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What Does a Premises Liability Lawyer Do?

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If you slip and fall due to defective or dangerous conditions, then you need a premises liability lawyer. Premises liability and personal injury law go hand in hand: the former is a division of the latter. This means that if you end up injured due to a property owner’s negligence, your premises liability attorney will work to get you a settlement. Let’s take a closer look at what these lawyers do in Houston, TX, and you’ll see how you could benefit from hiring one.

What Will Your Houston, TX Premises Liability Lawyer Do for You?

If you’re injured in someone’s home, construction site, place of work, or other property, then a premises liability attorney will come in handy. There are plenty of premises liability lawyers in Houston who can take your case. They’ll conduct an investigation to prove the property owner was responsible for your injury or illness, and this will help you get a settlement after your mishap

What Does Your Lawyer Need to Prove?

Your lawyer needs to prove the property owner was aware of the hazard on their property. If this isn’t doable, it’s also possible to argue it’s reasonable to expect the owner knew about it. For example, many older homes still contain asbestos. Given how dangerous this substance is, it’s reasonable to expect the property owner was told about its presence when they purchased or inherited the building. Your lawyer will help argue this case.

The attorney must also prove the property owner neglected to attempt to mitigate any anger, and they must prove your injuries or illness were brought on directly by any danger in this property. This will be more difficult with things such as asbestos exposure, but it’s easier to prove for other incidents, such as slip and fall accidents in stores caused by a wet floor with no wet floor sign. For example, CCTV footage will show a floor being washed and no sign placed.

Does Your Lawyer Need To Prove Duty of Care?

One of the things your lawyer must prove is duty of care in the incident. Duty of care varies from state to state. In some states, including Texas, the property owner does not owe a duty of care if they can argue that you were trespassing. In other states, a duty of care is owed to anyone on a property owner’s land or premises.

There are several other circumstances in Texas where the property owner doesn’t owe the injured party duty of care. Your lawyer will know these, and they’ll do their best to get you the best settlement possible in spite of them. There’s leeway surrounding many of the circumstances where duty of care is not applicable.

What Does the Process of Dealing With Your Lawyer Look Like?

Working with a lawyer can be intimidating and scary, so here’s a little breakdown of what working with your lawyer will look like.

From start to finish, the lawyer will:

  • Address questions and concerns
  • Investigate how and why the incident causing your illness or injury occurred
  • Demonstrate the property owner’s negligence and the danger of the circumstances leading up to the incident
  • Prove the fault of the property owner
  • Build you a detailed case showing all of the above
  • Create a strategy to help you seek compensation
  • Negotiate with the defendant, legal representatives, and any insurance companies involved
  • Represent you in court, if needed

What Are Some Premises Liability Claims You Can Make?

1. Slip and Fall Hazards

Slip and fall hazards account for over 1 million hospital emergency room visits, making them one of the most common causes of injury on another person’s property. With the liberal use of CCTV, it’s often easy to prove the premises owner is at fault in slip and fall hazards in many establishments, particularly in retail.

2. Snow and Ice Hazards

If a property owner hasn’t taken the steps to ensure there’s a safe and clear path from their parking lot to the entrance of their establishment, then you could make a claim on a snow and ice hazard if you slipped or had your belongings, such as your car, damaged.

3. Toxic Fume Hazards

Some workplaces deal with toxic substances. All workers and visitors to the premises should be given the necessary safety gear to protect them from the fumes. If you weren’t given gear, then you can make a claim.

4. Fire and Flood Hazards

Fires and floods are often preventable disasters. If the fire or flood was due to faulty equipment or negligent workers, then you may be entitled to compensation, depending on the overall circumstances of the incident.

If you’ve been involved in an accident on someone’s property, then you don’t have to worry. Your lawyer will build a case for your hat entitles you to the compensation you deserve. With a solid case and plenty of evidence, you can rest assured that the outcome will be in your favor.

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