Premises Liability Attorney

Premises Liability Attorney

For the purpose of premises liability laws, any land, building or business open to the public is considered a property. As such, property owners, managers or operators are legally obligated to provide safe and healthy conditions for all visitors or guests. If a guest is injured while on the property of another, they may be eligible to receive compensation if there is reasonable proof of negligence or other form of a wrongful act on behalf of the property owner. Some common forms for injury-causing accidents and conditions for which property owners must be held liable include poorly maintained walkways, wet or slippery floors, stagnant water, falling objects, holes, defective products or equipment on premises, insufficient lighting, inadequate security and hazardous or toxic conditions, among others.

Property owners must also provide warnings, signs or other forms of public notifications if there are possible dangers located on their premises. Property owners are also responsible for the routine maintenance and inspection of their premises for unsafe conditions, and must also comply with numerous regulations and procedures and their documentation. Land owners are not usually responsible for trespassers or visitors who stray onto off-limits areas, but in the event that a child is involved or injured, property possessors may still be held liable for their failure to warn, repair or protect children from harm.

Third Party Premises Liability Premises liability laws have become involved in situations and cases where a person is injured by the negligence of a third-party or individual while on another's premises. Third party premises liability cases typically consist of assaults, battery and other wrongful acts. In some cases, inadequate security or dram shop liability laws will hold property owners equally responsible for the injuries of victims. These cases can be extremely difficult to handle because they regularly involve dense and complicated areas of liability laws and because such legal issues are highly debated. If your injury involves a third party while on the premises of another, legal aid is almost essential when dealing with highly intricate legal realms and determining the extent of negligence for the multiple parties involved.

Tough Litigators Will Fight for You Liability cases vary according to the situation, property involved and the nature of the injury-causing accident. The Ferguson Law Firm, P.C. is well versed with the often complicated premises liability laws and the common tactics and strategies companies, corporations and property owners use to deflect liability allegations. Given the complexity of premises liability cases, having legal assistance when you file a personal injury claim can greatly reduce your risk of being unfairly compensated. By working closely with you, the firm can employ the successful elements a premises liability case by:

  • Collecting necessary facts and information
  • Conducting independent investigations
  • Determining the conditions and risk assessment of properties
  • Evaluating the nature of accident and injury involved
  • Determining the extent of premises owners' negligence

You can be confident that our firm will go above and beyond other firms in our efforts to provide you with the best possible outcome and fair compensation. In the event that a large business entity is involved, we are prepared to handle the trial process as well as the large amount of resources and qualified legal teams companies commonly employ. With more than 40 years of combined experience and compensation in the tens of millions recovered for our clients, we are confident in our abilities and will take your case personally. If you wish to discuss the nature of an injury that you or your loved one suffered due to the negligence of a premises owner or unsafe conditions on another's property, fill out a case evaluation form or contact the firm as soon as possible to begin defending your right to be fairly compensated.

American Railroads and Safety

Railroads have played a long and historically important role in the expansion and construction of America. Although new forms of transportation have replaced some of the need for traveling by railroad, transportation by train remains an inexpensive and convenient alternative that many still use for daily commutes, vacation trips and scenic rides crisscrossing the U.S. Railroads also remain one of the main methods of transporting freight and products throughout the country. One of the most common misconceptions people have is that railroads are safer than other forms of transportation. This couldn't be further from the truth.

The Federal Railroad Administration or FRA, the government agency responsible for enforcing rail safety regulations, reports that approximately 3,000 train accidents occur each year in the US. Many of these accidents injure numerous people and fatality rates near 1,000 people per year. There are many forms of railroad accidents, but some of the most common include train and vehicle collisions at rail crossings, derailments and fires. Some of the causes of train accidents include:

  • Conductor error
  • Mechanical or electrical malfunction
  • Poorly maintained tracks
  • Rail signal failure
  • Automobile driver error

In Texas alone, there are more than 60 railroads and multiple agencies and organizations designed to monitor and enforce rail safety regulations. Despite the efforts, railroad accidents are a routine occurrence and a majority of the accidents involve rail and roadway intersections. Be they passenger trains or freight cars, train accidents have a high potential for causing severe and catastrophic injuries and in many cases, these accidents could have been avoided.

Texas Train Safety Agencies The Texas Department of Transportation participates in the FRA's Rail State Safety Participation program under 49 CFR Part 212 to protect public safety and prevent train accidents. Other rail safety agencies in Texas include the Safety Oversight Agency, The Rail Division and the National Transportation Safety Board. Unfortunately train accidents still regularly occur, and if you have been involved in a railroad accident, you may be eligible to receive compensation by filing a personal injury claim.

Texas law also mandates roadway regulations for driver conduct relating to train crossings. Drivers must always yield to the right of way of rail cars and motor vehicles are prohibited from crossing rail intersections if a train is visible. It is also a traffic violation to avoid crossing gates. As with all traffic violations, these train and vehicle regulations are strictly enforced, but the possibility for error or negligence still remains. For example, overgrown vegetation can obscure signs and signals or gates could malfunction. When this is the case, it is best to have an attorney investigate the specific crossing to see if any rail safety regulations have been violated.

Due to the number of enforcement agencies, you can expect a thorough and exhaustive investigation of your train related accident. These regulatory bodies will do everything in their power to shift blame away from conductors and poor maintenance procedures, especially in cases involving auto accidents. It is highly recommended that you have a competent and experienced personal injury attorney assist you in your claim process. Having legal assistance can help you decipher the intricate and often complicated regulations involved in train safety guidelines and can greatly reduce your risk of being undercompensated.

Working with the Firm The Ferguson Law Firm, P.C. can be of great benefit to your claim process. We have more than 40 years of combined experience and have recovered compensation for our clients in the tens of millions. If your accident was caused by the negligence of a train conductor or the failure of railroad agencies to maintain rail tracks or road signals, our firm can help determine the extent of negligence as well as who should be held accountable. We take a personal interest in every case and do our best to investigate all aspects of your accident. If you would like to discuss your case with an attorney from our firm, fill out an online case evaluation or contact the firm today.