Tyler Slip & Fall Attorneys | Tyler Trip & Fall Attorneys | Tyler Trip & Fall Accident Attorney
Tyler Premise Liability Lawyer
Tyler slip and fall lawyers, Tyler premises liability lawyers, and other Smith County premises liability lawyers serve clients in all types of injury and accident cases across the Tyler area. These accidents can result from a variety of causes and conditions and a variety of factors will be involved in determining whether you are entitled to monetary recovery under the law.
What is Premises Liability and how can a Tyler slip & fall accident affect you?
In layman’s terms, a “slip and fall” or “trip and fall” injury refers to an accident that results in personal injury on the property of another, usually due to some negligent maintenance or construction of the property or structures thereon. However, in a legal sense, these types of injuries fall under a broad body of law known as Premises Liability. Other common types of premises liability cases involve accidents such as falling merchandise not adequately secured by a store owner, or a dangerous condition on land, left open to children or to the public without an adequate warning. These types of accidents occur due to the negligence of Tyler landowners, store owners, construction sites and businesses across Smith County, Texas. If you have been injured in a Tyler Slip & Fall accident, contact an experienced Texas premises liability lawyer today.
Why Should You Obtain a Tyler Slip & Fall Attorney?
Tyler personal injury lawyers cover slip and fall litigation because cases in this area center on the issue of negligence. A well-qualified Tyler or Smith County premises liability lawyer will be experienced with this difficult area of law and know how best to navigate the legal system to your advantage.
How Long Do You Have To Contact a Tyler Slip & Fall Attorney?
In Texas, a “Statute of Limitations” sets the deadline for filing personal injury actions, such as premises liability claims, at two (2) years. Thus, you must either settle your claim or have a lawsuit filed in a Smith County District Court within two years from the date you were injured or your claim will be time barred.
Tyler Premises Liability Law — The Basics
When you or a family member slips and falls on someone else’s land and sustains a personal injury, they may be entitled to monetary compensation if a dangerous or preventable condition is to blame. If you or a loved one has been injured due to a slip and fall accident or another accident caused by a dangerous condition, a Tyler premises liability attorney can help you get the compensation you deserve.
As noted, premises liability actions are based in negligence, or legal fault. The injury must be “caused” by a “condition” upon the land (or building located upon the land) at issue. To be liable for negligence under Texas law, there must be:
- A special duty of care existing between the injured party and the negligent party;
- A breach of that duty; and
- The negligence must be the “proximate cause,” or legal cause, of the victim’s injuries and damages.
One recent change in Texas Premise Liability law can be found in the adoption of Chapter 95 of Texas Civil Practice & Remedies Code, which completely protects a property owner from an injured party’s claims, if the claims is based upon the negligence of a contractor or sub-contractor, unless the owner:
- Exercised control over the manner in which the Contractor's work is performed;
- Had actual knowledge of the dangerous condition resulting in the personal injury, death, or property damage; and
- The property owner failed to give an adequate warning.
- 95.001. Definitions;
- 95.002. Applicability;
- 95.003. Liability for Acts of Independent Contractors; and
- 95.004. Evidence Admissible
This is a very tough burden of proof to carry and it is nearly impossible for an average Tyler citizen to be successful without the competent and aggressive representation of a Tyler Premises Liability Lawyer who knows the ins-and-outs of Texas' premises liability law as well as the various Tyler and Smith County Courts.
Criminal Acts of Rape, Assault and Murder — Is the Land Owner or Occupier Liable?
When the injury is the intentional act of a third party that injures a Tyler resident on areas such as apartment properties, mall parking lots, drive-thru lanes at fast food restaurants, ATM machines, or the like. Unfortunately, intentional acts such as these occur in Tyler and Smith County, Texas more often than many of us realize. In these cases, the legal issue turns upon whether the action that gave rise to the victim’s injury was foreseeable and whether reasonable steps could have been taken to prevent such activity on their property. Essentially, the relevant question is whether the Tyler property owner could have done anything to make the area more safe that might have prevented the crime from occurring in the first place.
Smith County accident lawyers often need to research the criminal complaints or calls made to the Tyler Police Department regarding the particular piece of property at issue. Also, there may have been a number of “property crimes” in an area, such as car break-ins, but no violent crime calls. Thus, if someone is raped or beaten for the first time in an area, it may be hard to hold the defendant-property owner liable despite the calls made to the police regarding car break-ins. A qualified Tyler premises rape attorney, however, will work hard to make the necessarily legal arguments on your behalf and get you the settlement you deserve.
Tyler Premises Liability Trial Lawyers Practice in Smith County Courts
Tyler injury lawyers are experienced in handling slip & fall premises liability cases in both federal and state courts across the Tyler area. Just a few of the many courts in which Tyler injury lawyers typically try cases are:
Smith County 114th District Court
Smith County 241st District Court
Smith County 7th District Court
Smith County 321st District Court
The Smith County Civil District Courts for Tyler are located at 300 Oak Street, Tyler, TX 79602
Hospitals in the Tyler Area
Mother Frances Hospital
East Texas Medical Center
ETMC Rehabilitation Center Tyler
East Texas Specialty Hospital
Trinity Mother Frances Rehabilitation Hospital
Texas Spine & Joint Hospital, LTD.
Tyler Emergency Services Contact Information
Tyler EMS or Tyler Fire Department
1718 W. Houston
Tyler, TX 75702
Slip & Fall Accident Lawyers in Tyler Serve:
Clients throughout Eastern Texas, including Arp, Ben Wheeler, Brownsboro, Bullard, Carroll, Chandler, Douglas, Edom, Flint, Ganado, Garden Valley, Grand Saline, Hawkins, Henderson, Hideaway, Jacksonville, Kilgore, Leagueville, Lindale, Longview, Mineola, Moore Station, Mt. Sylvan, Murchison, New Chapel Hill, Noonday, Overton, Selman City, Sinclair City, Swan, Troup, Whitehouse, Winona, Wright City and other communities in Smith County.