Pasadena Premises Liability Lawyer
Protecting Your Rights Following an Accident on Another Person’s Property
When an individual slips and falls on a store's puddle or trips on a stairwell without a handrail, we might perceive these incidents as accidents. In reality, most of these occurrences are the result of negligent property owners neglecting to address hazardous conditions on their premises.
Property owners have a responsibility to maintain a safe environment for visitors. If property owners fail to fulfill their duty and you suffer injuries as a result, you have the right to seek compensation for your losses and expenses.
If you've experienced harm while on someone else's property, turn to the Pasadena premises liability attorneys at Goldenzweig Law Group, PLLC. With decades of combined experience, our legal team is dedicated to assisting injured accident victims in pursuing financial recovery and holding those responsible accountable.
As a comprehensive personal injury law firm, our focus is always on our clients' needs. We work to ensure you receive the necessary medical treatment for your injuries and the support required to rebuild your life. When you choose our firm to represent you in your premises liability claim, you won't have to pay any upfront fees. In fact, we only receive payment if we successfully recover compensation for you.
What Is Premises Liability?
Premises liability refers to a legal claim arising from injuries caused by unsafe or defective conditions on another person's property. In a premises liability case, the injured party asserts that the property or business owner acted negligently in owning and maintaining the premises, failing to exercise reasonable care in keeping the premises free from dangerous or hazardous conditions.
What Do You Need to Prove in a Premises Liability Claim?
The most crucial aspect is establishing that the accident and your injuries resulted from the property or business owner's negligence in properly maintaining the premises. To do this, you must demonstrate that the property or business knew about the hazardous or defective condition either because they created it or because they were already aware of it through discovery or reports.
You can also prove premises liability by showing that the property or business owner should have reasonably known about the hazardous or defective condition that caused your injury. This can be proven by demonstrating that the condition existed for a significant period, such that a diligent property owner or operator would have discovered it before your injury occurred.
Lastly, you must prove that the property or business owner failed to take reasonable steps to rectify the condition or warn you about its existence. Additionally, you need to establish that you were lawfully on the property at the time of the incident. If you were trespassing, meaning you did not have legal permission to be there, proving the property owner's liability may be difficult or impossible.
What Is the Distinction Between an Invitee and a Licensee?
In Texas, the law designates different categories for visitors to a property based on their purpose for being there.
There are three main types of property visitors:
While most people understand trespassing, fewer are aware of the distinction between an "invitee" and a "licensee."
The difference between an invitee and a licensee is relatively straightforward. An invitee is someone who visits a property for business-related purposes, while a licensee is someone who visits a property for social reasons or for a purpose unrelated to business or the benefit of the property owner. For instance, a customer in a grocery store is an invitee, while a guest at someone's home or a meter reader would be considered a licensee.
The law distinguishes between different visitor types because property owners owe varying degrees of care to invitees, licensees, and trespassers. In Texas, property owners must address dangerous conditions by removing, repairing, or providing warnings about them. They must also conduct routine property maintenance to identify potential hazards. However, this duty of care solely applies to invitees. When it comes to licensees, property owners are only obligated to remedy dangerous conditions and warn about potential hazards to protect licensees.
For trespassers, the duty of care is even lower. Texas property owners are only required to avoid causing intentional harm or injury to trespassers. The only exception to this is when a trespassing minor (someone under 18 years old) is attracted to the property due to an "attractive nuisance."
What Is an Attractive Nuisance?
Texas has an "attractive nuisance" law that assumes minors (under 18 years old) cannot reasonably identify dangerous conditions and hazards. Consequently, property owners have a responsibility to ensure that such dangerous conditions do not put children and young teenagers at risk. This responsibility holds even when minors do not have the property owner's permission to be on the premises.
Certain features are generally considered "attractive nuisances," including:
- Swimming pools
- Playground equipment
- Construction sites
As young children may not comprehend the risks associated with these dangerous features, it is the property owner's duty to prevent access to them. For instance, property owners must install appropriate barriers around swimming pools, including locked gates, to ensure unsupervised children cannot fall or jump in.
If a property owner failed to adhere to attractive nuisance laws, resulting in your child's injury or death, we can provide assistance. At Goldenzweig Law Group, PLLC, we offer compassionate and personalized legal representation, fiercely advocating for the rights of children, parents, and families.
How Can a Premises Liability Attorney Assist?
When you sustain injuries on another person's or business's property, a Pasadena premises liability attorney from Goldenzweig Law Group, PLLC can support you by:
- Conducting a free consultation to discuss your case's details and inform you about your legal right to compensation.
- Investigating the incident's facts and circumstances to gather all available evidence, such as accident/incident reports, scene photos, witness statements, or surveillance footage.
- Reviewing the evidence in collaboration with experts in fields like accident reconstruction, engineering, or security, if necessary, to determine the cause of the incident and identify the responsible parties.
- Assisting you in finding appropriate medical treatment and any other necessary aid to mitigate the impact of your injuries on your life.
- Identifying all potential sources of compensation, such as insurance coverages held by the property or business owner, and filing claims on your behalf.
- Engaging in aggressive negotiations with insurance company representatives to secure a fair and comprehensive settlement.
- Fully preparing your case for trial, if required, to demonstrate the strength of your claim.
At Goldenzweig Law Group, PLLC, we understand the burden that injuries can impose on you. Therefore, we do not require any upfront fees for our advice or services. We only receive payment when we successfully obtain compensation for you.
Common Types of Premises Liability Cases We Handle
Goldenzweig Law Group, PLLC can assist you in pursuing a legal claim for compensation if you have been injured in accidents such as:
- Slip and Fall Accidents: We help you hold property and business owners accountable for injuries and losses resulting from their failure to address known or foreseeable slipping or tripping hazards.
- Dog Bites: Our firm aids you in filing claims with homeowners' or renters' insurance of a dog owner if a dangerous or aggressive dog bites or attacks you.
- Negligent Security: We support you in pursuing a legal claim when a property or business owner's negligent security measures facilitate criminal or violent activity, leading to injuries.
- Swimming Pool Accidents: We assist you in seeking fair compensation for injuries and losses caused by swimming pool accidents, including slip and fall incidents and drowning.
- Fires on Dangerous Property: Fires may originate from hazardous conditions on someone's property or spread from another property to yours. If you were injured in a fire caused by someone else's negligence, we can help you pursue financial compensation for your losses.
With our experience, resources, and knowledge, we can effectively investigate and pursue all types of premises liability claims. Contact Goldenzweig Law Group, PLLC today to learn more.
Demanding Full Compensation for Your Injuries
When you suffer injuries due to dangerous or hazardous conditions on someone else's property, you may be entitled to seek compensation for various damages, including:
- Medical Expenses
- Lost Wages
- Loss of Quality of Life
- Pain and Suffering
Our team is committed to maximizing your recovery and ensuring you receive full compensation for all economic and non-economic damages.
What to Do if You’ve Been Injured on Someone Else’s Property
After an accident caused by unsafe conditions on someone else's property, it is crucial to take certain steps immediately and in the subsequent days and weeks to protect yourself, your rights, and your future recovery:
- Report the Incident: Notify the property owner or business about the incident. In commercial establishments like stores or restaurants, a manager or employee may complete an accident or incident report for the business or its insurance company. Request a copy of this report and stick to factual information when providing a statement for the report.
- Seek Medical Treatment: Obtain medical treatment promptly. Visit the emergency room, an urgent care clinic, or your primary care physician for a thorough examination of all injuries sustained during the incident. Attend all follow-up appointments and follow your doctor's instructions.
- Preserve Documentation and Evidence: Keep copies of your medical records, receipts, communication from the insurance company, contact information for any witnesses, and the clothes and shoes worn at the time of the incident if they contain potential evidence, such as residue from a slippery floor.
- Exercise Caution on Social Media: Avoid posting about the accident, your injuries, your physical condition, or activities on social media. Insurance companies and opposing attorneys can use these posts against you.
- Contact an Attorney: Consult with a Pasadena premises liability attorney as soon as possible. They can evaluate your case, guide you through the legal process, protect your rights, and advocate for the compensation you deserve.
By following these steps, you can strengthen your premises liability claim and improve your chances of obtaining fair compensation for your injuries and losses.
Schedule a Free Consultation With a Pasadena Premises Liability Attorney
At Goldenzweig Law Group, PLLC, our experienced Pasadena premises liability attorneys are dedicated to fighting for the rights of injured individuals. We understand the physical, emotional, and financial toll that accidents can have on your life, and we are here to help you navigate the legal process and pursue the compensation you deserve.
We are ready to listen to your story, answer your questions, and provide the guidance you need during this challenging time.
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What is negligence?
“Negligence” refers to careless, reckless, or wrongful (including unlawful) behavior. Often, this type of behavior leads to serious accidents, injuries, and even deaths. Some examples of negligence include someone who runs a red light because they were texting while driving, a shop owner who fails to put out a “wet floor” sign after an employee mops up a spill, or a dog owner who allows their dangerous dog to roam free and unleashed in a public park.
How do I know if I have a case?
You likely have a personal injury case if you were injured and suffered measurable damages—such as medical bills or pain and suffering—due to the careless, reckless, negligent, or wrongful conduct of another person or party. In other words, if someone else is to blame for your injuries, you could have grounds for a personal injury claim. The best way to know whether you have a case is to contact an attorney at our firm for a free consultation. During this initial meeting, we can go over the details of your situation and provide personalized counsel tailored to your circumstances.
How much is my personal injury case worth?
The exact value of your personal injury case depends on a variety of factors. Some of these factors include the severity of your injuries, the extent of your damages, whether you had to take time off work to recover, how much time you had to take off work, whether your injuries resulted in a disability, and your degree of fault (if any) in causing the event that led to your injuries. It is not possible for any attorney to estimate the value of your claim without first reviewing the specific details involved. We encourage you to reach out to our Houston personal injury attorneys at Goldenzweig Law Group to request a complimentary case review.
Will I have to go to court?
Not all personal injury cases go to court. In fact, many settle in pre-trial litigation or as a result of your attorney’s negotiations with the insurance company. However, if the liable party refuses to play fair, you want an attorney who is not only willing but also has the experience needed to aggressively represent you at trial. At Goldenzweig Law Group, PLLC, we will prepare you for what to expect with your case, including whether or not you may need to go to court.
How long do I have to file a lawsuit?
In most cases, there is a two-year statute of limitations on personal injury lawsuits in Texas (surrounding states may have different laws). This means that you typically have just two years from the date of injury to bring your claim in court. Sometimes, when an injury is not discovered right away, the statute of limitations will be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered.
There are some exceptions to this two-year deadline, but they are rare. We encourage you to act quickly after an accident or injury to avoid losing your right to seek compensation for your damages. If the statute of limitations expires, the court will almost certainly dismiss your case. Even if you think it might be too late, reach out to Goldenzweig Law Group, PLLC to discuss your legal options.