care of all the paperwork, and work tirelessly for you while you make a successful recovery from injury.
Contact a Texas personal injury attorney to help with your premises liability claim
If you suffered a serious injury due to a defect on someone else’s property, The Stewart Law Firm is here to help. Contact us to discuss your case.
