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Getting injured because a property owner failed to take safety matters seriously is a stressful, challenging, and overall difficult experience that nobody should have to endure.
You might feel overwhelmed and unsure about what to do next.
You have rights, and our Dallas premises liability lawyers are here to help you understand them and fight for the compensation you deserve.
We won’t back down or shy away from property owners, their lawyers, or insurers. We will bring them a fight as big as Texas to ensure you get the compensation you deserve.
Your lawyer’s experience and skill are important to your case, but you also need muscle. Call us today for a free, no-obligation evaluation of your premises liability claim.
Why Choose DFW Injury Lawyers for Your Dallas Premises Liability Case?
Selecting the right Dallas premises liability attorney is essential to your case. DFW Injury Lawyers has built its success on client satisfaction and results.
When you hire us, you get:
- Proven Record: Our firm has a history of winning top settlements and verdicts for our clients, including millions of dollars in compensation for premises liability injuries. Our results speak for themselves.
- Client-First Approach: We make our clients’ needs and well-being our top priority. Our legal team ensures that you receive not only professional legal representation but also support and guidance throughout your case. We make ourselves accessible and responsive, keeping you informed at every step.
- Thorough Understanding of Texas Premises Liability Laws: Our lawyers are Texas-born and bred. We know and live the Texan way of life and we have a deep understanding of the Texas laws that govern premises liability cases.
- Strategic Legal Muscle: In the legal arena, brains are supreme, but you also need brawn. Our firm combines strategic thinking with aggressive legal tactics that get results. We muscle through tough opposition to defend your rights and make sure you get the compensation you deserve.
- Ready for Trial: Many premises liability claims can settle without the need to file a premises liability lawsuit. Insurance companies know we’re prepared to argue your case before a judge or jury if that’s what it takes to get you the compensation you deserve. Our preparedness as trial lawyers usually leads to higher initial settlement offers.
- Comprehensive Resources: We leverage a network of investigators, medical professionals, and other outside experts to build the strongest case possible. This comprehensive approach helps us address all aspects of your claim, from proving liability to seeking the full extent of your damages.
Choosing Dallas personal injury lawyers means partnering with a team that’s equipped to handle the challenges of your premises liability case. We combine legal knowledge, tactical strength, and a client-first philosophy to advocate effectively on your behalf.
What You Should Know About Texas Premises Liability Law
Premises liability law applies to injuries that occur on a property someone else owns. Texas law requires property owners to maintain a reasonably safe environment for all residents and visitors.
Failing to provide a safe apartment complex, retail establishment, parking lot, or other property invites accidents that lead to serious injury and death.
Foreseeability – the idea that a property owner should anticipate potential safety risks on their premises and take reasonable measures to correct them — is a key aspect in many premises liability cases. Failure to remedy hazards on their property shows a degree of neglect.
If you or a loved one suffered injuries in a structure or property belonging to someone else, you may recover compensation. Don’t suffer alone or assume there’s nothing you can do.
Call DFW Injury Lawyers today for a free evaluation of your premises liability claim, and let us put our muscle to work for you.
Types of Premises Liability Cases We Handle
Our Dallas Premises Liability Lawyers are fully committed to every client we serve. We ensure you receive the answers, resources, and legal support you need.
We handle many kinds of premises liability claims, providing experienced and personalized assistance in cases such as:
- Slip and Fall Accidents: Wet floors, icy walkways, or poorly maintained flooring and stairs are some of the most common causes of slip-and-fall injuries we see. Property owners who neglect to maintain a reasonably safe environment can and should be held liable.
- Dog Bites: Property owners are responsible for preventing their dogs from harming visitors. If a dog attacks or bites you because an owner fails to take reasonable precautions, you may be able to sue for medical costs and other damages.
- Negligent Security: Poor or inadequate security measures invite accidents and crime. Assaults in poorly monitored parking garages, robberies in dark, dimly lit areas, or break-ins where locks or alarms were faulty or absent are some of the common problems negligent security attracts. Prevention is the key to liability.
- Hazards or Defects on Property: Broken staircases or handrails, falling tiles, electrical hazards, and exposed wiring are some of the many things that injure people. If an owner neglects these issues and someone gets hurt as a result, they may face claims for failing to provide a safe environment.
- Swimming Pool Accidents: Pools must have proper fencing, secure gates, and safety equipment to prevent accidental drownings or injuries. Failure to adhere to local safety regulations can make a property owner liable for accidents and injuries that occur in or around their pool.
- Toxic Exposure: If the owner of a property contaminated with harmful chemicals or mold has not taken steps to correct this or warn visitors, they could be liable for health issues that arise from this exposure.
- Elevator and Escalator Injuries: These injuries usually stem from mechanical failures or poor maintenance. Property owners are legally bound to ensure that all mechanical transportation within their buildings is well-maintained and working properly.
- Parking Lot Hazards: Parking lots should be free of hazards such as unmarked barriers, inadequate lighting, lack of signage, and poor security. Property owners are liable for maintaining these areas to prevent accidents.
These are some of the situations that often result in serious injuries or death. If you or a family member became injured in a similar situation, DFW Injury Lawyers will evaluate your potential premises liability claim and determine the best course of action.
Do I Have a Good Premises Liability Case?
Successfully pursuing a premises liability claim involves proving the property’s owner’s negligence caused your injuries. Your Dallas personal injury lawyers understand complex premises liability cases and what it takes to prove your case.
We investigate every aspect of a case to demonstrate each of the four elements:
- Duty of Care: We must establish that the property’s owner had a responsibility to ensure the safety of anyone lawfully on the premises.
- Breach of Responsibility: Having established a duty of care, your lawyer needs to demonstrate that the property owner failed to meet this responsibility. A breach might involve failing to clean up a spill in a timely manner, not securing a pool area, or neglecting to repair a broken stairwell despite knowing it could pose a danger.
- Causation: This element links the breach of duty directly to your injury. Your Dallas premises liability lawyer must show that the property owner’s failure to ensure a reasonably safe property directly caused your injuries.
- Damages: Finally, we have to show that you suffered actual damages as a result, such as physical injuries that require medical treatment, emotional distress, anxiety, depression or financial losses due to medical bills and lost wages.
The legal muscle you need to win
Can Trespassers Seek Damages in a Dallas Premises Liability Case?
In Dallas, trespassers generally cannot sue for damages in a premises liability case. Property owners do not owe the responsibility to people who enter their property without permission.
However, the law makes some exceptions, particularly for children. Texas’s attractive nuisance doctrine holds property owners liable for hazards that attract children—like swimming pools or trampolines—without proper safeguards to prevent children from accessing them.
Determining Fault in a Dallas Premises Liability Case
Texas implements a modified comparative negligence rule to determine fault. This rule means that the amount of compensation you receive decreases according to your share of fault in the incident. However, if the court finds you more than 50% at fault, you will not recover damages.
Having an experienced and skilled Dallas premises liability lawyer is critical to your case’s outcome when the defense tries to blame you either fully or partially for the incident that caused your injuries.
If the defense succeeds, their client pays less or nothing, and you get shorted. An experienced premises liability lawyer effectively challenges such claims by presenting strong evidence and arguments that highlight the property owner’s negligence.
They will work to minimize any fault attributed to you and maximize the compensation for your injuries and losses.
What Damages Can I Claim in My Premises Liability Case?
As in all personal injury cases, damages in premises liability cases generally fit into two categories: economic and non-economic. Determining the type and severity of damages that apply to you affects the amount of compensation you can receive.
Economic Damages
Economic damages or special damages compensate you for financial losses directly related to your injury.
These include:
- Medical Bills: All healthcare expenses resulting from your injury, including emergency room visits, hospital stays, medications, physical therapy, and any future medical treatments.
- Lost Wages: If your injuries are serious enough to keep you from working, you can claim the compensation you lost and would have earned during your recovery period.
- Loss of Future Earning Capacity: When your injury diminishes or prevents you from working in the future, you may claim the future income you likely would have made had you not been injured.
- Rehabilitation Costs: Some injuries require costly, long-term rehabilitation programs to regain physical capabilities.
- Home Modification Costs: Home modification expenses are claimable If you must modify your home to accommodate your injuries, such as installing ramps or stairlifts.
Non-economic Damages
Non-economic damages cover intangible losses that do not have a direct financial cost but significantly affect your quality of life.
These damages acknowledge that not all injuries create purely financial burdens.
- Pain and Suffering: You may claim and receive compensation for the physical pain and discomfort you’ve endured since the incident.
- Emotional Distress: Significant psychological impacts you received because of your premises liability injuries are compensable. These injuries usually include anxiety, depression, PTSD, and stress.
- Loss of Enjoyment of Life: Your injuries may keep you from enjoying day-to-day activities or hobbies that were a part of your life before the accident. You can claim damages for these losses.
- Loss of Consortium: You may claim damages for loss of companionship and support if your injuries have harmed your relationship with your spouse.
Our qualified and experienced Dallas premises liability lawyers work with you to identify all possible damages to ensure that both your immediate and long-term needs are met.
Who Can I Hold Liable in Dallas Premises Liability Cases?
In premises liability cases, several parties might bear responsibility for injuries:
- Property Owner: Commercial property owners, Landlords, and even residential homeowners usually bear most of the responsibility in premises liability cases. They must ensure the safety of all lawful visitors and residents and address any hazards promptly.
- Property Manager: You can hold a property management company liable if they neglect to maintain the property or address safety risks and dangerous conditions.
- Tenants: Tenants or lessees can be liable as well, particularly if they control the property and are responsible for its maintenance and repair. If their negligence leads to an injury, you can hold them accountable.
What Should I Do After a Premises Liability Accident?
After an accident:
- Seek Medical Attention: Receive medical care even when your injuries may not seem obvious or serious. It shows that you are concerned about your health and well-being. Keeping all scheduled medical appointments also shows that you are concerned about your recovery.
- Contact a Lawyer: Before you file any lawsuits or claims or speak to insurance adjusters, consult with an experienced Dallas premises liability lawyer. At DFW Injury Lawyers, we advise you on how to proceed, explain your rights, and ensure that you do not settle for less than you deserve. We will also handle the insurance companies for you and put the property owners on notice.
- Document Everything: If possible, take photos or videos of the scene and gather witness contacts. These materials can provide valuable insights to support your case and ensure a record of valuable evidence that may get lost or destroyed.
- Avoid Posting About the Incident and Injuries on Social Media: Do not post any details about the incident or your injuries online. The at-fault party may use your posts to question and weaken your claim.
- Keep a Journal: Writing about the incident, your recovery, living with your injuries, and your feelings about what happened helps preserve details that you or witnesses may forget and give others a sense of your struggles since the incident.
What Should I Do if an Insurance Company Calls Me?
After a premises liability accident, an insurance company for the at-fault party may contact you. Do not talk to them directly. Remember, insurance companies, including your own, often look for ways to minimize or deny a payout. They persuade or pressure you to accept a settlement that is far less than what you deserve.
Don’t let insurers undermine the value of your case.
Let our Dallas premises liability lawyers back you up with the experience, knowledge, and legal services with muscle so you can focus on recovering and moving ahead.
Contact Your Dallas Premises Liability Lawyers Today
When you or a family member have been injured in a premises liability accident, don’t go it alone. Get the justice and compensation you need and deserve. Get results. Our Dallas Premises Liability Lawyers are ready to fight for you. Contact us today or call us at (972) 440-2320 for your free consultation.
DFW Injury Lawyers – Dallas Office
1341 W Mockingbird Ln #580w
Dallas, TX 75247
(972) 440-2320