Katy Premises Liability Attorney
If you were injured in a store, business, someone’s home, on public property, or in any other type of premises, you may have the ability to seek compensation from the owner by filing a personal injury claim if their inaction led to your injuries. Their negligence could be in the form of failing to fix a broken stairway, failing to provide adequate security in their nightclub, or by inviting you into their home and not putting their pitbull in the bedroom as a precaution—and the dog bit you as a result. No matter the situation, our Katy premises liability attorneys at The West Law Office can look at your case and help you figure out the next steps.
Common Types of Premises Accidents We Handle
- Slip and fall;
- Negligent security;
- Explosions and fires;
- Dog bites;
- Construction site accidents;
- Swimming pool injuries and drowning; and
Duty of Care
Business owners and property owners have a duty of care to their invitees, or guests, that, when broken, can open them up to liability if an injury or fatality occurs on their property. What this means is that a slip and fall in a department store, for example, can be grounds for a personal injury lawsuit if the owner had actual or constructive knowledge of a hazard, and did nothing to make the situation safer. As such, in order for a lawsuit to be successful, a plaintiff must establish:
- The presence of a hazard;
- The property or business owner had or should have had actual or constructive knowledge of the hazard;
- The property or business owner had sufficient time to address the hazard, yet failed to resolve it; and
- The plaintiff’s injuries were caused by that hazard.
Actual Vs. Constructive Knowledge
Actual knowledge of a hazard is seeing or hearing about it directly. Constructive knowledge is something that a person should be reasonably expected to know.
- Actual knowledge of a hazard—A store manager saw, with their own eyes, that a puddle of water had formed near an entryway.
- Constructive Knowledge—A store manager knew that it was raining, and knew that in the past a puddle had formed near the entryway, though they did not specifically see it on this day.
Damages in a Premises Liability Claim
If you are able to establish real or constructive knowledge and prove that the owner had an opportunity to resolve a hazard but failed to do so, your next step is establishing your damages. Damages include your injuries, bills, lost wages, and other pecuniary and non pecuniary harms. Damages that you can be compensated for in a premises accident include:
- Medical bills;
- Pain and suffering;
- Emotional distress;
- Lost wages and earning capacity; and
Call a Katy Premises Liability Attorney Today
You should not be financially burdened by medical bills and lost earnings simply because you decided to eat at a restaurant or shop at a grocery store that had a negligent clean-up policy. No one should be forced into bankruptcy because of bills acquired by another party’s carelessness. If you were injured as a result of negligent business or property owner, call The West Law Firm today at 281-347-3247 to schedule a free consultation with a Katy premises liability attorney.