Property owners in McAllen, TX, have a duty of care to ensure the safety of visitors and guests on their premises. Even trespassers are owed a certain level of care in some situations. When a person is injured on someone else’s property, they may be entitled to compensation under the state’s premises liability laws.
With over 25 years of legal experience, he has the skills and resources to help you recover compensation for your damages. We have an impressive track record of success, winning tens of millions of dollars in damages for our clients.
As an experienced Personal Injury Attorney in McAllen, TX at The Law Office of Lino H. Ochoa, Attorney Lino Ochoa understands premises liability laws. Contact our law office today at (956) 815-0055 to schedule a free consultation with an experienced McAllen premises liability lawyer.
How The Law Office of Lino H. Ochoa Can Help If You’ve Been Injured on Another Party’s Property in McAllen
A slip and fall or other injury on another party’s property can cause severe injuries. You may have high medical bills and significant lost wages. Who is going to pay for these costs?
The property owner may be liable for your financial losses and other damages. However, the liability insurance company and the property owner are unlikely to be forthcoming with compensation. Instead, they may dispute your claim and try to undervalue your damages.
Our McAllen Personal Injury Attorneys at The Law Office of Lino H. Ochoa has extensive experience helping clients with these types of cases. He is a fierce trial lawyer and aggressive negotiator. With valuable insights into how insurance companies and large corporations handle claims and lawsuits, Attorney Ochoa fights for the rights of injured victims and their families.
When you hire our top-rated premises liability lawyer in McAllen, Texas, you can trust we will:
- Investigate your claim to determine what caused your injury
- Gather evidence proving the property owner was at fault for your injury
- Work with leading expert witnesses as necessary to gather additional evidence for your case
- Determine how much your claim is worth after carefully documenting your damages and losses
- Identify all parties who could be liable for your damages and pursue each claim
- Handle all communications with the insurance company and property owner
- Negotiate a fair settlement for your claim
- File a lawsuit and take your case before a jury if the responsible party refuses to agree to a reasonable settlement amount
Our legal team will work diligently to obtain full compensation for your premises liability claim. Call us today to schedule a free case evaluation with an experienced premises liability lawyer in McAllen.
What Is Premises Liability in McAllen, Texas?
Premises liability is the term used to describe a property owner’s responsibility if someone is injured on their property. Premises refer to land and structures that make up a property. Liability is the legal responsibility for losses and damages resulting from an injury.
The duty of care a property owner owes a person depends on how the person is classified under the law. Owners are not strictly liable for all injuries and harm that occurs on their property. Instead, property owners are liable when they are negligent in the repair and maintenance of their property and that negligence results in their injuries.
Texas has three classifications for individuals in premises liability cases:
- Invitees are owed the highest level of care. They are on the property with the owner’s permission for the owner’s benefit, such as customers and clients. Owners are required to inspect the premises regularly and correct hazards or dangerous conditions.
- Licensees are social guests. Owners do not need to inspect their property for hazards, but they have a duty to warn their guests of known hazards. They also have a duty to correct or repair known hazards or warn guests.
- Trespassers are owed the least amount of care. They are on the property without the owner’s permission. Owners may be liable for injuries if they acted wantonly, willfully, or with gross negligence.
An exception to the above rules exists for attractive nuisances. These conditions are hazardous and dangerous but are likely to attract children.
Children are unable to fully comprehend the danger posed by the condition or object. Property owners could be liable if a child under 16 years old is injured on the property, even if the child is trespassing.
Our McAllen Premises Liability Lawyer Handles All Types of Cases
At The Law Office of Lino H. Ochoa, we have experience handling different types of premises liability claims. We handle cases involving situations including, but not limited to:
- Slips, trips, and falls
- Dog bites and animal attacks
- Amusement park accidents
- Injuries at hotels and resorts
- Accidental poisonings
- Elevator and escalator accidents
- Negligent security
- Inadequate lighting
- Swimming pool accidents
- Assault and intentional torts
- Exposure to hazardous substances
- Injuries on government property
- School and playground injuries
If you or your family member was injured while on someone’s property, call our office for a free consultation with a McAllen premises liability lawyer. We can help you with all types of injuries and claims related to premises liability.
Common Injuries Sustained in Premises Liability Accidents
Dangerous conditions and property hazards can cause severe injuries and impairments. Common injuries caused by slip and fall accidents and other premises liability situations include:
- Broken bones and fractures
- Neck injuries, including whiplash
- Internal organ damage
- Soft tissue injuries
- Loss of limbs and amputations
- Spinal cord injuries
- Traumatic brain injury
- Back injuries
- Scarring and disfigurement
Report the injury immediately if you are injured while on another party’s property. Seek prompt medical treatment to document your injuries. If possible, take photographs and make a video of the accident site to preserve evidence.
What Damages Can I Receive for a Premises Liability Case in McAllen, TX?
Damages are the remedy the court offers for a civil claim. The court cannot undo the injuries you sustained, but it can hold the property owner financially liable for your losses and harm.
- The cost of your medical care and expenses
- Rehabilitation therapy, including occupational and physical therapies
- Impairments and disabilities
- Loss of enjoyment of life and quality of life
- Mental anguish and emotional distress
- Lost wages, benefits, and earning capacity
- Disfigurement and scarring
- Out-of-pocket expenses
- Physical pain and suffering
- Nursing and/or personal care
You may receive compensation for your past and future damages and losses if you sustained permanent injuries. We work with medical specialists, financial professionals, and other experts to accurately determine the value of all damages in your case.
Can Contributory Fault Impact My Premises Liability Case in McAllen, TX?
Contributory fault can reduce the amount you receive for a premises liability claim. The Texas proportionate responsibility law does not prevent you from recovering compensation for a personal injury claim unless you are more than 50% to blame for causing your injuries.
However, fault can reduce how much you receive for damages. Your compensation is reduced by your level of fault. Therefore, if you were 20% to blame for a fall on someone’s property, your compensation could be reduced by 20 percent.
Insurance companies and property owners often blame the victim for causing their injuries to avoid liability. An insurance adjuster might try to get you to say something that could be used to allege fault. Instead of dealing with the insurance company directly, let our legal team at The Law Office of Lino H. Ochoa handle the claim for you.
What Is the Deadline for Filing a Premises Liability Claim in Texas?
The Texas statute of limitations places deadlines on filing civil lawsuits. If you file a personal injury lawsuit after the deadline, the court can dismiss your case. The judge is not required to consider whether you have a valid claim before dismissing the case.
The statute of limitations for most premises liability claims is two years from the date of the injury. However, factors in your case and exceptions to the statute could change the filing deadline in your case.
We strongly recommend contacting our office as soon as possible after an injury to protect your right to pursue a case in court.
How Much Does It Cost To Hire a McAllen Premises Liability Lawyer?
At The Law Office of Lino H. Ochoa, we accept cases for a contingency fee. Instead of charging you a retainer fee when you hire our law firm to represent you, we take our attorney’s fees from the money we recover for your case.
We are paid only after we win your case. We also don’t charge you for the initial consultation, and you don’t pay upfront fees to hire us to handle your case.
Schedule a Free Consultation With Our McAllen Premises Liability Lawyer
You deserve to be fairly compensated for injuries and falls on another person’s property. At The Law Office of Lino H. Ochoa, our legal team will work hard to get you the money you need and deserve. We serve Hidalgo County and its surrounding areas. Call us today at (956) 815-0055 to request a free case review with an experienced McAllen premises liability attorney.
Our personal injury law firm in McAllen, TX also handles:
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- Premises Liability Attorneys in McAllen, TX
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Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
Hours: Monday to Friday,
from 9 am – 5 pm
McAllen Premises Liability Accident Client Review
“When in stress and frustration, the only thing you want is for some type of guidance to help you get to the next step. We are very pleased with this Team! Mr. Ochoa and his staff really came through and helped throughout the whole process. Not only were they very informative; they were also available every time we called! We couldn’t have chosen a better team.”
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Highly Rated Emergency Rooms In McAllen, TX
- South Texas Health System ER McColl – 4702 S McColl Rd, Edinburg, TX 78539
- South Texas Health System ER Ware – 3700 W Nolana Ave, McAllen, TX 78504
- McAllen Emergency Room – 6700 N 10th St, McAllen, TX 78504
- Emergency Room at Rio Grande Regional Hospital – 101 E Ridge Rd, McAllen, TX 78503
- Mercer Emergency Center – 500 N Jackson Rd, Pharr, TX 78577
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.