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Can I file a personal injury claim if I was injured on someone else’s property?
If you were injured on someone else’s property, you can file a personal injury claim. This is known as a premises liability claim. Property owners have a legal obligation to ensure the safety of their visitors, guests, and customers. If they fail to maintain a safe environment and someone is injured as a result, they may be held liable for damages. In this context, it’s important to understand what premises liability is and how it applies in personal injury cases.
How to Determine if You Can File an Injury Claim after Getting Injured:
To determine whether you have a valid premises liability claim, several factors must be considered, including the cause of the injury, the severity of the injury, and the legal status of the injured person at the time of the accident (i.e. were they an invitee, licensee, or trespasser). It’s best to speak with an experienced personal injury attorney who can evaluate your case and determine whether you have grounds for a claim.
- Duty of care: The property owner or occupier must have a legal duty of care to ensure the safety of their visitors, guests, and customers.
- Breach of duty: The property owner or occupier must have breached their duty of care, such as by failing to maintain the property or address hazards in a timely manner.
- Causation: The breach of duty must have directly caused your injury.
- Damages: You must have suffered damages, such as medical expenses, lost wages, and pain and suffering, as a result of the injury.
In addition to these factors, it’s important to note that Texas law follows a modified comparative fault rule. This means that if you are found to be partially at fault for the accident that caused your injury, your compensation may be reduced by the percentage of fault attributed to you.
If you believe that you can file an injury claim after getting injured on someone else’s property, it may be worth consulting with a personal injury attorney in Texas to determine if you have a valid premises liability claim.
