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What Is a Denton County Premises Liability Claim?

Every year, a number of Texans suffer injuries from slip and fall accidents as a result of poorly maintained properties. If these buildings are improperly maintained, the victim may bring a Denton County premises liability claim against the party responsible. When Texas property owners do not fix or warn people about potentially dangerous conditions on their property, they may be held liable under Texas premises liability law.

A premises liability claim is a type of negligence action that can be brought due to injuries caused by the condition of the property. An experienced Denton County personal injury attorney at The Lenahan Law Firm can help you maneuver through the tricky legal issues of bringing a claim. Get in touch if you or a loved one have been in a slip and fall accident as a result of poorly maintained premises.

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Call (214) 295-1008 or toll-free at (888) 473-2820 to schedule a free consultation today.

Common Hazardous Property Conditions

There are a number of different property conditions that can lead to accidents. Negligence maintenance is one of the more common ones. If someone explicitly or implicitly invites them onto their property, then it is their duty to maintain their premise and remove any hazards.

Animal attacks, particularly dog bites, are also another hazardous property condition. If another person's dog has been aggressive and you suffered serious injuries due to dog bites, then you may be able to hold the dog owner liable for your injuries.

Slip-and-fall accidents are the most common and can occur when there are leaks or spills that haven't been dealt with properly or hazards in walking areas, causing risks of trips. Property owners have a duty to reduce any risks of slipping and falling. Falls can lead to serious injuries, including broken bones and traumatic brain injuries.

Swimming pools can also be hazardous and cause accidents. You may enjoy using a friend's, neighbor's, or public pool, and, in doing so, you would expect that these pools have been maintained properly and are safe. If you have been injured at a pool, call a premises liability attorney to discuss your legal options.

Elevator and escalator accidents can result in severe injuries and are a significant aspect of premises liability law. These accidents can be due to mechanical failures, improper maintenance, or faulty design. Property owners and maintenance companies are responsible for ensuring these machines are safe. When they fail to do so, and an accident occurs, they may be liable for the resulting damages.

Negligent security can lead to assault or robbery. Property owners, particularly of venues like shopping centers, parking lots, and apartment complexes, have a duty to foresee potential security threats and take reasonable measures to prevent them. This could include hiring security personnel, installing surveillance cameras, and ensuring adequate lighting.

Amusement park accidents can stem from ride malfunctions, operator errors, or failure to maintain the equipment properly. These incidents can raise complex legal questions about premises liability.

Fires and explosions often lead to severe injuries and fatalities. Our lawyers conduct a thorough investigation by reviewing fire inspection reports, maintenance records, and compliance with safety laws. We also work with forensic experts to trace the origin and cause of the fire or explosion.

Toxic chemical exposure cases often require expert analysis to prove liability. In these cases, we investigate the causes of the accident and collaborate with medical professionals to document our client's injuries and their correlation to chemical exposure.

Who Is Liable for Premises Liability Injuries?

Premises liability is a legal concept that holds property owners responsible for injuries that occur on their property due to negligence. If an owner fails to maintain a safe environment, and that failure leads to someone getting hurt, they can be held liable. This legal principle applies to both public and private properties, including homes, stores, and even vacant land.

Premises liability law in Texas is not simple. Numerous factors influence the legal duty owed to you at the time of the accident. A landowner's legal duty towards you may differ depending on the purpose of your visit to their property.

You may be a licensee, which means you are on the property with the owner's consent for a non-commercial benefit. Or you could be an invitee, which means you are on the property with consent for a business purpose. In both situations, the landowner or occupier owes a duty of care toward you.

If you are a trespasser, which means you do not have permission to be on another person's property, then the property owner has a minimal duty of care toward you. They only have to refrain from gross negligence or intentional misconduct, such as laying a trap, but they do not have a duty to keep you safe as they do with licensees and invitees.

Compensation for Premises Liability Accidents in Denton County

If you were harmed because of dangerous conditions on someone else's property in Denton County, you may have the right to pursue compensation. An attorney will assess your case to ensure that all of the specific elements are present in order for you to have a successful claim.

Damages are monetary awards paid by the defendant in a civil action to compensate for a loss or injury suffered by the defendant. Economic damages in Texas premises liability cases refer to the tangible, out-of-pocket losses a plaintiff suffers due to an injury. Examples include medical bills for past and future care, rehabilitation costs, lost earnings, and any other expenses directly linked to the injury.

Non-economic damages are compensation for losses not directly tied to financial costs. Texas premises liability cases include the intangible impacts of an injury, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Unlike economic damages, there's no set formula to quantify these damages, which makes them more challenging to calculate and prove.

What to Do Following a Premises Liability Accident

After sustaining an injury on someone else's property, your immediate actions can help ensure a positive outcome for your premises liability claim. First, seek medical attention, even if the injury seems minor. Your symptoms may grow worse over time. Medical records are vital evidence for the severity and cause of your injuries.

Document the accident scene by taking photos or videos. You'll also want to collect names and contact information from any witnesses. It's important to report the incident to the property owner or manager and obtain a copy of the accident report if one is made. The next step is contacting a premises liability lawyer right away.

If your injuries are visible, photograph them as well. Keep a detailed account of the incident while your memory is fresh, including the time, date, and any factors that may have led to the accident. Hold onto clothing or personal items affected during the incident, as they could serve as evidence. Save receipts and records for all medical appointments, including copays and related expenses such as travel and parking.

Were You Seriously Injured on Somebody's Property in Denton County?

Our Denton County premises liability lawyers have won millions of dollars for our clients. During your free consultation, we will advise you on the best way to proceed with your case. Call (214) 295-1008 or toll-free at (888) 473-2820 to learn more today. The Lenahan Law Firm takes cases on a contingency basis – you won't owe us anything unless we win you a settlement.

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