In Texas, survivors of a person who dies due to negligence can bring in a wrongful death claim. When it comes to premises liability, the cases are not very easy to resolve because of legal complexities. You need the services of a good law firm to determine the liability of the owner of the premises.
Spouses, parents, and children can file a claim under Texas law if a loved one dies due to the carelessness, negligence, or recklessness of the owner or occupier of a premise.
When you prove negligence, it may allow you to collect funeral expenses, loss of inheritance, damages for mental pain, loss of the financial contributions by the deceased, and loss of support.
The Texas Survival Statute states that the heirs of the deceased can file a negligence claim, which the decedent would’ve filed if he or she had lived.
What this means is that you can file a personal injury claim for compensation related to medical costs, physical trauma, and mental torture for the period between the accident and demise. However, you won’t have a right to the deceased’s loss of future income.
To prove negligence entails proving that the accused owner or occupier failed to fulfill his legal duties to another person. Texas premises liability law states that property owners and occupiers have a duty of care towards licensees and invitees on their property. This means that the property owners must repair premises to eliminate risks of injuries. A licensee is an individual who has permission to be on a property for personal benefit or the benefit of a third party. An invitee is a person who is on the premises for his and the owner’s benefit.
A skilled lawyer will first try to understand if there were circumstances under which the premise owner/occupier might not be held liable for a fatality.
If a family member has trespassed then the owner/occupier, under Texas law, cannot usually be held liable for the death. If a person ventures upon a property without the owner’s implicit or explicit permission. In such cases, the landowners cannot be held guilty for incidents that occur because of hidden defects. However, they still must refrain from harming the trespasser. An experienced law firm can help you determine if your loved one was trespassing at the time of the incident.
If the death happens due to an open and obvious condition, then the landowner cannot be held liable for it because the law presumes that an adult should be able to recognize the danger posed by such a condition and avoid it.
The Texas modified comparative negligence rule states that an owner or occupier owes no compensation if the victim’s responsibility in such events is 51% or higher.
Premises wrongful death lawyers at the Alex R. Hernandez Jr. have the experience and skill to pursue justice on your behalf. Our lawyers understand the intricacies of premise liability law and wrongful death laws. We can assess your options and advise you to the best course of action.
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921 N. Chaparral Suite 100 Corpus Christi, Texas 78401Phone: 361-792-3811