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Premises Liability

Injury Trial Attorney in Beaumont, Texas


As an injury lawyer, I find there is a great deal of misunderstanding about the law of premises liability. When a person slips or trips and falls on the property of a business, or a private residence, is there a right to file suit and collect damages? Many people believe these are easy cases to win, when they actually are very difficult. It is very important that you hire a local Beaumont, Texas Board Certified Injury Trial Lawyer who has experience handling premises liability cases.

You need an injury lawyer like Jonathan C. Juhan, who has successfully handled premises liability cases against refineries, stores and businesses. You need a local lawyer who knows the local insurance adjusters, local courts and local attorneys, so that he or she can maximize your recovery in the Beaumont, Texas area.

Jonathan Juhan has been successfully handling premise liability cases for 14 years. He will personally talk with you or your loved one about your case. You need to know all you can about premises liability cases. These include events where someone is injured due to the condition of another person's property.
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Premises liability cases are difficult to prove. To win, the injury lawyer must prove:

1. The owner or occupier of the premises knew or should have known of a dangerous condition on his property
2. The owner or occupier was negligent in failing to remove the condition
3. That negligence probably caused the injured person's injuries or damages

Negligence occurs when a premises owner or occupier fails to exercise ordinary care for the safety of others. Unless the owner or occupier knows of the existence of a dangerous condition, he cannot be held responsible for it being present. The one exception is where it can be proven that he should have known of the condition. It is often impossible to prove how long a dangerous condition (such as a spill in a grocery store) was present, or that any employee of the store knew about the spill. As a result, many premises liability cases are lost. This is often difficult for people to accept, in light of their expectations about safety and the responsibility of business owners.
In a personal injury lawsuit, a jury can find the injured person was also negligent. In premises liability cases, it is often difficult to overcome the argument that a person is responsible for looking where he or she is walking. Many insurance companies are successful in limiting or denying an injured person's recovery on this basis. In Texas, if the plaintiff and defendant are both negligent, the jury fines a percentage of fault for each party. If a plaintiff is more than 50% at fault, he cannot recover any damages. A finding of 50% fault or less on the part of a plaintiff will reduce the plaintiff's recovery.
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Punitive damages can be sought if the Defendant acted with "malice," which means the Defendant either (1) intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious indifference to that risk. Malice is very difficult to prove, and many punitive damage awards are reversed by courts of appeal.
Litigation requires a significant investment of time and money. An injury lawyer may spend several thousand dollars preparing a case for trial. Because these cases are expensive, and often difficult to win, many premises liability cases are not prosecuted in Beaumont, Texas and around the country.
Texas has a two (2) year statute of limitations in tort actions. All suits not filed by two (2) years from your date of injury (usually, the date of the injury) are barred forever. Texas law also requires written notice of a claim must be given to governmental units, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors. However, these rules are extremely complex, and most of the deadlines are strictly construed. Should you wish to pursue a premises liability case, you should discuss these deadlines with Jonathan Juhan in Beaumont, Texas as soon as possible.
Jonathan Juhan only handles these types of cases on a pure contingent fee basis. The attorney's fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are ever charged or collected unless your case is won or settled.
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