In Texas, if you’ve lost a loved one due to someone else’s negligence, you might be able to seek justice through a wrongful death or survival claim. However, if this happened because of an unsafe property, navigating the claim can feel overwhelming. Understanding premises liability — figuring out if a property owner or user didn’t do their part to keep your loved one safe — involves piecing together many things.
At Johnson Garcia, our experienced wrongful death attorneys are dedicated to fighting for the rights of those who have lost loved ones in accidents that should have been prevented.
Our team of Houston wrongful death premise liability lawyers understand the complexities of premises liability law and are committed to holding property owners accountable for their failure to ensure a safe environment. With compassion and determination, we work tirelessly to secure the justice and compensation our clients deserve, helping them navigate through their most challenging times.
Call us today at 832-844-6700 for a free case evaluation with an experienced Houston work injury lawyer.
Premises liability wrongful death accidents arise from a property owner or occupier’s failure to ensure their premises are safe for those who enter, leading to tragic outcomes. These accidents can occur across various settings, from commercial properties like shopping malls and restaurants to residential areas, including apartment buildings and private homes. Understanding the common causes, the injuries that result from these accidents, and the damages families can recover is crucial for those affected.
The tragic outcomes of premises liability cases often stem from a range of severe injuries. Depending on the accident’s specifics, these injuries can dramatically differ, each with its own devastating impact. Below are some of the most common injuries that, unfortunately, can lead to wrongful death:
The range of injuries leading to wrongful death in premises liability cases paints a grim picture of what can happen when property safety is neglected. From the irreversible damage of brain injuries to the acute dangers of drowning, suffocation, or exposure to hazardous materials, each case bears witness to the critical need for comprehensive safety protocols.
For families navigating the aftermath of such tragedies, understanding these injuries is a step toward seeking justice for their loved ones. The support of a skilled attorney can make a significant difference in the journey toward justice and financial stability.
For families who have lost a loved one due to a premises liability wrongful death, the legal system provides a mechanism to recover damages. These compensations are intended to provide financial relief for both the economic and non-economic losses suffered due to the tragic event.
Navigating a premises liability wrongful death claim requires a thorough understanding of the legal landscape, the specifics of the incident, and the impact on the victim’s family. It is a complex process that involves gathering evidence, proving negligence, and quantifying damages.
Our team of Houston wrongful death legal professionals at Johnson Garcia are here to guide you through the process, advocate on your behalf, and help secure the compensation you deserve.
If your loved one has tragically passed away due to an accident on someone else’s property, you might have the right to file the legal claim they could have pursued if they had survived. Under the Texas Survival Statute, the claim for negligence doesn’t end with the victim’s death. Instead, an heir or a designated representative can take up this claim. This opportunity allows you to seek compensation for the medical expenses, physical suffering, and emotional distress your loved one experienced from the accident until their passing. However, it’s important to note that claims for the deceased’s potential future earnings are not covered under this statute.
Pursuing a wrongful death or survival claim involves proving that the property owner or occupier’s negligence led to the tragic loss of your loved one. Negligence is essentially the failure to fulfill a legal responsibility to someone else. To establish negligence in these cases, it’s necessary to demonstrate that the owner or occupier owed a duty of care to your loved one and failed to meet this obligation.
In Texas, the law requires property owners and occupiers to maintain a safe environment for both invitees and licensees. Invitees are people allowed on the property for mutual benefit, like shoppers in a store, while licensees are those on the property for their own or someone else’s benefit, such as guests at a party. Property owners and occupiers must ensure their premises are safe, which includes identifying and fixing any hazards.
There are specific situations where a property owner or occupier might not be held responsible for compensating you for the loss of your loved one. These include scenarios where:
Understanding these exemptions is crucial for navigating the complexities of premises liability claims effectively. Being aware of when a property owner or occupier might not be held responsible helps in shaping a strategic approach to your case. This is where Johnson Garcia comes in — our expertise prepares you for the various scenarios that could impact the outcome of your claim. Our team will analyze your case to tailor your legal strategy accordingly, fighting for a just and favorable resolution.
At Johnson Garcia, we bring more than 35 years of collective expertise to the table, specializing in wrongful death premises liability cases. We know how devastating it is to lose someone because of another’s oversight, and our team is here to offer not just legal expertise but genuine empathy and unwavering support. Our commitment to fighting for your rights reaches all the way to the courtroom if that’s what it takes to secure fair compensation and the acknowledgment your loved one’s loss deserves.
Our approach is thorough and compassionate. We’re here to listen, to understand every aspect of your case, and to explain your options clearly. With Johnson Garcia, you gain partners who are as committed to seeking justice as you are. We leverage our extensive experience to challenge those at fault effectively and secure the best possible outcome for you and your family.
If you’re facing the challenges of a wrongful death premises liability claim, don’t navigate this tough time alone. Reach out to Johnson Garcia by phone at 832-844-6700 or contact us online for a free consultation, where we’ll discuss how we can stand up for your loved one’s rights and help you move forward. Together, let’s take the steps towards healing and justice.
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