Even if you end up falling a short distance, an awkward landing or impact against a hard surface could cause severe and sometimes life-changing injuries. Even worse, holding a landowner liable for the effects of an injury could be a complicated process due to the unique rules and restrictions set by state law that apply only to property liability cases of this nature.
A favorable result from a lawsuit or settlement demand against a negligent property owner could be vital to protecting your future. Hire a Montgomery County slip and fall lawyer to help you pursue your claim. A knowledgeable personal injury attorney’s guidance might make a difference in how strong of a case you can build, how accurately you can evaluate your losses, and whether you meet the time limits prescribed by state law.
While the exact duty landowners owe to visitors on their property varies based on why each visitor is present, landowners generally have a duty to protect all lawful guests from preventable harm. Depending on the circumstances, this might mean fixing dangerous conditions within a reasonable time, warning visitors about known hazards, and regularly inspecting their land to identify and properly address new threats.
An attorney in Montgomery County could offer guidance during a private consultation about whether a situation might justify a slip and fall claim. Legal counsel could assist with contesting allegations of comparative fault against a plaintiff. These are accusations from a defendant that an injured person partially contributed to causing their losses through negligent behavior.
For example, if someone slips and falls while wearing old shoes with no tread, a court might consider them partly to blame for any injury they sustained from their fall. Depending on the percentage of total fault assigned to a plaintiff, a court might proportionally reduce the total compensation available through a successful claim or bar them from recovery altogether if they bear a majority of the responsibility.
Even if a landowner is 100 percent at fault for a tripping accident, an injured plaintiff has limited time to file suit over an incident. Texas Civil Practice & Remedies Code §16.003 specifically sets a two-year deadline on most cases of this nature, beginning when the injury in question first happened.
There are exceptions to this deadline, but in general, someone who violates this statute of limitations will have no means of recovering anything for that particular accident. With that in mind, speaking with a lawyer quickly after a trip and fall in Montgomery County could be essential to preserving a plaintiff’s rights.
You should not have to bear the costs of a trip and fall caused by a landowner’s negligent property maintenance, regardless of what conditions lead to it or what specific injuries you sustained. Unfortunately, you may have no other choice if you fail to promptly and proactively take legal action after getting hurt. A Montgomery County slip and fall lawyer could enforce your rights after an incident. Call today to discuss your options.