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Premises liability covers legal claims that arise when someone is injured on another person or business's property because of unsafe conditions. In McAllen, Texas, the same general rules that apply across Texas govern these claims. Property owners and occupiers may owe a duty to visitors to keep the premises safe and to warn of known dangers. Whether a property owner is liable depends on factors such as the type of visitor, whether the owner knew or should have known about the hazard, and whether the owner took reasonable steps to repair or warn about the danger.
Premises liability cases can be straightforward, but many become complicated quickly. You may need a lawyer if any of the following apply:
- You suffered significant injuries, high medical bills, or a long recovery period.
- The property owner or their insurer denies responsibility or blames you for the accident.
- The property is owned or operated by a government entity, which often involves special notice rules and shorter deadlines.
- Key evidence may be lost or destroyed, such as surveillance video or maintenance logs.
- There are multiple liable parties, such as a landlord, a contractor, or a business owner.
- You need help calculating non-economic damages like pain and suffering or future medical needs.
An experienced premises liability attorney can evaluate whether you have a valid claim, preserve evidence, handle insurance communications, calculate damages, and represent you in settlement talks or court.
Here are key legal aspects to know for premises liability claims in McAllen and across Texas:
- Duty of Care: Property owners generally must use ordinary care to make sure their property is safe for lawful visitors. Businesses typically owe a higher duty to invitees - people invited for business purposes.
- Notice Requirement: To recover, a plaintiff usually must show the owner knew or should have known about the hazardous condition. Evidence of actual notice, constructive notice, or negligent maintenance can be important.
- Comparative Fault: Texas follows modified comparative fault rules. If you are partly at fault, your recovery is reduced by your percentage of fault. If you are more than 50 percent at fault, you may be barred from recovering damages.
- Statute of Limitations: Most personal injury claims in Texas, including premises liability, must be filed within two years from the date of the injury. Missing this deadline can prevent you from bringing a lawsuit.
- Government Entities: Claims against cities, counties, school districts, or other government units have special rules. You may be required to provide written notice of your claim within a short time period before you can file a lawsuit. These notice requirements are strict, and failing to comply can bar your claim.
- Landlord and Tenant Rules: Liability can depend on whether a hazard is in a common area or within a tenant-controlled area. Landlords may be liable for unsafe common areas, building code violations, or failures to repair known dangerous conditions.
- Child Trespassers and Attractive Nuisance: Texas recognizes claims involving child-injuries in some attractive nuisance circumstances, but the law is fact-specific and often complex.
Get medical attention first. Report the incident to the property owner or manager and request an incident report. Preserve evidence - take photos of the hazard, the location, and your injuries. Collect contact information for witnesses and keep any clothing or shoes you were wearing. Avoid giving recorded statements to the property insurer before speaking with an attorney.
Under Texas law most personal injury lawsuits must be filed within two years from the date of the injury. Special shorter deadlines often apply to claims involving government entities. Because deadlines can bar your claim, consult an attorney promptly.
Potential defendants include property owners, managers, tenants who control the area where the injury happened, maintenance companies, and contractors who created or failed to repair the hazard. If the property is government-owned, the government unit may be a defendant but special rules apply.
You may be able to recover economic damages like past and future medical expenses, lost wages, and property damage. Non-economic damages can include pain and suffering, mental anguish, and loss of enjoyment of life. In rare cases involving extreme conduct, punitive damages might be available.
Texas applies modified comparative fault. If you are partly at fault, your damages are reduced by your percentage of fault. If you are more than 50 percent at fault, you generally cannot recover damages.
Useful evidence includes photographs of the hazardous condition, surveillance video, maintenance and inspection logs, incident reports, witness statements, medical records, bills, and any communications with the property owner or insurer. Prompt evidence preservation is critical.
Many premises liability claims settle through negotiations with insurers. A case may go to trial if the parties cannot reach a fair settlement or if legal issues require court resolution. Your attorney can advise whether settlement or trial is more likely based on the facts.
Many personal injury attorneys handle premises liability cases on a contingency-fee basis, meaning they are paid a percentage of any recovery. This reduces upfront cost barriers. Make sure to discuss fee arrangements, costs, and what happens if you do not recover compensation.
No. Liability generally depends on whether the owner knew or should have known about the dangerous condition and failed to take reasonable steps to warn or repair it. Some hazards are open and obvious, which can affect liability, though open-and-obvious is not an automatic defense in every case.
Claims against government entities in Texas require following procedural steps that do not apply to private defendants. You may need to provide written notice of your claim within a short time after the injury and file suit within different time frames. These rules are strict, so consult an attorney quickly if a government property or employee may be involved.
Here are local and state resources that can help you learn more or take next steps:
- State Bar of Texas for information on finding and hiring a licensed attorney and for consumer guides about personal injury law.
- Hidalgo County District Clerk and County Courts for filing procedures and local court information.
- McAllen Police Department or Hidalgo County Sheriff for obtaining incident or accident reports.
- Texas Department of Insurance for questions about insurance coverage and claims handling.
- Texas judicial opinions and statutes for the legal rules that govern premises liability, including resources at public law libraries.
- Local legal aid organizations for low-cost or pro bono assistance if you qualify.
If you need legal assistance for a premises liability matter in McAllen, consider the following steps:
- Seek medical care immediately and follow all treatment recommendations.
- Report the incident to the property owner or manager and request a copy of any incident report.
- Preserve and document evidence - photos, videos, witness names, clothing, receipts, and medical records.
- Note deadlines - file a claim or take other action well before the two-year statute of limitations expires, and act even sooner if a government entity is involved.
- Contact a local premises liability attorney for a prompt case review. Prepare for an initial consultation by bringing medical records, photos, witness contact information, incident reports, and any correspondence with insurers or the property owner.
- Avoid signing releases or giving recorded statements to insurers without legal advice.
Acting quickly improves the likelihood that key evidence can be preserved and that your rights are protected. An attorney can help evaluate your claim, explain local procedures, and represent your interests in negotiations or court.
