Types of Premises Liability Claims
Examples of injuries that may occur and lead to a premises liability claim include:
- Oilfield accidents
- Plant/Refinery Explosions
- Toxic fumes or chemicals
- Oil leaks
- Negligent security leading to assault or injury
- Accidents involving fire
- Garage door accidents
- Defective and broken stair accidents
Any of these accidents can cause severe injuries, or sometimes even death.
Private Property vs. Public Property Claims
Premises-related injuries can occur on both public and private properties. Public properties include public schools, public playgrounds, public libraries, theme parks, roadways, parking lots, sidewalks, oilfields, and other government establishments. Conversely, private properties consist of residential apartments and commercial buildings, including local grocery stores, restaurants, retail stores, and supermarkets.
In premises liability lawsuits, there is no difference between public or private property negligence. Victims can pursue fair compensation for getting injured on private property. Likewise, they can seek damages from the government for premises-related injuries suffered in a public place or government entity. Whether it's your oilfield contractor, a local supermarket, or even a government establishment, you are eligible to file injury claims against any negligent property or business owner.
Modified Comparative Negligence in Texas
Texas uses a "modified comparative negligence" system. Also referred to as "proportionate responsibility," victims are entitled to seek compensation if their negligence is not greater than the defendants. That is, you can recover damages only if you were less than 50 percent at fault for the accident occurring. Regardless, your amount of financial compensation will be diminished by your fault or negligence percentage.
For instance, if you were texting and walking, got distracted, and failed to notice an exposure that you would have seen if you were paying attention, you may be found to be partially at fault for your injury. If you were awarded $50,000 in damages, but it was decided that you were 30 percent at-fault, you would only receive $35,000.
Hiring a Premise Liability Attorney
Proving negligence in a Texas premise liability case involves a lot of complexities. Therefore, it is important to consult with a knowledgeable Texas personal injury attorney for detailed guidance and to protect your rights.
At The Fostel Law Firm, I have dedicated my career to providing outstanding legal services and comprehensive representation in matters of personal injury and premises liability claims. As your legal counsel, I will review every aspect of your case, conduct a thorough investigation, prove fault, establish liability, and determine case value.
Also, I can help you file your injury claims, fight compassionately to protect your rights, and help you pursue fair financial compensation for your injuries. With me on your side, you can anticipate a favorable outcome in your premises liability lawsuit.