The Bullock Texas State History Museum is a great destination for both locals and tourists. You can get an immersive experience of all the rich history that the state of Texas has to offer. However, an injury during your visit could put a serious damper on your trip. Keep reading below to learn more about your legal options if you are injured while visiting the museum.
Premises Liability Claim Options
Generally, you can pursue compensation for your injuries through a premises liability claim when you are injured on someone else’s property. These claims exist when the property owner’s negligence is the cause of your injuries.
To prove negligence, you must show:
- A duty of care
- Breach of duty
- Causation
- Damages
Property owners have a legal duty to maintain the premises in a reasonably safe condition.
In Texas, a victim who is injured on someone else’s property must show:
- A dangerous condition existed on the property
- The owner knew or should have known about the condition
- The owner failed to repair or warn about the danger
- Your injuries were a direct result of that failure
Things can get a little more complex when your injury happens at the Bullock Texas State History Museum. This is because the museum is owned by the state. Claims against government entities can be much more challenging than typical personal injury claims, but you might also be able to seek damages under the Texas Tort Claims Act.
Seeking Compensation Under the Texas Tort Claims Act
The Texas Tort Claims Act permits an individual to sue a government entity for damages under certain limited circumstances. Personal injuries resulting from unsafe conditions at a museum are likely to fall within the scope of this rule, so you potentially could bring a lawsuit for your damages under this law.
You should know that filing a claim under the Texas Tort Claims Act requires following strict procedural rules. First, there are strict notice requirements. This means that you must first provide notice to the government entity before filing a lawsuit.
This notice must include:
- The date, time, and location of your accident
- The specific injuries you suffered
- The incident that led to your injuries
- The names of all injured parties
- A description of your damages
This notice must be filed no later than 180 days from the date of your accident.
The governmental entity may attempt to resolve your claim without going to court. However, once their time to respond has expired, you are then allowed to file your lawsuit for damages. It is important to remember that the standard two-year statute of limitations for personal injury claims usually also applies to these cases.
Damages Available to Injured Victims
Victims who pursue a claim for their injuries may be able to recover both economic and non-economic damages. This means that an injured victim is typically entitled to compensation for both their monetary losses and their pain and suffering.
Some common damages available to victims of premises liability accidents are:
- Medical bills
- Lost wages and benefits
- Out-of-pocket expenses
- Pain and suffering
- Mental anguish
- Depression
- Reduced quality of life
The specific damages in your case will depend on the severity of your injuries and how your daily life has been affected.
Contact Our Austin Premises Liability Lawyers at McMinn Personal Injury Lawyers for a Free Consultation
Filing a personal injury claim and getting compensation from a government entity is never easy. You may need the help of an experienced personal injury lawyer on your side who knows how to navigate the legal challenges of these situations.
One of our Austin premises liability lawyers is ready to go to work for you. Let us investigate your accident and help you hold the responsible party accountable for all of your losses. If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX, and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
