Have you been injured in a slip and fall or other type of accident while on another’s property?
You may be eligible to collect compensation for medical bills, lost wages, pain and suffering, and other damages. Discussing the incident with a licensed lawyer could be an important step as you consider your options.
The Fort Worth premises liability lawyers at Anderson & Cummings understand the difficulties individuals and families face when a serious injury occurs, which is why we offer free consultations to learn whether you may have a valid claim.
Our experienced lawyers are well-versed in local and state laws and prepared to hold negligent property owners accountable when accidents happen. Our firm has over 50 years of combined legal experience and has secured over $100 million in compensation. We recovered $669,438 in compensation for a slip and fall victim. Partner John Cummings has received the AV Preeminent Rating by Martindale-Hubbell and been selected for Texas Super Lawyers each year since 2003.
Our firm works on a contingency fee basis, which means you pay nothing up front and we only bill you if we win your case and you receive compensation. Contact us today to schedule a free case evaluation and discuss your claim.
Contact Anderson & Cummings today by calling (877) 920-9009.
Why to Consider Hiring an Attorney
Do you know if you have a case? Do you know what that case may be worth? What about proving a case against a property owner?
These are all questions you can discuss with a licensed Fort Worth premises liability lawyer from Anderson Cummings. The consultation is free, and you do not have to hire our firm, so there is no risk to you.
Injury victims who hire an attorney to represent them, especially an experienced attorney who has handled cases like yours before, often recover more compensation compared to those who do not.
Another advantage of hiring an attorney from our firm is that he or she is prepared to handle the entire legal process on your behalf. We have the resources and experience necessary to build a strong case. The at-fault party will do everything in its power to avoid accountability, which is why you need someone in your corner advocating for your best interests.
When Are Property Owners Liable?
Generally, a property owner may hold liability for an injury if it was caused by a failure to take reasonable steps to keep the property safe. The definition of reasonable steps depends on the legal status of the victim at the time of the injury.
This is someone who has the property owner’s express or implied permission to be on the property for the benefit of both parties. Customers at a retail store are usually considered invitees.
Property owners are legally obligated to uphold a duty of care to resolve unreasonably hazardous issues they are aware of or provide adequate warning to invitees about the issues. This means property owners are required to perform routine inspections to check for unreasonably harmful dangers.
An example of an unreasonably harmful circumstance would be a broken step on a staircase. If an invitee falls due because of it and suffers an injury, the property owner could be liable for the damages. Poor lighting that allows criminals to assault or rob customers in the parking lot could also be an unreasonable danger.
These are individuals who have the owner’s permission to be on the property for the benefit of someone besides the owner. Salespersons and social guests are some common examples of licensees.
Although the property owner owes a legal duty of care to licensees, he or she is not responsible for checking the premises for hazardous conditions. Instead, the property owner simply needs to warn licensees about hazards they would not be expected to notice.
These are people who do not have permission from the owner to be on the property. Those who walk onto private property, such as criminals, passersby or customers who were asked to leave a store.
The only duty of care that is owed to trespassers is to refrain from purposely trying to injure them through wanton or gross negligence. However, the property owner must still provide adequate warnings about an unreasonably dangerous situation on the premises.
If the trespasser is a child, the property owner could be liable for damages if it is proven that the child had easy access to a dangerous artificial condition on the premises.
No matter the duty of reasonable care owed to a visitor, the victim must prove a link between the breached duty and the injury. That means you need to prove the injury would not have occurred if the duty of care was upheld.
Building a strong case can be very complicated, which is why victims should consider seeking representation from an experienced attorney with in-depth knowledge of the law.
How Much Compensation Could I Recover?
The goal of any premises liability claim is not only to hold the property owner accountable for negligence, but also to obtain compensation to help put the victim back in the position he or she was in before the injury occurred.
If you have past, present or future medical expenses related to your injury, you may be eligible to recover these costs. This could include the cost of:
- Doctor visits
- Hospital stays
- Medical exams (X-rays MRI’s, CT scans, etc.)
- Medical equipment
- Physical and emotional therapy
- Transportation to and from medical appointments
- and more
An experienced lawyer from our firm is prepared to help you accurately calculate these costs, along with the cost of future treatment you may need. Our goal is to obtain the maximum allowable compensation you may need to make the best recovery possible.
If you lost wages while you were recovering from your injuries, you could be reimbursed for these losses. If you can no longer return to work in the same capacity as before the accident, you may qualify for compensation for future loss of income.
While the financial cost of a premises liability injury can be significant, we do not want to overlook the physical and emotional toll of the injury. Victims of assaults, crimes and dog attacks may suffer from depression and anxiety and other psychological issues (anxiety, depression, insomnia, fear, loss of companionship, loss of enjoyment of life and more).
Our Fort Worth premises liability lawyers understand the many ways a serious injury can affect your life. That is why we are committed to recovering maximum compensation for all damages.
Anderson & Cummings. We have answers to your legal questions. (877) 920-9009.
When Should I File my Claim?
According to the Texas statute of limitations, most personal injury victims are required to submit their claims within two years after the accident. This means if you fail to submit your injury claim within the two-year period, you could lose your right to pursue compensation.
However, there are certain situations where this deadline may be moved up or pushed back. For example, if the injured victim was under 18 years of age at the time of the accident, he or she has two years from his or her 18th birthday to file a claim.
The attorneys at our firm have detailed knowledge of deadlines for filing claims in Texas. However, the clock for your claim may already be running, so it is important to contact us as soon as possible.
Types of Premises Liability Claims
Premises liability claims arise from accidents on public and private property, including residences, businesses or other commercial property. Some of the most common situations that give rise to legal claims include:
Slip and Fall Accidents
Slip and fall accidents can result in serious, and sometimes fatal injuries. In many cases, these accidents could have been prevented if the property owner had removed a hazard or providing a proper warning to visitors.
Each day, nearly a dozen people die in drowning accidents, according to the Centers for Disease Control. Whatever the reason, families of drowning victims should seek legal counsel to determine what their legal options may be. Parents of children who drowned in a pool may have legal options, even if their child was trespassing at the time. Property owners have a legal obligation to take steps to keep children away from swimming pools, such as with fences.
Dog Bite Injuries
Each year more than 4.5 million people suffer from dog bites, according to the Centers for Disease Control. If the attack was unprovoked and you were not trespassing, you may have a claim against the owner. Our attorneys can investigate if the dog was considered dangerous, as this is a critical aspect of a dog bite case in Texas.
Assaults often happen because property owners failed to take steps to ensure security, such as by hiring security guards, ensuring proper lighting, installing cameras and other interventions. If you were assaulted on another’s property, pressing charges will not provide compensation. That is why you should strongly consider discussing a premises liability claim with an attorney.
Premises liability claims could also arise from injuries to those passing by or through a construction site, or injuries caused by fires or toxic chemical exposure. If you think negligence may have been involved, it is free to discuss the situation with an attorney from Anderson Cummings.
Discuss Your Claim with a Licensed Fort Worth Premises Liability Attorney
At Anderson & Cummings, we work on a contingency basis, which means you pay us nothing if you do not receive financial compensation.
Our attorneys understand that these situations can be frustrating and stressful. We do not want you to have to manage the legal process on your own. We want you to be able to take the time to rest and recover from your injuries.
If your claim is valid, our attorneys have the resources to thoroughly investigate and create a legal strategy that best suits your specific needs. We are committed to providing our clients with straightforward, honest legal advice.
Our office is located in Fort Worth at 4200 W Vickery Blvd, which is just down the road from the Tarrant County Courthouse.
Anderson & Cummings is here to help. Call (877) 920-9009 today.