Suffering an injury caused by a property owner’s negligence can be a traumatic experience with far-reaching repercussions. Victims may find themselves facing medical bills, loss of income, and pain and suffering, not to mention the emotional trauma associated with their injury. In these cases, a Texas premises liability lawyer can help people receive the compensation they need and deserve.
At DFW Injury Lawyers, our experienced Texas premises liability lawyers understand the complexities of Texas premises liability law. We have the knowledge, skills, and legal muscle to help you obtain the compensation you deserve. We fight aggressively for your rights and protect your interests throughout the legal process. Call us today for a free consultation and begin seeking justice.
- Texas property owners and property holders have a duty to keep their properties safe of hazards and dangerous conditions.
- Those injured on someone else’s property have the right to pursue compensation for the losses they incurred as a result of their injury.
- A Texas premises liability lawyer helps injured victims hold negligent property owners and holders liable for injuries occurring on their property.
What Is Premises Liability?
Premises liability holds property owners and managers legally accountable for ensuring the safety of those who come into contact with their property. In Texas, premises liability laws protect individuals from potential harm on someone else’s property caused by negligence or hazardous conditions.
While building owners are typically the primary party held responsible for premises liability cases, other parties may also face liability for injuries that occur on their premises. For instance, if someone slips and falls in a retail store, they may also pursue compensation from the store owner or the tenant leasing the space.
In a premises liability claim, the plaintiff must prove that the property owner or occupier knew or reasonably should have known about the dangerous condition and negligently failed to fix it or warn visitors about it.
Types of Premises Liability Cases
Premises liability claims in Dallas involve injuries or accidents that occur because of unsafe or hazardous conditions on someone’s property.
At DFW Injury Lawyers, our dedicated premises liability attorneys handle many types of premises liability claims, including:
- Slip and Falls: Slip and fall accidents can happen on any type of property, including private homes, businesses, and public places. These occur as a result of wet or uneven floors, cluttered walkways, inadequate lighting, or other dangerous conditions. Property owners must ensure their premises are safe through regular maintenance, repair, and inspection.
- Dog Bites: Texas premises liability law holds dog owners liable for damages resulting from their dog attacking or biting another person. Dog bite survivors may sue a dog owner for their negligence, lack of communication, leash laws violation, and/or intent to harm.
- Defects on the Property: The owner or tenant of a property must maintain safe conditions on the property and repair any hazards, such as loose tiles, cracked stairs, or defective elevators. A dangerous condition on a Dallas property may cause serious injuries to visitors and result in a premises liability claim.
Other premises liability claims may involve swimming pool accidents, amusement park accidents, gym injuries, or negligent security. Regardless of the specific circumstances of your premises liability case, the guidance of an experienced premises liability attorney is crucial. A qualified injury lawyer ensures you know your legal rights, gathers evidence supporting your claim, and fights for the compensation you deserve.
Who May Be Responsible for a Texas Premises Liability Injury?
After an injury on someone else’s property due to negligence or hazardous conditions, determining liability is key to securing your rights.
Possessors of land owe a “duty of care” to those within the boundaries of the land. As a result, property owners and other relevant parties must take reasonable precautions to prevent accidents and injuries on their premises.
- Property owner: Property owners are typically the primary responsible party when it comes to premises liability injuries. This includes residential homeowners, commercial property owners, and landlords who own rental properties. Property owners must keep their property safe and free from hazards and address any issues soon after they arise.
- Property manager: If someone else’s manages the property (such as a property management company), they may be held responsible for maintaining the property and addressing any hazards or dangerous conditions.
- Tenants: Tenants or lessees may also be responsible for premises liability injuries. If a tenant has control of a property and has the duty of maintaining and repairing it, they may be liable if an injury occurs because of their negligence.
Do I Have a Valid Texas Premises Liability Case?
Texas premises liability laws may apply if you were injured on someone else’s property as a result of the property owner’s negligence. To establish a premises liability case, you must prove that the property owner had actual or constructive knowledge of a dangerous condition and failed to make it safe or warn about it.
Beyond demonstrating that the dangerous condition caused the injury, people must also prove they were using the property in a lawful and foreseeable manner.
Factors to consider include:
- Did the property owner have knowledge of the dangerous condition and fail to fix it or warn about it?
- Did the property owner have constructive knowledge of the dangerous condition, meaning if they performed a reasonable inspection of the premises, would they have discovered the dangerous condition and made it safe or warned you about it?
- Did the property owner or their employees create the hazard?
A negligent party may claim an injury occurred because of an open and obvious hazard: This would likely be an attempt to avoid a premises liability lawsuit. However, a qualified lawyer can collect evidence that strengthens your case and negotiate for a favorable settlement. If needed, your lawyer can also argue for your right to compensation in front of a jury in trial.
Premises liability cases are complex and the compensation available depends on a host of factors. Seek the advice of an experienced injury lawyer to assess the merits of your case and guide you through the legal process.
To establish a premises liability case, you must prove that the property owner had actual or constructive knowledge of a dangerous condition and failed to make it safe or warn about it.
Who Can Sue For Premises Liability in Texas?
Anyone injured on someone else’s property due to the property holder’s negligence or intentional act can sue for premises liability in Texas.
Common defendants in premises liability lawsuits include building owners, tenants, property owners, and anyone else responsible for maintaining the property. For example, if a restaurant owner fails to fix a leaky ceiling, and a customer slips and falls, the owner could be responsible for the injuries sustained.
In Texas, the law distinguishes between different types of visitors to a property, including invitees, licensees, and trespassers. Each has different rights and protections under the law. Another example would be if a tenant’s dog attacks a guest, the tenant may be responsible for the visitor’s injuries.
An invitee is someone who enters a property with the owner’s express or implied invitation. Invitees are the most protected group under Texas premises liability law. This group includes employees, shoppers, job applicants, and more.
Building owners, tenants, or property managers must use reasonable care in inspecting the premises, identifying highly dangerous problems, and protecting invitees. When they fail to do so, injured invitees can sue for premises liability.
A licensee is someone invited onto a property for social purposes or to provide a service, such as a plumber or electrician. Licensees may also sue for premises liability if the negligent party doesn’t offer a warning about hidden or concealed dangers.
If a homeowner knows of a hazardous condition but does not warn their guest or service provider of the danger, they could face liability for any resulting injuries. For example, if a houseguest falls down a staircase because there was no warning sign for a broken step, they may have a valid premises liability case.
Unlike licensees, trespassers are people who enter someone’s property without permission. Property owners do not owe trespassers the same duty of care that they owe licensees and invitees.
For example, if a property owner has a spring-gun or other trap set on their premises that causes injury to a trespasser, that person may have a case for damages. If you are unsure about your legal rights as a trespasser, speak with a Texas premises liability lawyer.
In Texas, the attractive nuisance doctrine recognizes that children are naturally curious and incapable of determining what is safe and what’s not.
If a landowner knows that a hazardous condition on their property may entice a young child, they may be liable for damages if the child is harmed.
For example, swimming pools are a common hazard. As a result, when obtaining homeowners insurance, insurers may require homeowners to install a four-foot-tall fence with a locked gate around a pool.
How a Texas Premises Liability Lawyer Can Help
A Texas premises liability lawyer provides invaluable assistance in navigating the complexities of a premises liability case. From investigating the accident to arguing liability, a Texas premises liability attorney fiercely protects your rights and fights for the compensation you deserve.
Premises liability lawyers are thoroughly versed in local and state premises liability laws. They provide expert legal advice, negotiate with insurance companies on your behalf, and represent you in court if necessary. Having a knowledgeable and experienced lawyer on your side can help alleviate the stress of dealing with a premises liability case so that you focus on your recovery.
DFW Injury Lawyers offers free consultations and works on a contingency fee basis, which means you only pay us if we win your case. Our premises liability lawyer in Texas have recovered millions of dollars on behalf of clients like you.
They can help you pursue various types of compensation, including:
- Medical bills
- Lost wages and loss of earning capacity
- Physical pain and suffering
- Mental anguish
How is Fault Determined in a Texas Premises Liability Lawsuit?
Determining fault in a Texas premises liability lawsuit is often a complicated process. Legally, property owners owe visitors a reasonable standard of care and must take reasonable precautions so their property is safe for visitors.
When filing a Texas premises liability lawsuit, the plaintiff must prove they were injured and a hazard on someone else’s property caused the injury. Factors that determine the “reasonable level of care” standard can include whether the accident was foreseeable, the intended use of the property where the injury occurred, and why the plaintiff was on the property.
However, under the modified comparative negligence rule, if the plaintiff is found partially at fault for the accident, their compensation is reduced by their percentage of fault. For example, if the plaintiff is 25 percent at fault, their compensation will likely be reduced by 25 percent.
Premises Liability Lawyer Near Me
If you were injured in Texas and in need of a premises liability lawyer, look no further than DFW Injury Lawyers. Our headquarters is located at 1341 W. Mockingbird Ln., just a short distance from Dallas Love Field Airport and the Medical District. We are easily accessible via public transportation, including the DART Green Line and Bus 404.
Our firm helps clients throughout North Texas and offers free legal consultations over the phone.
The legal muscle you need to win
Texas Premises Liability Lawyer: FAQs
1. What is premises liability insurance?
Businesses and property owners can purchase premises liability coverage to protect themselves from potential lawsuits if someone is injured on their property. This insurance may cover a wide range of injuries, from slip and fall accidents to dog bites. In general, premises liability insurance is intended to cover the costs of medical bills, lost wages, and other damages that result from a premises liability incident.
While not all property owners need this type of insurance, it can be a valuable asset in protecting both the property owner and the injured party in the event of an accident.
2. My loved one died in a fatal premises liability case. Should I file a wrongful death claim or a survival action?
If a loved one dies in a premises liability accident, family members may pursue compensation in the form of a wrongful death claim or a survival action.
A wrongful death claim is filed on behalf of the surviving spouse, children, and parents of the deceased person for damages the surviving relatives suffered as a result of the death. These claims could cover medical bills up to the date of death, funeral and burial expenses, and loss of the individual’s love, companionship, guidance, and financial support.
On the other hand, a survival action compensates the deceased person’s estate for the losses the individual suffered before death, such as pain and suffering, medical bills, lost wages, and property damage costs.
In some cases, a family may have grounds for both types of legal actions. A Texas premises liability lawyer can help families determine the appropriate legal action and work to pursue the maximum compensation available.
3. Can a property owner be liable for injuries when a dangerous condition is open and obvious?
The answer is not always clear-cut. Even if a dangerous condition is open and obvious, a property owner may still be liable if they did not take reasonable steps to fix or warn others about the hazard.
For example, if a property owner knows a broken stair rail is dangerous but fails to fix it or put up a warning sign, they may still be liable for injuries caused by someone falling down the stairs. A premises liability lawyer can help evaluate your case and determine if you have a valid claim.
4. What are compensatory damages?
Compensatory damages are monetary awards intended to make the person whole as if they never suffered the injury in the first place. These damages can cover a wide range of expenses, including medical bills, lost wages, and property damage. The compensation awarded depends on the extent of the injuries and the circumstances surrounding the incident.
5. What kind of damages are emotional distress?
Emotional distress damages are also known as parasitic damages. If a person has suffered from a physical manifestation of emotional distress, such as depression or anxiety, they can add emotional distress as an element of compensation.
Emotional distress damages compensate for the mental suffering that an injury caused and help provide a sense of closure and peace of mind.
6. Should I talk to the negligent property owner’s insurance company?
Before speaking with the property owner’s insurance company, consult with a Texas premises liability lawyer.
Insurance adjusters are trained to minimize the amount of money the insurance company pays out. Anything you say to them can be used against you. Your lawyer should handle all communication with the insurance company and protect your rights and interests.
7. What is the statute of limitations on filing a Texas premises liability claim?
In Texas, the statute of limitations for filing a premises liability lawsuit is two years from the date of the injury. If you do not file within this time frame, you may lose your right to pursue compensation for your injuries. Act quickly: Contact a premises liability lawyer as soon as possible to ensure that your rights are protected.
8. How much does a Texas premises liability lawyer charge?
At DFW Injury Lawyers, we work on a contingency fee basis, so our clients pay nothing upfront. Instead, we only get paid a percentage of the settlement or verdict amount if and when we win your case. This arrangement ensures everyone can access elite legal representation, regardless of their financial situation.
Let DFW Injury Lawyers Bring the Muscle For You
In the aftermath of a premises liability accident in Texas, you need a Texas premises liability lawyer who fights for compensation and defends your rights. DFW Injury Lawyers has the experience and knowledge to handle your case and bring the muscle you need to win.
Contact us today for a free consultation and let us fight for the compensation you may deserve.