What is Premise Liability and Do I Need a Lawyer?
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Premises Liability Law for Houston
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The Maida law firm is an award winning personal injury and local attorney with decades of experience. If you or someone you know has been injured because of an irresponsible owner, take action now and contact a local liability lawyer for a free consultation. Sam Maida Jr. and his associates is a law firm in local liability cases in a larger area of ??Houston and Texas. The premises and case liability lawyers cover a variety of case types, including, but not limited to, the following:
- Drag and drop case
- Careless water, ice and snow removal
- Careless security
- Elevator accidents
- Hotel negligence
- Falling goods
- Negligent building design, repair or construction
- Basis of the lawyer’s liability: The lawyer’s contract
There is a contractual relationship between you and the lawyer appointed by you. This will regularly represent a service contract. In general, especially when a lawsuit is in the room. In individual cases, it can also be a contract for work. Since the lawyer must safeguard the financial interests of his client, this contract is also referred to as a service contract, which has business dealings. The distinction between service contract and contract for work is quite relevant, since in a contract for work, the lawyer for a certain success must occur. For example, in the preparation of a legal opinion, the lawyer owes a final assessment. As long as he did not finish this, he also has no claim with regard to the wages owed. In principle, it is not a direct form of traditional legal liability, but the assertion of the contractually owed primary claim. However, in addition to the consequence that the attorney is not entitled to the agreed wages, this may result in the additional costs being reimbursed by the appointment of another attorney to be replaced by the original attorney.
The lawyer contract is also oral. The signing of a power of attorney, which is itself only one aspect of the lawyer’s contract and is intended to be carried out, is not required. Nevertheless, it is up to the parties to record some important aspects in writing. This is worthwhile especially when the mandate is more economically important.
The lawyer contract can be terminated at any time according to § 627 BGB from both sides. The termination has the consequence that the contractually agreed main performance obligations are no longer owed. Separate from this is the question of what remuneration is still owed. However, the lawyer may not terminate at an inopportune time; otherwise he will be liable for damages. If the client terminates the contract, he owes the fee for the services provided to date, i.e. as a rule. Therefore, this can lead to twice the cost for the client, who still has to pay his “new” lawyer. Pay attention also to the inclusion of the legal expenses insurance of the legal expenses insurance, which takes over the double costs only in special constellations.
The liability for the lawyer then results from § 280 I BGB , which requires a breach of duty. This is particularly relevant, what the lawyer basically owes, because only then can be determined when he has violated such an obligation. As a rule, this will not be a success, as already indicated above, if a service contract exists. So you cannot reclaim a lawyer just because you’ve lost the process. It must have come to a dereliction of duty.
Texas Local Information Disclaimer
Local liability accidents are not always as great or noticeable as car accidents or a rollercoaster accident, 18 but they can still cause very serious injuries. In Texas, the common premises liability injuries include:
- Fractured or broken bones
- Muscle injuries
- Electric shocks
- Severe burns
- Spinal cord and cervical lesions
- Trauma brain injuries
Local liability cases of damage and remedy injuries are monetary compensation through regulations and civil court decisions. Our property liability lawyers can assess your damages and determine a route to a reasonable settlement. Please contact Maida and Associates for a free consultation .