Each year thousands of Americans are injured in slip and fall accidents, tripping accidents, or even construction site accidents that are considered premises liability cases. When you are out in a public place, such as a grocery store, or you have been invited to a specific location there is a reasonable expectation of safety.
If you are injured due to negligence, lack of maintenance, or lack of repair to a facility or property you may be due financial compensation. No property should present an unreasonable risk of harm, whether it’s a commercial structure such as a business or a private residence.
The Law Office of Joseph Onwuteaka, P.C. has been diligently representing those who have been injured and winning premises liability cases for more than three decades. When you turn to a top Houston personal injury lawyer, you can move forward with confidence knowing that we have the experience required to successfully navigate the litigation process, helping you secure the financial compensation that you deserve.
Can I sue the property owner for my accident?
Many times the answer is yes, but it does depend on the facts of the case, the location of the accident, and the circumstances under which the accident occurred. A home or business owner has a responsibility to warn you of any risks or hazards that you may encounter on the property. They also have an obligation to keep those places, which other people or the general public may visit, safe and free of debris. They have a duty to provide other people on their premises with a safe environment. If they fail to do this, and it results in an injury, they can be held legally and financially responsible.
What type of conditions lead to premises liability?
Premises liability can be introduced into many different situations. Each case is different and handled on an individual basis, but here are some of the most common forms of premises liability:
- Slick or slippery surfaces;
- Uneven flooring;
- Torn or wrinkled carpeting;
- Inadequate lighting;
- Falling objects;
- Inclement weather; and
- Lack of signage warning of exposure to risk.
If you have experienced any of these conditions and suffered and injury as a result, you may have a premises liability claim that can recover financial compensation.
How do you prove a premises liability case?
In order to win a premises liability case, you must basically prove that the owner, proprietor or landlord was negligent. It must be established that the owner, proprietor or landlord knew or should have known of the dangerous condition on the property. It must also be shown that they failed to warn of and/or rectify the condition and this failure was the cause of the accident which resulted in personal injury.
What types of damages can be recovered from a premises liability claim?
The type of damages awarded will vary with each case. Every case has its own set of circumstances and evidence. The most common types of damages awarded in a premises liability suit include:
- Past and future medical costs;
- Lost wages;
- Loss of earning capacity;
- Mental anguish;
- Disfigurement and/or physical impairment; and
- Pain and suffering.
I was involved in an accident, what do I do?
If you were involved in an accident on a property, the first thing you should do is seek medical attention for your injuries. Then, once you receive treatment, you can contact a Houston premises liability attorney to discuss your case.
If you are injured because a property owner or business was negligent and failed to provide a safe environment, you may be able to recover damages for the injuries you sustained.
- First of all, you do not want to make any statements regarding your injuries or the cause of them. It is important that you preserve your rights in these situations and the best thing to do is to remain silent.
- Take detailed photos of your injuries and the scene of the accident. A picture is worth a thousand words and good detailed photos can make a big difference in a premises liability claim. When you describe things, people make up their own pictures in their head based on their interpretation of what you say. If you show them a photograph, there will be no question what they are seeing..
- Try to get the name and contact information of the owner or property manager. If you are able to do this, it saves time on the investigation and there is an immediate direction in your case. Then the attorney can work on pursuing important details and talk to witnesses before specifics become vague.
- Save your attire and your footwear. The owner or company that is being held liable in the case will most likely try to argue that the accident was somehow your fault. Saving and preserving specific items — such as the clothing and footwear that you were wearing during the accident — will help prove otherwise.
- Save receipts and documentation of all medical expenses related to the accident. Organize every doctor and hospital bill and keep them all in the same place for easy access. If the accident occurred in a place of business, they are required to make an accident report. It may just be an internal report, but it is required. Ask for a copy. If they give it to you it can also be very helpful.
- Keep a journal. Write down the date of the accident and every detail that you can remember. Details will become vague with the passing of time, so get them on paper before that happens. A journal can also be used to document pain and suffering. Write down how things have changed for you since the accident. Document the things that are different. It will help substantiate the mental anguish as well.
- Don’t sign anything. Again, preserve your rights. Insurance companies may try to get you to settle for a lesser amount than you are entitled to. Nothing needs to be signed so quickly that your attorney can not review it first.
Contact an aggressive, experienced premises liability attorney today
If you have been injured in an accident caused by the negligence or willful disregard of a business or property owner, contact the Law Office of Joseph Onwuteaka, P.C. today. Call (713) 271-5760 or contact us online to schedule a free case evaluation with an experienced premises liability attorney who will handle your case aggressively and strategically. We will give you and your family the personalized attention during a very difficult time.
In addition to serving as a Houston premises liability lawyer, Attorney Joseph Onwuteaka also deals in medical malpractice cases, accident lawsuits, nursing home neglect, slip and falls, construction accidents, workplace injuries, wrongful death cases and a range of other personal injury claims.
The Law Office of Joseph Onwuteaka, P.C. will fight for your rights to get your case resolved quickly and get you the financial compensation that you are entitled to. Our law firm represents clients in Houston, Texas, and the surrounding areas.