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Premises liability law involves the legal responsibilities of property owners, management companies and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The law establishing property owner liability can be complicated and liability may be determined based on where the injury occurred.
Understanding the premise liability laws and principles is critical in determining whether you or a loved one has a valid claim and how you will present your case. The Law Office of Avery McDaniel has represented clients in many premises liability cases for over 14 years. Our firm has significant knowledge and experience in handling all types of premises liability claims, in evaluating our client’s cases, dealing with insurance companies and, if necessary, filing a lawsuit and taking the case to trial. If you or a loved one has been injured on another’s property, call the Law Office of Avery McDaniel at (817) 810-9500 for a free consultation.
Each premises liability incident must be investigated individually to establish case specifics. The experienced attorneys at the Law Office of Avery McDaniel will thoroughly investigate and assess your premises liability claim, the medical evidence used to evaluate physical injuries, and the economic and accounting principles required to evaluate your losses. Our experience in premises liability litigation is extensive. Our firm’s experienced and aggressive team of lawyers and legal staff is committed to helping you achieve fair compensation for your claim (whether in pre-suit settlement negotiations, mediation, arbitration or trial) and to ensure that your rights and interests are protected. We provide the strongest possible representation.
An injury or death resulting from the negligent design, maintenance or operation of a property leaves the injured person or their family with the legal right to pursue a claim for compensation against the property owner, landlord or another party responsible for maintenance. Property owners are legally obliged to maintain safe conditions at all times.
“Premises Liability” claims are generally described in two areas:
These accidents occur due to, among other things, improper design, maintenance and operation of a business owner or property owner’s property. Slip and Fall or Trip and Fall cases include, among other things:
These types of premises liability claims refer to a failure by a property owner or its management to provide adequate security, resulting in physical assault, personal injury, or even death. Security related premises liability claims include, among other things:
The Law Office of Avery McDaniel will investigate your premises liability claim and, if necessary, contact appropriate experts to conduct a site inspection and evaluation to determine the cause of your injury and whether or not the business entity or property owner was responsible for causing your accident.
In Texas, if the property owner, property management company or other business owner’s improper design, maintenance and/or operation of their property or failure to provide adequate security caused you or a loved one to be injured and is found negligent, the injured individual may be entitled to medical expenses, and some measure of pain and suffering, mental anguish, disability, permanent disfigurement, and wrongful death, and other types of general damage. Texas also allows for recovery of “special damages.” “Special damages” include: lost wages/income depending on the severity of the injury, present and future medical bills, loss of earnings potential and other out-of-pocket expenses. In some cases, the injured party may be entitled to punitive damages. Please be aware that insurance adjusters, insurers and property owners, property management companies or other business owner may try to take advantage of premises liability victims who are not represented by an attorney experienced in Texas premises liability litigation.
If you are injured on another person’s property, there are a few general guidelines you should follow:
Premises liability incidents can result in serious physical and financial consequences. Premises liability incidents can also cause significant disruption in your life or loved one’s life as well as the victim’s family. Choosing the right legal representation is the first step in reducing stress and moving toward the resolution you deserve. By contacting the Law Office of Avery McDaniel you will be hiring a law firm with an exceptional reputation with insurance companies and adjusters, other lawyers and the courts. Our firm has experienced trial lawyers with extensive trial experience and highly trained pre-litigation staff with the knowledge and skills to handle client concerns quickly and effectively. We will work diligently and effectively to investigate the incident scene, research the accident and property conditions, compile and preserve evidence, and work with investigators and/or experts. Our firm has a proven method for successfully managing your premises liability claim from initial consultation to settlement or trial. We appreciate the opportunity to demonstrate our personal commitment and to put our knowledge and experience to work for you to maximize the recovery to which you are entitled for your injuries or loss.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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