Is a business liable for an accident on their property but not on the sidewalk pathway

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Is a business liable for an accident on their property but not on the sidewalk pathway

I tripped and fell over a junction box for lighting with
broke off with wires exposed I tripped over it and cut
my leg it was right by the swimming pool they’re saying
they’re not responsible for my medical bill because it
was not on the sidewalk

Asked on November 16, 2017 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The business is liable for your injury because you were injured on its premises.  It is irrelevant where on the premises this occurred.
Prior to filing a lawsuit against the business based on premises liability, it may be possible to settle the case with its insurance carrier.
Notify the business' insurance carrier (if you are able to obtain that information) in writing that you will be filing a personal injury claim.
After completing your medical treatment and being released by the doctor, obtain your medical bill, medical report, and if applicable, documentation of wage loss.  Your claim filed with the insurance carrier for the business should include those items.
Compensation for the medical bill is straight reimbursement.  The medical report documents your injury and is used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carrier for the business, NO lawsuit is filed.
If you are dissatisfied with settlement offers from that insurance carrier, reject the settlement offers and file a lawsuit against the business based on premises liability.
If the case is NOT settled, your lawsuit against the business based on premises liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If you are unable to obtain the insurance carrier information from the business, then file the lawsuit based on premises liability against the business.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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