If you have been hurt on the premises, it is critical to learn how to sue The Galleria for personal injury in Texas. First, make sure you have grounds to file a claim, protect the validity of your claim by taking critical steps, contact an attorney, and file your personal injury claim within the deadline.
Personal injury cases at The Galleria can be complicated. Contacting a Houston premises liability lawyer as soon as possible gives you the best chance of filing a successful claim.
Grounds to File a Personal Injury Lawsuit Against The Galleria in Texas
It’s important to understand how premises liability laws work in Texas if you are considering a suit against The Galleria. Generally, Texas premises liability laws rest on defining the duty of care owed to the visitor and establishing negligence.
Establishing Duty of Care to a Visitor
In Texas, the duty of care owed to a visitor depends on the type of visitor:
- Invitees: People who have been invited to the premises, like shoppers and employees, are owed the highest duty of care. The Galleria owners must maintain a safe environment, warn of any dangers, and regularly inspect the premises for potential hazards.
- Licensees: While licensees have permission to be at The Galleria, they are not owed the same duty of care as a shopper. An example of a licensee may be a salesperson there to pitch a product or a person at the mall using the facilities, but without the intention to shop.
- Trespassers: Unless they are children, trespassers are not typically owed a duty of care. While property owners cannot hurt the trespasser intentionally, they do not have to warn of freshly mopped floors or inspection hazards. If someone breaks into The Galleria after hours and trips on an exposed floorboard, they may not have any recourse to sue.
For most attendees, The Galleria is responsible for preventing any foreseeable harm.
Establishing Negligence for a Premises Liability Claim
Establishing negligence is the backbone of a successful claim. If you have been hurt at The Galleria, it is imperative to establish the following to have grounds for a claim:
- Duty of care: The property owners owed you a duty of care as an invitee or licensee
- Breach of duty: The property owners failed to uphold that duty, either by failing to warn of a hazard or by failing to fix it
- Causation: The breach of duty directly led to your injuries
- Damages: You sustained injuries
An example may be if The Galleria failed to warn of a spill, and you slipped and suffered a fractured wrist. The failure to warn of the hazard is directly responsible for your fall, and you suffered an injury.
Make Sure to Take Critical Steps Immediately After the Accident/How You Can Protect Your Claim at the Scene
Successfully suing The Galleria for a personal injury in Texas depends on several steps that protect your claim:
- Seek medical attention: To establish damages, you must show that you have suffered injuries. Getting medical care immediately ensures your injuries are treated and establishes a record.
- Document the accident: Make sure to take pictures of the accident scene, your injuries, and collect the accident report. Gather witness statements and contact information. Make note of any cameras in the vicinity that your attorney can request. Collect medical records as you go, including follow-up treatments and rehabilitation services.
- File an accident report with The Galleria: Make sure to file an accident report with the shopping center immediately. If your injuries were too severe and you were not able to file a report at the scene, follow up with The Galleria to complete the report as soon as possible.
- Consult a Houston personal injury lawyer: The Galleria in Houston is a huge shopping center that will likely have a team of lawyers looking out for their best interests. You deserve someone to look out for you.
An attorney not only protects your rights, but they also help strengthen your claim by gathering critical evidence, meeting all deadlines for the paperwork, and negotiating on your behalf to ensure a fair settlement.
File Your Personal Injury Claim Against The Galleria Within the Deadline
The timeline for a personal injury lawsuit in Texas is two years. Starting from the date of your injury, you have 24 months to file your personal injury claim, according to the Texas Civil Practice and Remedies Code § 16.003.
Unfortunately, missing the deadline may mean you cannot sue The Galleria for your personal injury. In addition, waiting until the last minute may unintentionally harm your case. Over time, witness memories can fade, and video evidence may no longer exist, leaving you only an accident report and your medical records to support your case.
Waiting too long to file can weaken your case, forcing you to settle for less than your case is worth. Staying on top of the paperwork and rigorously collecting evidence from the start is the best way to prepare a strong personal injury claim against The Galleria.
What is the Filing Process for Suing The Galleria for a Personal Injury?
To file a successful lawsuit against The Galleria in Texas for your injury, consult an experienced personal injury law firm in Houston. They can walk you through the process of filing a claim:
- Conduct a thorough investigation: Your attorney can gather evidence that you may not be able to get on your own, like surveillance footage of your incident. In addition, witnesses may be more thorough with their testimony when talking to your lawyer.
- Send demand letters to The Galleria’s insurance company: Your attorney can submit a detailed demand letter that includes a statement of your injuries, how they were negligent, and what compensation you are seeking. This letter opens negotiations.
- File a petition in court: If The Galleria does not offer a fair settlement or denies responsibility for your accident, your lawyer can file a lawsuit with the court. This petition details the facts of the case and what damages you are seeking.
- Serve the defendant: Your attorney will make sure The Galleria is properly served with the legal documents and will wait for their response.
- Discovery phase: After The Galleria is given notice of the lawsuit and has responded, the discovery phase exchanges evidence through depositions and documents.
- Proceed to trial, if necessary: Though most premises liability cases are settled out of court, if The Galleria fights the lawsuit and refuses to offer fair compensation, your attorney will present your case at trial.
Every personal injury claim is unique. It is important to discuss the details of your case with an experienced attorney. We can help you evaluate the true worth of your claim, any potential challenges that could hurt your claim, and fight to protect your best interests throughout the process.
Reach Out to Lowe Law to Protect Your Rights Today
When you suffer a serious injury at The Galleria, it can completely disrupt your life. Thankfully, Texas law allows you to hold the negligent parties accountable by pursuing an injury claim.
To sue The Galleria for a personal injury in Texas, contact Lowe Law today. We have years of experience helping local Texans recover the compensation they deserve.