If you slip and fall on someone else’s property, you may be entitled to file a lawsuit to seek compensation for your injuries and damages. However, although premises liability accidents are common, these lawsuits can sometimes be challenging to win. This is why you will need to work closely with a Houston premises liability lawyer to build a successful case.
Ask a Premises Liability Lawyer: How Much Is a Premises Liability Claim Worth?
In general, the amount of compensation you can expect from a premises liability claim will be between $10,000 and $100,000. Your settlement will be influenced by factors such as the severity of your injury, the amount of negligence related to your case, and other evidence that will be used to prove your claim.
The severity of your injury is probably the most important factor. If you fall on someone else’s property and you sprain your wrist, your settlement will probably be low. But if you fall and sustain a serious injury, such as a broken limb, spinal cord injury, traumatic brain injury, or even loss of life, the settlement amount for your claim will be substantial
How Can a Houston Premises Liability Lawyer Help?
There are several reasons why it’s smart to hire a lawyer with expert knowledge in premises liability law. For one thing, experienced lawyers will have a proven track record for successful claims, which is crucial if you are filing a lawsuit against a larger business. An experienced lawyer can build a case that will prove your claim, even if you have to go to court.
Another important thing an experienced lawyer can do is assess your case to decide whether you are eligible for a lawsuit. A lawyer will also be able to determine if comparative negligence is involved in your slip and fall case. Learn more about how a Houston premises liability lawyer can help you file a successful lawsuit.
Identify Negligence In Your Case
To file a successful premises liability lawsuit, you will first need to identify negligence in your case. In particular, you will need to prove that the landowner or property owner was negligent in the care of the property, which led to the circumstances that caused your accident. For example, negligence in a premises liability lawsuit can include a lack of maintenance and knowledge of hazardous materials or objects without any efforts to make the property safe.
Establish a Duty of Care
In addition to negligence, another crucial point of a premises liability case is the duty of care. Essentially, all landowners, property owners, and renters of property owe guests on the property a certain duty of care to ensure that the property is safe. This means that landowners and renters must maintain the property to reduce hazardous risks.
When it’s time to establish the duty of care for your specific case, you will also need to prove that you were a guest on the property. For example, if you slip and fall in a store, you will need to establish that you were a shopper. If you experience a slip and fall on public or private land, you will need to establish that you were a visitor on the property, such as a government worker or some other type of guest.
Does the Duty of Care Ever Change?
The duty of care owed to you as a guest on someone else’s property does change depending on the type of guest you are. For example, trespassers do not enjoy the same duty of care as people who are invited onto the property for commercial or private purposes. This means that if you are a trespasser, and you are injured on someone else’s property, you may not be entitled to file a lawsuit.
Help You Gather Evidence
A lawyer can also help you gather crucial evidence that will prove your premises liability lawsuit. The type of evidence you need will depend on the severity of your injuries and the exact type of accident you experienced. The most common types of evidence used for premises liability lawsuits include:
Photographic or video evidence can be very compelling for slip and fall cases. For example, if you slip and fall in a store, the security camera footage from the store can clearly illustrate how you were injured.
Your medical records are also important when you file a premises liability lawsuit. Your medical records will reflect the severity of your injuries, along with any ongoing treatments you need, both of which can be used to calculate the compensation you are owed for your injuries.
Finally, witness statements can verify your side of the story, which may be particularly important if there is no security footage of your accident. Witnesses can include other guests on the property or employees.
Although slip and fall cases on commercial property are very common, winning a premises liability lawsuit can be challenging unless you are working with a lawyer. Your lawyer will identify negligence, establish the duty of care, and gather the evidence required to prove your case.