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Common Defenses in El Paso Premises Liability Lawsuits and How to Counter Them

Although El Paso, TX, has consistently ranked among the safest large cities in the US over the last decade, accidents still occur. When accidents occur on someone else's property, they are known as premises liability accidents. The most prevalent types of premises liability accidents include slip and fall accidents, dog bites, swimming pool accidents, and accidents due to hazards, defects, or poor property maintenance.

When accidents occur, victims of premises liability incidents in El Paso, Texas, may seek compensation for their injuries. However, property owners and their insurance companies often employ premises liability defense strategies to avoid being held accountable. Seeking an experienced attorney who knows the common defenses for premises liability lawsuits and how to counter them will allow you to recover from your accident while your lawyer recovers the compensation you deserve.

Understanding Premises Liability in El Paso, Texas

Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property due to negligence. To establish a successful premises liability claim, you must prove:

  1. The property owner owed you a duty of care.
  2. The property owner breached that duty by failing to maintain the premises or warn of hazards.
  3. The breach of duty directly caused your injury.
  4. You suffered damages as a result.

It is important to note that you must provide this proof and file your case within two years of the date of the accident.

Countering Defenses in El Paso Premises Liability Lawsuits

Below is a list of common defenses in El Paso premises liability lawsuits and how to counter them.

Lack of Notice

Property owners may argue they were unaware of the hazardous condition that led to the injury. They may claim they couldn't have reasonably known about the danger.

Counter: To counter this defense, it's crucial to show evidence that the property owner either knew about the hazard or should have known about it through reasonable inspections. Evidence may include photos of the hazard, security camera footage, maintenance records, witness testimonies, and prior reported injuries.

Comparative Negligence

Defendants often assert that the victim's own negligence contributed to the accident. They may argue that you were not exercising due care for your own safety.

Counter: You can counter this by demonstrating that your actions were reasonable and did not contribute significantly to the accident.

Texas is a modified comparative fault state and follows a 51% rule, which means that if your negligence is determined to be 51% or more responsible for the accident, you may not be eligible to recover compensation. If your level of negligence is found to be less than 51%, you may still recover damages, but the amount could be reduced by your degree of fault.

Inadequate Proof of Damages:

Defendants may challenge the extent of your injuries or the monetary value of your claim.

Counter: Provide documented medical records and bills, including future recommended medical procedures and expenses, lost wages from missed work, and other evidence to support the extent of your injuries and the financial losses you incurred.

Legal Help for Premises Liability Victims in El Paso Texas

Facing these defenses can be challenging without legal assistance. El Paso premises liability attorneys at Carabin Shaw have a strong track record of proving negligence in premises liability lawsuits and helping victims get the compensation they deserve. Don't just take our word for it. Read Carabin Shaw reviews to learn more about how our team helps clients.

At Carabin Shaw, we understand the financial burden that often accompanies personal injury cases. That's why we offer our services on a contingency-fee basis. You only pay us if we win your case. Call our office toll-free at 800-862-1260 to speak with our English and Spanish-speaking staff, available 24/7, to provide a free case review to get you started on your path toward justice.

For more information:

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

Client Reviews
We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.