Brian White | October 17, 2024 | Personal Injury
Houston’s Museum of Fine Arts is more than just an educational experience. If you do it right, it can become an odyssey. Despite its status as one of Houston’s primary attractions, bad things happen there too. More specifically, people sometimes get hurt in accidents. If you suffered an injury accident that you believe someone else caused, you might qualify for monetary compensation. The basis of your compensation depends on the specific facts of your case.
Common Museum Injuries
Below is a list of some of the most common museum injuries:
- Slip and fall accidents
- Falling objects
- Collisions, especially in crowded areas
- Lacerations and cuts
- Electrical burns
- Overexertion and fatigue, which can lead to falls or other injuries
When these hazards are the result of museum negligence, injured parties may be able to seek compensation for their losses.
Steps to Take Immediately After Your Accident
Take these steps immediately after your accident, to the extent that your injuries allow you to do so. If you can’t, then ask your friend, partner, or even a bystander to help you.
- Contact museum staff to perform first aid. If you can’t find anyone, perform first aid on yourself to the extent that you are able.
- Call 911 if there’s any chance that your injuries are serious enough to require hospitalization. Err on the side of caution.
- Photograph the scene of your accident, your injuries, and anything else that might be relevant.
- Get contact details for any witnesses, especially other museum guests.
- Seek medical attention ASAP. This is for evidentiary purposes as well as medical purposes.
- Ask the museum to prepare a written accident report and send you a copy.
Talk to a lawyer as soon after the accident as you can.
Defining Your Claim: The Elements of a Negligence Claim
Your claim against the museum will probably rest on negligence (carelessness). This isn’t necessarily the case, of course. A museum staff member might have intentionally injured you, for example, or a mechanism within the museum might have malfunctioned due to a manufacturing defect (a product liability claim). Nevertheless, negligence is the most common claim. To win a negligence claim, you must prove the following five facts:
- Duty: The museum owed you a duty of care. If you were a guest in the museum, this is almost certain. The museum must have exercised reasonable care to prevent injury to you.
- Breach: The museum breached its duty of care to you—by doing something wrong or by failing to do something right (like mopping up a spill). Duty plus breach of duty equals negligence.
- Harm: You must have suffered harm, usually in the form of physical injury.
- Actual cause: The museum’s negligence must have caused the harm.
- Proximate cause: The harm you suffered must have been a foreseeable consequence of the museum’s negligence. The operative word here is “foreseeable.”
You can win your claim if you can prove all of the foregoing facts on a “more likely than not” basis, also known as the preponderance of the evidence standard.
Premises Liability
Premises liability is a type of negligence claim that applies if your injury arose from a dangerous condition on the museum’s land or buildings–a broken stairway railing, for example. In other words, premises liability zeroes in on the property’s role in the injury.
In some cases, you can sue the landlord rather than the property managers or tenants. The owner or operator of premises must ensure adequate lighting, secure displays, and provide clear warnings about potential dangers. They must inspect the property for hidden dangers and remedy these dangers.
Compensation
The museum probably carries insurance that can easily pay any reasonable amount of compensation that you might demand. Types of compensation you might be able to receive include economic and non-economic damages. These damages are designed to address both your monetary and less tangible losses. Talk to your lawyer to learn more about what damages you might be entitled to.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
A skilled and experienced Houston personal injury lawyer can help you in more ways than you can imagine. Although you might anticipate a lawsuit, your lawyer might be able to arrange a settlement that would address your needs far more effectively. The best part is that you don’t need to worry about money due to the nature of the contingency fee arrangements that most personal injury attorneys use. Contact Attorney Brian White Personal Injury Lawyers today to schedule a free consultation.
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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