Did you suffer an injury while visiting a commercial property in Brownsville, such as a restaurant, nightclub, mall, or sports stadium? If so, you may have cause to file a premises liability claim.
Property owners have a duty of care to customers, guests, and tenants to ensure that their properties are safe and free from known hazards. When they fail in this duty, innocent people can get hurt. This can lead to expensive medical bills, pain and suffering, and emotional distress.
Pursuing legal action ensures accountability from these negligent businesses. It helps you get proper compensation and pay for the treatment of the losses you suffered.
Kenny Perez Law can provide the Brownsville premises liability lawyers you need after you experience an accident caused by negligence on another person’s or business’s property.
The Firm You Can Trust
Kenny Perez Law has helped many clients who experienced life-threatening events in public areas. Our team will help you understand your legal rights. We work tirelessly to get you the results you need. We can build a strong case for you and will fight on your behalf to hold the careless establishment accountable.
With our help, you can focus on recovery while we handle the investigation and legal claim. Most of the time, we can reach a settlement that can get you compensation without needing to go to court. But we’ll prepare to try a case before a jury from day one, just in case the insurance company decides to fight your claim. We’ll advise you on the best course of action each step of the way.
What Constitutes Premises Liability?
Premises liability accidents often take place at:
- Apartment complexes and condominiums
- Shopping malls
- Office buildings
- Concert venues
- Sports stadiums
- Hospitals and healthcare facilities
- Grocery and department stores
Often, the negligence of the property owner leads to injuries caused by:
Animal attacks and bites are a common cause of injury and liability cases. Owners must pay for the harm their pet causes. They may have forgotten to put up signs warning people to exercise caution about the animal.
For example, the law requires owners to leash or secure all dogs when on public property. If the owner does not abide by this law, and the dog attacks someone, the victim can hold the owner liable.
Lack of Security
The property owner may not have adequate security to ensure the protection of guests, patrons, or renters. This can range from a lack of personnel to inadequate or faulty security equipment. The negligence of the staff can also make a criminal act worse or more likely. You can pursue a premises liability case when you or a loved one becomes the victim of assault, robbery, or other crime when on someone else’s property (including a parking lot) if they failed in their legal duty to keep you safe.
Property owners must ensure that their properties and complexes comply with all safety standards. This is especially important when constructing and maintaining stairs, balconies, and terraces. Among other things, these structures need secure railings on staircases, platforms, decks, and other elevated areas. Not installing them, not installing them properly, or not inspecting and maintaining them can result in falls that lead to serious injuries or death.
Slippery Areas and Obstructions
Slippery areas should have the proper warning signs and protective measures. For example, custodial workers and employees should always display warning signs when they mop, because puddles and wet floors can lead to dangerous slips and falls. According to the National Floor Safety Institute, over one-million people go to the hospital each year after a slip and fall accident.
Falls also occur because of obstructions in unexpected or inappropriate places. Businesses should tuck wiring away from pathways. Property owners should fix broken floors and stairs. A large crack or seam can cause a fall.
They should also place items carefully. Hanging items or those that jut out into aisles can harm patrons.
Falling object accidents often occur near large shelves like grocery stores or shopping malls. They can also happen if maintenance or construction work is underway. Even a small object can do a lot of damage when it falls from a high place. Loose fixtures can also come apart and injure someone near them.
A traumatic brain injury (TBI) is one injury that can occur due to a falling object.
You can contact Kenny Perez Law for help and legal counsel to determine if your injury is the responsibility of the premises owner.
Many people enjoy swimming pools, lakes, and rivers. They want to refresh themselves by swimming or boating during a hot day, or fishing in all kinds of weather. However, accidents can take place in the absence of precautions to protect the public.
The lack of guard railings and warning signs could lead to a fall into a pool. Children are vulnerable to falling in pools or natural waterways and drowning. Lifeguards should protect visitors at public pools and beaches along lakes and rivers that permit swimming.
Pool and beach owners need to properly train, supervise, and equip those lifeguards with everything they need to prevent accidents and save lives. If they fail in that duty, you can hold them liable.
What to Do After An Injury
Your priority after an accident is to seek medical attention. You must see a doctor, not only to treat your injury, but to get the documentation you need to file your Brownsville premises liability case as early as possible.
If a loved one is with you, ask them to take photos of the accident and the accident scene before the business cleans it up and destroys critical evidence. They can also get witness information, so we can contact them as soon as possible.
Evidence paired with witness testimony can prove the existence of the dangerous condition. Medical records and documentation are vital to building a solid case for compensation.
If you become injured on a commercial property, the manager usually files a report about the incident with his or her employer. However, consult us before signing anything they hand you. Often, these documents will release them from responsibility for your injuries, and leave you on the hook to pay the medical bills they caused.
Don’t worry if you couldn’t gather photos or witness contact information. If you can’t do it, we’ll do our best to pursue all available leads. Taking these steps after an accident best, but we understand that it’s not always a realistic option.
A Brownsville Premises Liability Lawyer Answers Your Questions
Premise liability incidents can occur almost anywhere in Brownsville. You might spend time at a nightclub or a swimming pool where there is inadequate security or warnings, leading you to slip and fall or otherwise become injured. A dog could bite you when you visit someone’s home because the owner did not secure the pet or place warning signs.
What should you do if you are injured on another person’s property in Brownsville due to someone’s negligence? Seek medical assistance and contact a lawyer. Premises liability cases often have expensive medical treatment consequences and otherwise impact victims’ lives in significant ways. You shouldn’t have to bear the burden of these expenses if someone else was at fault.
You can hold them accountable with a premises liability lawsuit. Your case is unique, and thus you really need to consult an attorney to find out all of the considerations to take into account in securing compensation. But read on for a good primer on premises liability claims and what you can generally expect in bringing one.
Who Is Responsible in a Brownsville Premises Liability Case?
An owner is normally liable, or legally responsible, when an accident occurs on their Brownsville property. Whether a homeowner or a business owner, they must learn of any dangerous defects and adequately address them or warn persons legally on their property about them.
Of course, Brownsville renters and property managers could also be responsible, since they oversee the property. For example, a retail store, if they don’t own the building, still must clean up spills to avoid liability for a slip and fall accident because they conduct business there. In a renting or leasing agreement, a renter might accept certain responsibilities to keep the property safe. In any case, speak to an attorney to determine all potentially liable parties.
What Is a Brownsville Property Owners’ Duty of Care
Duty of care is a legal term referring to the standard of care a given person must exercise to keep those around them safe. Property owners and managers have a unique duty of care that depends on the status of a person on their property.
Brownsville property owners and managers have a duty of care toward invitees and licensees. A licensee has an owner’s permission to enter the property and enters for their own benefit. This would include a friend who comes over for a social visit, or a girl scout selling cookies outside a store with the owner’s permission. An invitee is someone who enters the property with the owner’s permission for the benefit of both parties. This would cover people like patrons of a business. Property owners owe each of these categories of persons a duty to take reasonable actions to ensure their safety.
When Is a Brownsville Property Owner Not Liable?
In some cases, a Brownsville property owner or renter is not liable even if someone sustains an injury on the premises. To hold a property owner or manager liable, you need to be able to show they should have reasonably known about an unsafe condition and that they failed to take the necessary steps to address the unsafe condition. If a store puts a wet floor sign on a wet area, a court could find the store exercised its duty of care and cannot be held liable for the injury of a customer, particularly a customer who ignored the sign.
A property owner is generally also not liable for injury to a third category of persons, trespassers, those who do not have permission to be on the premises. If a trespasser gets hurt, the property owner generally is not liable for their injuries. Owners do not owe the violator the duty of care they do to licensees and invitees, but they cannot knowingly cause harm to trespassers, absent some other justification, such as self-defense.
Where Are Brownsville Premises Liability Cases Likely to Occur?
In Brownsville, premises accidents can occur on private and public property, alike. Public areas are typically high-risk for premises liability accidents, including restaurants, local shopping centers, 77 Flea Market, or the Gladys Porter Zoo. These areas typically see a lot of people throughout the year and more safety hazards tend to arise.
Possible Injuries in a Brownsville Premises Liability Case
Brownsville premises liability accidents can happen in many different settings, and the potential injuries likewise vary widely. You might sustain a broken leg after falling due to a broken handrail, or deep lacerations from a dog bite.
However, some of the more common injuries in premises liability cases include:
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Slipped disks
Many injuries do not manifest immediately. You should seek medical care as soon as possible after an accident to make sure you don’t have any hidden injuries, some of which could become fatal.
What Is the Statute of Limitations for a Brownsville Premises Liability Claim?
In Brownsville, the deadline to file a premises liability claim is the same as other personal injury cases, two years. The clock starts on the day the accident occurs. You need to file a lawsuit by the deadline or lose your chance to recover compensation.
If you believe you got hurt because of a property owner’s negligence, speak to a lawyer as soon as possible. Two years can sound like a long time, but you must do many things before you file, and the deadline tends to come faster than you would think.
Can You File a Premises Liability Lawsuit Against the City of Brownsville?
While governmental bodies generally have a certain degree of immunity from lawsuits, they can be held accountable for injuries on property in several cases. The Texas Tort Claims Act allows residents of Brownsville to file a lawsuit against the government for personal injuries.
The Act allows the city to become liable for injuries an individual receives but only for specific sites.
The properties include, but are not limited to:
- Street construction and maintenance
- Parking facilities
- Public transportation systems
- Libraries and library maintenance
- Civic centers
- Swimming pools, beaches, and marinas
For a successful lawsuit, you need to file a notice in writing to the city secretary within six months of the accident. The notice should detail when, where, and how an injury occurred. You have to write the full extent of the injury and the amount of compensation you claim.
Should I Call a Brownsville Premises Liability Lawyer if I Was Injured on Someone Else’s Property?
Yes—reach out to us if you suffered from an injury on someone else’s property. Our experienced personal injury attorneys can serve as an invaluable asset in pursuing the compensation you deserve.
Kenny Perez Law: Your Brownsville Premises Liability Attorneys
Kenny Perez Law knows how to handle Brownsville premises liability claims. We’ll inform you of the things we need from you to do all of your legal work for you. You can focus on recovery and have peace of mind knowing that we are fighting on your behalf. You do not have to bear the burden alone.
We work closely with our clients in Brownsville, ensuring that they get the compensation they deserve. Our passion is to help you cover your expenses.
You don’t even have to worry about paying us. We don’t charge anything when you consult us. We also don’t require payments unless we win the case. We only handle cases on a contingency basis, so if we don’t help you secure compensation, you will owe us nothing.
Each case is unique, and we’re not afraid of complex cases. We’ll always give you all of your options and help you come to your best course of action.
We take pride in our work and the financial help we’ve provided our clients. Now we look forward to helping you.
Kenny Perez Law
847 E. Elizabeth Street
Brownsville, Texas 78520
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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