When you go to a public event, you expect to have a good time and be safe. If something goes wrong and you’re hurt because of another person’s negligence, it can initially be confusing to work out who is responsible and how to hold them accountable. A Bryan, TX personal injury lawyer can help you work out this complicated type of personal injury case.
From Your Bryan, TX Personal Injury Lawyer: How to Get Justice After an Injury at a Public Event
Let’s begin by outlining the basics of personal injury law in Texas and then get into the types of claims you may encounter when seeking legal recourse after being injured at a public event.
Texas Personal Injury Law Basics
In Texas, personal injury cases depend on something called “negligence.” You must prove that someone else was negligent in order to recover damages from them. To prove someone was negligent, you must establish four things.
First, the responsible party (the person or entity you are accusing of negligence) owed you a duty of care; i.e., they had a responsibility to act in a way that would not cause you harm. Second, this responsible party acted in a way that breached their duty of care. Third, this breach in their duty of care was the direct cause of your injuries. Finally, you suffered damages (financial, physical, etc.) as a result of your injuries.
Types of Injuries
Injuries sustained at public events can be wide-ranging in both type and severity. For instance, you might suffer a slip and fall due to spills or uneven surfaces, or become injured in a crowd stampede or surge. Additionally, defective equipment at amusement parks or carnivals, assault by other attendees, food poisoning from event vendors, or injuries caused by negligent security can all occur in the context of public events.
Potential Liable Parties
Owner of Property
The owner of the property or venue where the event was held may bear responsibility for injuries occurring due to unsafe conditions on the premises.
Organizing Company
The company or group organizing the event may be liable if they failed to take reasonable measures to ensure the safety of attendees.
Other Organizers or Contributors
Other potentially liable parties might include food vendors, ride operators, and other third-parties brought in for the event, especially if those parties’ actions or products were unsafe.
Other Visitors
Finally, your injuries may be the direct result of another event attendee, especially in situations of assault or violence. In this case, they would be liable, though there are limited situations in which an organizer or contributor might also be liable. If, for example, the event organizers failed to properly check IDs or offer reasonable security and a dangerous person got it, they might be partially responsible. Talk to your Bryan, TX personal injury lawyer about who might be liable in your case.
Premises Liability
Property owners and event organizers have a legal obligation to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. This responsibility means they must do everything from properly maintaining walkways and floors to preventing slip and fall accidents, implementing crowd control measures to reduce the risk of stampedes or surges, and inspecting and maintaining equipment like rides, temporary stages, or inflatables.
Additionally, providing adequate security to prevent foreseeable acts of violence or assault and ensuring food vendors follow all the proper hygiene and food safety standards are key aspects of premises liability for event organizers. If an injury occurs due to a breach of premises liability, the property owner or event organizer may be held accountable for damages.
Common Challenges in Public Event Injury Claims
Events often involve multiple parties, like property owners, event planners, security firms, vendors, and so on, and this can complicate efforts to determine who is ultimately responsible for a particular hazard or the actions of negligent attendees.
Furthermore, attendees of events like concerts or sporting matches are often deemed to have assumed some level of risk by knowingly entering a potentially crowded or chaotic environment, making it harder to prove negligence on the part of organizers. Finally, large-scale events can result in numerous injuries, potentially overwhelming insurers and slowing down settlement or litigation processes.
What Should You Do If Injured at a Public Event?
If you’ve suffered an injury at a public event, several steps are important to protect your rights. First, prioritize your health and seek immediate medical treatment even if your injuries initially seem minor. Document the incident carefully by taking photos of the scene of the accident and any visible injuries, if that is possible and safe to do at the time, and try to collect contact information from potential witnesses.
Promptly notify event staff or security about the incident to create an official record, as well. Finally, consult an experienced Texas personal injury attorney as soon as possible to protect all your legal options and ensure your best interests are protected throughout the process. An experienced personal injury attorney will help you in several ways. First, they will help you with the difficult task of properly identify all potentially liable parties, even when it might not be immediately obvious who to hold accountable. An attorney can investigate the circumstances of your injury, gather evidence, and build a strong case on your behalf against the right party or parties.
Furthermore, your attorney can negotiate with insurance companies and represent you in court if necessary. Insurance companies representing event organizers or property owners will prioritize protecting their bottom line, especially if more than one person was injured. An attorney ensures your rights are protected and helps you fight for the maximum compensation you deserve. This may include compensation for medical expenses, lost wages, pain and suffering, and ongoing costs for continued care or rehabilitation.
Contingency Fee Arrangements
Most personal injury attorneys in Texas work on a contingency fee basis. This simply means they don’t charge you anything upfront and their fees are a percentage of any settlement or award you receive. This arrangement makes it possible to pursue legal action without incurring up-front costs, which can help with financial stress that often comes immediately after a serious injury.
Don’t Forget the Statute of Limitations
Texas law places a time limit, called the statute of limitations, on personal injury claims. Generally, you have two years from the date of the injury to file a lawsuit. Consulting with an attorney promptly helps ensure you don’t miss any critical deadlines and potentially lose your right to seek compensation.
Being injured at a public event can be both physically and emotionally traumatic, and it’s not uncommon for victims to feel confused and defeated to the point where they are ready to give up trying to get proper compensation. Understanding your legal options and knowing the steps to take afterwards will allow you to fight for your rights and get the compensation you need to recover: and it all starts with having a good lawyer.
If you’ve been hurt at a public event, seeking prompt medical attention is your first priority, but consulting with a qualified Texas personal injury attorney should be your next step. Contact Brian Gutierrez, Personal Injury Trial Lawyer
right away for a free consultation to find out more about your options.
