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Texas Personal Injury News

Tuesday, May 10, 2016

Premise Liability in the Neighborhood

Can I sue my neighbor for premise liability if I fall on their property?

Many individuals know that if they were injured at the grocery store, or have an accident at any other place of business, it is possible to file a personal injury lawsuit. But what happens if you are injured in a  slip and fall when you are visiting a neighbor? If a property owner was negligent in keeping the property safe, you may be able to pursue a premise liability lawsuit.

Grounds for a Premise Liability Lawsuit

Premise liability claims arise from a variety of accidents such as tripping on ripped carpeting, falling on broken stairs, slipping on ice or snow, or tripping over a cracked sidewalk, among others. If you are invited onto a neighbor's property, you have the right to expect a safe environment. If there is damage on the property or if it has been poorly maintained, and you suffer an injury, you may have grounds for a premise liability claim. Whether a property owner is aware of an unsafe condition and fails to repair it, or was not aware but should have been, he or she may still held liable for you injury.

There are other factors, however, that may have contributed to your injury. If you were careless and caused your own accident, the homeowner will not be liable. For example, if you spilled water on the floor and didn't  wipe it up, you do not have grounds for a premise liability lawsuit.

Settling a Claim

If your neighbor is responsible for the injury and acknowledges this, it may be possible to negotiate a settlement without going to court. Moreover, many premise liability claims will be covered by homeowner's insurance. While the insurance company may offer to settle the claim, many carriers prefer not to pay these types of claims and will look for ways to minimize any damages to which you may be entitled.

For this reason, you are well advised to engage the services of an experience personal injury attorney who can help you obtain the compensation that you deserve. If a settlement cannot be reached, it may be necessary to file a premise liability lawsuit against the property owner.


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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
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