FAQ: How long does a hazard need to be present for a property owner to be found liable for injuries caused by that hazard?
There is no set amount of time that a hazardous condition must be present before an injury occurs. It is more a question of reasonableness and notice of that hazard to the property owner. Was the incident reasonably foreseeable? Did the property owner have actual or constructive notice of the hazardous condition before hand? These
Read MoreFAQ: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?
You can always sue the city, the question is should you? It depends, on the facts of the incident and the damages you have suffered. Claims against the city are different than claims against individuals. There are prerequisites to suing the city, including putting them on notice, among others. In addition, damages may be capped
Read MoreFAQ: If someone falls and hurts herself on a hotel’s premises, does she have any recourse against the hotel?
Maybe. It depends on the facts and circumstances surrounding the fall. Was there a hazardous condition present? Did the hotel know about the defect? Does the business have insurance or assets to recover from? What type of injury occurred? All of these questions and more would need to be answered first. If you have been
Read MoreFAQ: If I am visiting a friend’s house, and am attacked by their dog, can I pursue a claim?
Yes, you can pursue a claim. This is typically done through their homeowners or renters insurance. While it sounds easy, these claims are difficult and have several legal issues to investigate. Home owners and renters insurance policies generally exclude certain types of dogs, and sometimes, attacks in general. The insurance companies are in the business
Read MoreFAQ: What if I am hurt on someone else’s property?
If you are hurt on someone else’s property, you should contact an Austin personal injury lawyer. A personal injury attorney can identify what causes of action and what claims you may have. The lawyer can also identify the classification of visitor you were on the property and what duties were owed to you as a
Read MoreFAQ: If someone gets hurt while working on your property, are you liable?
Maybe. It depends on what they were doing at the time. As an invitee, someone on your property for mutual benefit is owed a great duty of care. This means you not only have to warn or make the property safe for them, you also have a heightened duty to inspect and can even be
Read MoreFAQ: If someone is injured on your property, are you liable?
Possibly, it depends. First you would have to determine what their status was as a visitor on your property. The visitors status will determine what duties you owed them while they were on the property, and can help determine if you have liability or not as the property owner. Typically, invitee visitors are owed the
Read MoreFAQ: What does “premises injury” mean?
“Premises injury” is typically a term that describes an injury which occurs on someone else’s property. This could be an injury at a business, a friend’s house or any other place that you are visiting or invited into. Premises liability claims are very complex, so if you are injured on someone else’s property, call Funk
Read MoreFAQ: Do I have a claim if I may have been partly to blame for my motorcycle accident?
Maybe. Texas is a modified comparative negligence state. That means that as long as you are not more than 50% at fault, you may have a case for any injuries you have suffered as a result of a car accident. To determine who is at fault, and how much responsibility each side has, you need
Read MoreFAQ: If a driver forces me off the road, do I have a case?
There are three main things that make up a personal injury case. Number 1: you are not at fault. Number 2: You suffered an injury. And Number 3: there is some form of insurance to go after to recover your damages. The third factor is the key here. If someone forces you off the road
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