A sudden accident on someone else’s property can leave you with serious injuries, medical bills, and uncertainty about how to move forward. When a property owner’s carelessness leads to unsafe conditions, you have a right to seek accountability.
A Dallas premises liability lawyer at DFW Injury Lawyers helps people pursue compensation for harm caused by unsafe properties, whether it happens in a retail store, apartment complex, hotel, or public area.
Our attorneys handle the legal process so you can focus on recovery and rebuilding your life. Contact DFW Injury Lawyers for a free consultation to discuss your options.
Key Takeaways: Dallas Premises Liability Claims
- Property owners in Texas have a legal duty to maintain safe conditions and warn visitors of known hazards that could cause injury
- Your legal rights as an injured visitor depend on your classification as an invitee, licensee, or trespasser under Texas premises liability law
- Proving negligence requires showing the property owner knew or should have known about the danger and failed to fix it or warn others
- Texas follows a modified comparative negligence rule, meaning you can recover damages only if you are 50% or less at fault for your injuries
- Premises liability claims must be filed within two years from the date of injury under Texas’s statute of limitations
What Is Premises Liability?
Premises liability law holds property owners and occupiers responsible for unsafe conditions that cause injuries to lawful visitors. The principle behind this law is simple: anyone who owns or controls property must take reasonable steps to make it safe for people who enter.
Definition and Legal Basis in Texas
Texas premises liability law is based on the idea of negligence. To succeed in a claim, an injured person must prove that the property owner or occupier failed to act as a reasonable person would have under similar circumstances.
Common legal terms explained:
- Negligence: Failing to use reasonable care to prevent harm.
- Duty of Care: The responsibility a property owner has to keep the premises safe for lawful visitors.
- Breach of Duty: When the owner fails to meet that responsibility.
- Causation: The link between the unsafe condition and the injury.
- Damages: The actual losses, such as medical expenses and lost income, resulting from the injury.
Types of Properties Covered Under Premises Liability Law
Premises liability applies to nearly every type of property, including:
- Private homes and apartment complexes
- Retail stores, shopping malls, and restaurants
- Office buildings and business centers
- Public spaces like parks and sidewalks
- Hotels, motels, and resorts
For example, a slip and fall at NorthPark Center or an injury at a Deep Ellum nightclub may both involve premises liability issues if unsafe conditions or inadequate maintenance contributed to the incident.
The Property Owner's Duty of Care
Texas law requires property owners to regularly inspect their premises, fix known dangers, and warn visitors of potential hazards. The level of responsibility depends on the visitor’s legal status, which is explained later in this article.
What Are Common Types of Premises Liability Cases in Dallas?
Premises liability cases take many forms. Each type involves specific hazards and evidence requirements.
Slip and Fall Accidents
Slip and fall incidents are among the most common premises liability claims. They often happen in grocery stores, restaurants, and public areas where spills or uneven flooring create risks. If a store in Uptown Dallas fails to clean a spill promptly or place a warning sign, the property owner may be held responsible.
Trip and Fall Incidents
Tripping hazards like cracked sidewalks, loose carpeting, or exposed wiring can cause serious injuries. Property owners must identify and correct these conditions before someone gets hurt.
Inadequate Security and Negligent Security Claims
When property owners fail to provide reasonable security, visitors can become victims of assaults, robberies, or other crimes. Apartment complexes in Oak Lawn or parking garages downtown may be liable if poor lighting or lack of security contributed to an attack.
Swimming Pool Accidents
Dallas homeowners and public pool operators must comply with safety regulations, including proper fencing and supervision. Drowning or near-drowning incidents often result from improper maintenance or lack of safety barriers.
Dog Bites and Animal Attacks
Property owners can be held liable if their animals injure someone, especially if they knew the animal had aggressive tendencies or failed to restrain it properly.
Toxic Exposure Cases
Exposure to hazardous substances like mold, asbestos, or chemical leaks can lead to serious health problems. Landlords and business owners must address these risks promptly and warn tenants or visitors.
Elevator and Escalator Accidents
Faulty elevators or escalators in buildings, malls, or hotels can cause severe injuries. Property owners and maintenance contractors share responsibility for ensuring these systems function safely.
Fires and Explosions
Inadequate fire prevention systems, faulty wiring, or improper storage of flammable materials can lead to devastating injuries. Property owners must maintain safety equipment and comply with fire codes.
Who Can Be Held Liable for Premises Liability Injuries?
Several parties may share responsibility for a premises-related injury. Identifying all liable parties is key to a strong claim.
Property Owners
Property owners are often the primary parties responsible for keeping their property safe. Texas law requires them to maintain their premises in a reasonably safe condition and to fix or warn about hazards they know about or should have known about through regular inspection.
Property Management Companies
If a management company oversees daily operations or maintenance, it may be held accountable for failing to correct hazards or neglecting safety inspections.
Business Tenants and Lessees
Businesses that lease commercial property must also ensure safety for their customers and employees. For example, a restaurant in Bishop Arts that fails to repair a broken step could be liable even if it rents the space.
Contractors and Maintenance Companies
Outside vendors and repair crews may share responsibility when negligent work leads to unsafe conditions or accidents.
How Does Texas Law Classify Visitors on a Property?
The duty of care a property owner owes depends on the visitor’s classification.
Invitees and Their Rights
Invitees include customers, clients, or anyone invited onto the property for business purposes. Owners must inspect for hazards, fix them, and warn invitees of dangers they might not notice.
Licensees and Their Rights
Licensees are social guests or individuals entering with permission but not for business. Owners must warn licensees about known dangers that are not obvious.
Trespassers and Limited Protections
Trespassers enter without permission and generally have limited protection. However, property owners cannot intentionally harm them and must take special care if children are likely to enter the property, such as with an unfenced pool.
What Must Be Proven in a Texas Premises Liability Case?
To recover compensation, you need an attorney to prove four elements:
- The Property Owner Owed You a Duty of Care: The level of duty depends on your status as an invitee, licensee, or trespasser.
- The Property Owner Breached That Duty: A breach occurs when the owner fails to fix, inspect, or warn about a known hazard.
- The Breach Directly Caused Your Injuries: Your lawyer must show a direct link between the unsafe condition and your injury.
- You Suffered Actual Damages: Your attorney needs to show the damages you incurred, such as financial losses and the lasting impact of the injury on your life.
What Damages Can You Recover in a Premises Liability Claim?
Premises liability injuries often result in significant expenses and personal hardship. Texas law allows recovery for various types of damages.
Medical Expenses and Future Medical Care
These include emergency treatment, hospitalization, rehabilitation, and ongoing care for long-term injuries.
Lost Wages and Loss of Earning Capacity
If you can’t work temporarily or permanently, you may seek recovery for the income you’ve lost and future earning potential.
Pain and Suffering
This refers to the physical discomfort and emotional distress caused by the injury and recovery process.
Disfigurement and Permanent Disability
Severe burns, fractures, or spinal injuries may leave lasting effects that alter your appearance or mobility.
Loss of Enjoyment of Life
Injuries may limit hobbies, social activities, or other daily pleasures that once brought fulfillment.
How Long Do You Have to File a Premises Liability Lawsuit in Texas?
Texas law generally gives you two years from the date of injury to file a claim.
Exceptions That May Extend the Deadline
Minors, individuals with mental incapacity, or cases involving hidden injuries may qualify for extended time limits.
Why Acting Quickly Protects Your Rights
Delays can result in lost evidence or unreliable witness memories. Early action helps preserve your claim and strengthen your position against the insurance company.
What Role Does Comparative Negligence Play in Texas Premises Liability Cases?
If you are 50% or less responsible for your injuries, you can still recover compensation, but your award is reduced by your percentage of fault.
How Your Percentage of Fault Affects Your Recovery
For instance, if a jury finds you 20% responsible for an accident at a Dallas grocery store, your damages are reduced by that percentage.
Common Defense Strategies Property Owners Use
Property owners and insurers often argue that:
- You ignored posted warnings or safety barriers.
- Your footwear or actions caused the accident.
- The hazard was open and obvious.
Having evidence like photographs, witness statements, and maintenance records helps counter these claims.
How Our Attorneys Can Help
DFW Injury Lawyers represents people across Dallas who’ve been hurt due to unsafe property conditions. We focus on holding property owners and insurers accountable for the harm caused by negligence.
Thorough Investigation of Your Accident
We review maintenance logs, security footage, and witness statements to identify what went wrong and who’s responsible.
Gathering Critical Evidence
Our team collects inspection records, safety reports, and expert opinions to strengthen your claim.
Identifying All Liable Parties
Many cases involve multiple responsible parties, such as landlords, contractors, or corporate owners. We work to ensure all are held accountable.
Calculating the Full Value of Your Claim
We assess your medical costs, income losses, and future needs to help you pursue fair financial recovery.
Negotiating With Insurance Companies
Insurance companies often try to reduce payouts or shift blame. We handle these discussions and push for fair settlements.
Representing You in Court if Necessary
If the at-fault party refuses to act responsibly, we’re prepared to present your case to a judge or jury.
Protecting You from Comparative Negligence Arguments
Our attorneys counter claims that try to assign you unfair blame, using evidence and testimony to show the true cause of your injuries.
Frequently Asked Questions About Dallas Premises Liability Claims
What should I do immediately after a premises liability accident?
Report the incident to the property owner or manager, take photos of the hazard, collect contact information from witnesses, and seek medical attention. Contact an attorney as soon as possible to protect your legal rights.
Can I sue a property owner if I was injured while trespassing?
Trespassers have limited rights, but property owners can still be liable if they created a dangerous condition with intent to harm or if the injured person was a child attracted to the hazard.
How much is my premises liability case worth?
The value depends on the severity of your injuries, medical costs, lost income, and how the injury affects your daily life. Every case is unique.
Will I have to go to court for my premises liability claim?
Most cases resolve through negotiated settlements. If the property owner or insurer refuses to accept responsibility, your attorney can take the case to trial.
What if the property owner claims I was partially at fault for my accident?
Texas law allows recovery as long as you’re 50% or less at fault. Evidence showing unsafe conditions or the owner’s negligence can strengthen your case.
Contact Our Premises Liability Attorneys in Dallas Now
Premises liability cases require swift action to preserve evidence and witness accounts. Time limits under Texas law restrict how long you have to act, so early consultation matters.
DFW Injury Lawyers understands the pressure you may be under after an injury, and we’re ready to help you move forward. Reach out for a free, no-obligation consultation with a Dallas personal injury attorney today by calling (972) 440-2320.
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Regulatory & Safety Agencies
Property owners in Dallas are subject to oversight from state and local agencies that set and enforce safety standards to protect visitors and residents from harm:
- Texas Department of Licensing and Regulation (TDLR) – Oversees workplace safety, building standards, and code compliance relevant to premises maintenance in Texas.
- Dallas Fire-Rescue Department – Investigates fire-related property accidents, enforces fire codes, and responds to safety violations that may lead to premises liability claims.
Public Safety & Oversight Initiatives
Dallas enforces strict property maintenance and safety standards through municipal codes and dedicated compliance teams to help prevent accidents and protect the public:
- Dallas Code of Ordinances – Property Maintenance – Establishes the minimum standards for property safety, maintenance, and habitability within the city.
- Dallas Building Code Compliance Division – Inspects properties and enforces building regulations to ensure compliance with safety and maintenance requirements.
Areas We Serve in Dallas, TX
We serve victims of premise liability accidents in Downtown Dallas, Uptown, Deep Ellum, Oak Lawn, Bishop Arts District, Lakewood, Highland Park, University Park, Preston Hollow, Knox/Henderson, Victory Park, and its surrounding areas.