If you suffered an injury at the Houston Zoo, you need to determine if someone else bears responsibility for it. If so, you have a personal injury claim that might be worth a significant amount of money. Hiring a Houston personal injury lawyer to represent you could multiply the value of your claim.
Liability Issues
The following legal issues could have an important effect on your claim:
- Respondeat superior;
- Premises liability; and
- Charitable immunity
You should choose a lawyer with experience negotiating and litigating these issues in various contexts. It’s not enough to have extensive experience negotiating claims. The opposing party and the insurance company won’t respect your lawyer unless they have proven that they can win at trial.
Ironically, winning at trial in one case maximizes your odds of avoiding trial in the next case. That is because opposing parties, and especially insurance companies, know which lawyers they shouldn’t take to court.
Respondeat Superior
Respondeat superior is a legal doctrine that allows you to sue the employer of an employee who was activating within the scope of their work duties at the time of the accident that injured you. They don’t have to be “clocked in,” although proving that the employee was on duty at the time of the accident goes a long way toward establishing the applicability of respondeat superior.
If your injuries arise from the act or omission of a Houston Zoo employee, you might take note that it’s unlikely that a zoo employee will be able to afford to pay your claim.
Accordingly, you might seek to invoke respondeat superior to sue the Houston Zoo. If you can make it stick, you can enforce liability against them, and they are sure to have enough money to pay your claim.
Premises Liability
Under the doctrine of premises liability, the owner or operator of real property (the grounds of a public zoo, for example) has a special responsibility to ensure that these premises are safe for visitors. They owe a particularly high duty of care towards their customers unless a contrary legal doctrine overrides premises liability.
They must repair or warn of any hazard, including non-obvious hazards that are only apparent after a safety inspection. Your job would be to prove that the owner’s inspection was insufficient.
Charitable Immunity
The Houston Zoo is a nonprofit entity. Since its purpose is to benefit the public, a lawyer might argue that it is a charity and that, therefore, it enjoys charitable immunity under Texas law. If so, this would make it more difficult to sue.
It is arguable whether the doctrine of charitable immunity applies to the Houston Zoo. Nevertheless, opposing counsel might bring up the issue and try to use it as a bargaining chip in settlement negotiations.
What To Do After an Accident
Take the following steps in the immediate aftermath of an accident:
- Seek medical attention, even if your injuries seem minor at first.
- Report the incident to zoo staff. If a zoo staff member caused the injury, report the incident to another staff member. Ask them to create a written report and send you a copy.
- Gather evidence, such as photos or videos of the scene of the accident, your injuries, and anything else that might be relevant. Photograph any hazard that contributed to the accident, such as a banana peel on the ground.
- Obtain witness contact details so you can interview them later.
- Do not admit fault, even “just to be polite.”
- Avoid detailed statements about the accident until you have spoken to an attorney about your case.
- Schedule an initial consultation with a Houston personal injury attorney. Hire a good lawyer.
- Keep a record of all of your medical appointments and treatments: Keep all receipts and correspondence.
- Follow your doctor’s orders. Failure to do so might reduce the value of your claim.
- Do not settle too quickly. This is where a good lawyer can really come in handy. Let your lawyer negotiate a settlement for you.
From here, it is usually a matter of allowing your lawyer to negotiate an optimal settlement for you. Taking these steps can help protect your legal rights and improve your chances of receiving generous compensation.
Protect Your Rights After an Accident
A surprising number of potentially complex legal issues can come to the forefront in a personal injury claim against the Houston Zoo. These issues will matter even if your claim never makes it into court (and most claims don’t).
That is exactly why you need a seasoned Houston personal injury lawyer to make sense of your case-–and to ensure the largest possible recovery.
Contact the Undefeated Houston Personal Injury Lawyers from Zehl & Associates Injury & Accident Lawyers for Help Today
For more information, please contact our Undefeated personal injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours