Dallas Premises Liability Attorney
When could I file a premises liability lawsuit in Texas?
According to the law in Texas, all property owners are responsible for providing their visitors with a reasonably safe environment. This means that one could be targeted in a civil lawsuit if they have allowed a hazardous condition to exist on their property and someone else was injured as a result. It must be proven by the victim, however, that the responsible party was aware—or should have been aware—of the dangerous condition before the accident took place, and that they had subsequently failed to remedy it. If sufficient evidence of the property owner's negligence is provided, they would then be held accountable for providing the victim with all necessary damages—including compensation for any past and future medical expenses, lost earnings and emotional pain and suffering.
Many people do not realize that residential homeowners can be held legally responsible for the condition of their property, as well as those who own retail establishments or commercial properties. In fact, all homeowners must take reasonable steps to ensure that visitors are kept safe when entering onto their property—which may include providing adequate lighting around the exterior of the building, making sure that their driveway and/or sidewalk is free of cracks and potholes, keeping their potentially violent pet away from visitors and supervising any small children that are playing around the vicinity of their swimming pool. Should they fail to do so, they could be held accountable for providing a victim with compensation through a personal injury lawsuit.
The Distinction Between Invitees, Licensee & Trespassers
When an accident has occurred on a negligently maintained property, the relationship between the victim and the property owner must be examined in order to determine the responsible party's level of culpability. This can be done by determining whether the visitor was an invitee, licensee or trespasser. An "invitee" is someone who is implicitly or expressly invited on a property for the purpose of conducting business—which may include, for example, the customers at a retail store. A "licensee" is someone who has been allowed to enter onto another person's property, but without an implied or express invitation—which may include, for example, a guest in someone else's home.
Finally, a "trespasser" is someone who has entered onto a property unlawfully and/or without the permission of the owner. Making the distinction between these classifications is important because a property owner can only be expected to look after the well-being of the visitors who have been allowed onto the premises. This subsequently means that their legal culpability is void when a trespasser has been injured in lieu of hazardous conditions. For this reason, it is important that you review the circumstances of your accident with a Dallas personal injury lawyer if you have suffered harm on someone else's property—as you may or may not be entitled to compensation, depending on your relationship to the owner.
Common Types of Property-Related Accidents
Although there are a number of property-related accidents that can happen at any given time, the subsequent injuries are only compensable if they have been caused by someone else's negligence. For this reason, it is important to examine how and why an accident has happened, as well as whether or not it could have been prevented by the property owner. Some of the most common instances of property owner negligence can include, but are not limited to:
- Failing to follow proper building codes
- Failing to implement necessary hand rails
- Failing to provide adequate lighting in or around the building
- Allowing a patron to become intoxicated and operate a vehicle
- Failing to clear away liquid, ice or snow on a walkway
- Failing to remove dangerous debris from a pathway
- Failing to keep smoke detectors in working condition
Were you negligently injured? Get in touch with a Dallas injury lawyer!
If you or a loved one has been harmed in a negligently caused accident, you should not hesitate to review the circumstances of your case with a Dallas injury attorney at Lenahan Law, PLLC. We will personally take the time to sit down with you and discuss your legal options, but it is up to you to take the first step by contacting the firm today. Your initial consultation is free when you call our office at (888) 828-5630, so do not wait any longer to obtain the professional help that you will need to recover rightful damages. We look forward to hearing from you soon.