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Does premise liability support litigation for falls in public buildings in Dallas Texas?

Texas – December 20, 2021

According to data from the Centers for Disease Control and Prevention falls are costly and widespread, and often leave victims with residual debilitating medical problems, or result in death.

  • One out of five falls causes a serious injury such as broken bones, or a head injury,
  • Each year, 3 million older people are treated in emergency departments for fall injuries,
  • Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a secondary head injury, or hip fracture.

Accident attorneys determine if you need to sue for economic and non-economic damages after a fall that leads to debilitating injury and a long hospital stay.  Since fall injuries can be costly to treat, and should also incorporate lost time from work and wages, it is best to talk to experienced personal injury attorneys at Cooper Law Firm about seeking compensation for damages incurred that insurance will not pay.

Premises liability for negligence.

Business owners should purchase insurance policies guided by Texas Law that addresses the scope of premise liability to patrons visiting a public building in Dallas.  Falls caused 39,433 deaths in the United States in 2018 resulting in liability claims to insurance companies and litigation for wrongful death and personal injury.

A property owner, a lessee, and a government entity are required to maintain safe conditions for visitors, but evidence must be gathered to support a claim of negligence including photos of the dangerous scene, witness testimony if someone saw the fall, accident reports, medical records and any other relevant evidence leading up to the cause of the fall. The burden of proof is on the injured party trying to recover damages.

Insurance recovery.

Slip and fall cases in Texas fall under a category referred to as premises liability cases. Under the premise of comparative fault, a person can recover for injuries:

1) if they slip and fall on a transitory (not permanent) substance; and

2) the property owner should have remedied that situation.

Statute of limitations.

 

After an accident in Dallas, it is important for victims to understand that they only have a limited time to take legal action against the negligent parties.  The Texas statute of limitations for personal injury and wrongful death actions is two years from the time of the injury, or death.  Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved.

Talk to a lawyer about damages.

Personal injury lawyers in Dallas can assist in the recovery of compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or  companionship.   Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000.  Accident lawyers at the Cooper Law Firm can objectively speak on a Dallas accident victim’s behalf in a courtroom, and work toward damage recovery.

 

Cooper Law Firm
N. Eric Cooper
Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://www.cdc.gov/nchs/fastats/accidental-injury.htm

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

 

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