Premises that are not properly maintained or controlled by property owners in Texas can contain many serious injury risks. In the worst-case scenarios, defective property conditions can result in catastrophic and fatal accidents. Surviving loved ones have the right to pursue wrongful death claims with a San Antonio wrongful death attorney in this situation under Texas law.
Property Owner Responsibilities in Texas
Premises liability law in Texas imposes a legal duty of care on property owners to maintain reasonably safe conditions for lawful visitors. Under this law, property owners and landlords must practice due diligence in terms of ensuring a premises is free from injury risks.
Breaching the duty of care imposed on property owners could result in dangerous and deadly accidents, such as:
- A catastrophic fall from a height, into a trench or down a staircase.
- Structural collapses from building code violations or poor maintenance.
- Drowning incidents from a swimming area that was not properly secured.
- A fatal dog attack from a dangerous dog being harbored on the property.
- A deadly construction accident from an unsafe or unsecured work zone.
- A fatal criminal attack due to negligent security.
If someone is killed while on another person’s property in Texas, state law permits grieving family members to file a wrongful death claim. This is true whether the fatal incident occurred at a restaurant or store, in a parking lot, at an amusement park, a hotel or rental property, in the workplace, or at a private residence. It’s important to seek guidance from a premises liability lawyer in San Antonio first thing.
When seeking justice for a fatal premises liability accident, the claimant (also known as the plaintiff) must meet the required elements for both a wrongful death claim and a premises liability case.
The basic elements required for a premises liability case are:
- The defendant (accused party) owned or controlled the land where the fatal incident took place.
- The property in question contained a dangerous condition or defect.
- The defendant knew or reasonably should have known about the hazard.
- The defendant negligently did not remedy the hazard in a timely manner.
In addition, under the Texas wrongful death statute (Texas Civil Practice and Remedies Code § 71.002), the plaintiff must show that the defendant’s negligence resulted in the death of the deceased person.
Texas Laws for Filing a Wrongful Death Claim
A wrongful death case of any type must be filed no later than two years from the date of the deceased person’s death under Texas Civil Practice and Remedies Code § 16.003, with a few exceptions for special circumstances.
In the first three months after the death, the victim’s surviving spouse, children and parents are given exclusive right to file. After the first three months, the executor or administrator of the deceased person’s estate can file, as well.
Why You Should Contact a Texas Wrongful Death Lawyer
Losing a loved one in an accident caused by dangerous property conditions can give your family the right to pursue justice and financial compensation. However, navigating both premises liability and wrongful death laws can be difficult. You have the right to hire a injury attorney in San Antonio for assistance.
An attorney can investigate, determine the cause of your loved one’s death and gather evidence against a property owner to support a claim on your family’s behalf. You can trust your lawyer to fight for the best possible case results in and out of the courtroom. If you would like a free case review in Texas, contact Hill Law Firm Accident & Injury Lawyers.