FAQ: What if the property owner claims that the risk should have been obvious?
A common defense in premises liability claims is that the hazardous condition was open and obvious, therefore the individual should have known they would be injured if they saw it. Just because a hazardous condition is obvious, does not mean it is acceptable. Again, the duty owed by the property owner, even with open and
Read MoreFAQ: For purposes of seeking just compensation, does it matter where I fell?
The short answer is yes, it does matter. Falling at a business is different from falling at a friend’s house. Why? – Depending on where you fall, different insurance coverages and policies will apply. For example, a business may carry a higher insurance policy than a homeowner. This does not mean you can get all
Read MoreFAQ: Are you liable if a child gets hurt on your property?
Like all personal injury cases, it depends on the facts and circumstances surrounding the injury. Anytime your child or someone else’s child is hurt, the child’s parents should contact a personal injury lawyer to investigate the facts and determine what claims and what damages can be sought. If a child is hurt on someone’s property,
Read MoreFAQ: What Is The Difference Between Premises Liability And General Liability?
Premises Liability vs. General Liability In 2021, there were 533 fatal occupational injuries in Texas, 64 more than 2020. About 36 million older Americans suffer fall accidents in the U.S. each year, and many of these are premisess liability or general liability cases. But what is the difference between premises liability and general liability? Premises liability
Read MoreFAQ: How do you prove a premises liability claim?
If you were injured on someone’s property, you should contact a personal injury lawyer in Austin to discuss your case. The personal injury lawyers at Funk & Associates will discuss your case with you and identify the legal claims you may present to recover. In order to prove a premises liability claim, you will typically
Read MoreFAQ: If I am assaulted or robbed outside of an ATM, can the bank be held responsible?
Usually not, but there are certain situations where they would be. There is no clear cut answer to this question. The facts and circumstances will vary from case to case, so if you have been injured due to a robbery outside an ATM, you should contact the personal injury lawyers at Funk & Associates today.
Read MoreFAQ: What constitutes “hazardous conditions”?
A hazardous condition can be anything potentially dangerous or harmful to an individual. This could constitute any number of things including slippery floors, uneven floors, torn carpets, etc. Most property owners have a duty to keep the premises reasonably safe for people, including warning them of hazardous or potentially dangerous conditions on the premises. It
Read MoreFAQ: 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
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