How to Prove Negligence in an El Paso Premises Liability Case
Have you suffered an injury in El Paso, TX that was caused by negligent conditions? It can be hard to predict where accidents will happen, but if the issue is recurrent or you suspect that the property holder knew about it beforehand, you may be able to file a premises liability claim for your injuries.
Consider consulting a local top premises liability lawyer to start your settlement process today.What is Premises Liability in Texas?
Here’s what you need to know about establishing negligence in El Paso cases.
Premises liability can be defined as the legal responsibility of property owners to maintain a reasonable standard of safety on their property.
While the law differs in each state, in Texas, the owner is liable for any injury on their property if the following criteria are met:
- The owner had knowledge of the condition of the area which caused the injury
- The conditions were beyond what is deemed by the court as unreasonably dangerous
- The owner did not act to resolve said condition
- There is a direct correlation between this negligence and the plaintiff’s injury
If you are unsure whether your case meets the requisite criteria, click here to learn more about premises liability law in Texas and to find Premises liability attorneys in El Paso.Duty of Care on El Paso Properties
At the heart of the above criteria is the idea that the property owner has a certain responsibility to care for the features of said property. This is known as the duty of care.
Examples may be:
- Poor lighting
- Insufficient signage pointing out hazards
- Exposed electrical components
- Tripping Hazards
- Structural Damage
- Improperly restrained animals
Duty of care statutes differ between those for recreation and those for work or residence. Consider talking to an attorney specializing in premises liability to ensure that your case fits with all requirements in the state of Texas.Setting Up Your Case for Success
The burden of proof is then on the plaintiff to prove that the owner was liable. Your first step to proving negligence in premises liability claims is always to hire an experienced lawyer who will advocate for you and find the proof required to support your claim.
- The owner had control over the premises
- You were invited onto the property
- The owner was aware of the area of concern
This can be done through documentation or through the testimony of an expert witness. Examples of documentation are:
- Contract of work
- Visit confirmation
- Email or text message exchange
- Deeds of ownership
El Paso Tx injury attorneys at Carabin Shaw have fought aggressively and won thousands of personal injury cases for our clients over the last 28 years. Carabin Shaw reviews demonstrate that our combined 200 years of experience, professionalism, and diligence ensure that you’re in good hands.
We believe that you deserve to be compensated for your suffering, which is why we offer our services on a contingency-fee basis. At Carabin Shaw, your win is our win.
- In addition to our expertise, we offer you:
- A free initial consultation
- Services in BOTH English and Spanish
- 24/7 emergency access at our toll free number
- Personal care and attention
Our team is ready to get you and your loved ones back on their feet. Give us a call today at 800-862-1260.
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