Owners of private properties or businesses do not have to fulfill many obligations to the general public or their guests. In most cases, they can decorate the property however they please and they are given freedom as to how they conduct themselves on their own land. One of the few things they must do, however, is to maintain a safe environment that is free of any unreasonable hazards.
According to Texas State law, all property owners are responsible for any preventable accidents that take place on their property. To say that the accident was preventable is to imply that the cause of harm should have been obvious to the property owner and that it was dangerous enough to demand immediate remedy. By allowing such a hazard to exist, they could be found negligent in a civil lawsuit.
If you have been injured while visiting someone else’s property, contact a Dallas premises liability attorney from The Lenahan Law Firm by calling (214) 295-1008.
Premises liability is a large practice area with many subgroups. Just as not all personal injury cases are the same, not all Dallas premises liability claims are identical. We at The Lenahan Law Firm specialize in working with clients who have suffered catastrophic injuries. As such, there are some kinds of premises liability cases that we have a great deal of expertise in. Those include:
- Negligent Security
- Slip-and-fall accidents
- Amusement park accidents
- Drowning accidents and swimming pool injuries
If a premises liability accident caused a severe injury, then we may be the right firm for you. However, an injury does not mean that you automatically have a premises liability case. Your relationship to the property and the property owner is a large factor in whether you can recover damages.
After an injury has occurred on a negligently maintained piece of property, the relationship between the victim and the property owner will be examined in order to determine the responsible party’s actual liability. Your relationship to the property and property owner is incredibly important when it comes to filing a claim.
Invitees: An invitee is someone who has implicit permission to be on the property in order to conduct business. This includes people going shopping at a store, business, or mall. Invitees have the right to expect to be safe while on the premises.
Licensees: This includes people who are on the property with the owner or occupants’ consent but are there for their own benefit rather than in order to conduct business. For example, if you visited a friend’s house, then you would be considered a licensee, since they invited you, but your visit was strictly personal.
Trespassers: A trespasser is someone that does not have implicit or explicit permission to be on a property. This means they are on the property unlawfully, and no longer have the right to expect a safe and danger-free environment. A trespasser will likely not be able to successfully file a premises liability claim or recover any damages for injuries they may have suffered.
That is to say that property owners must provide a safe environment for the people they allow to be there, and where they allow them to be, but not necessarily in areas that are considered strictly private or closed.
As negligence is the underlying factor in all premises liability cases, it is important for you to retain a Dallas premises liability attorney who can examine the scene with a careful eye for detail. By proving how the incident occurred and how it could have been prevented, you might be able to win financial compensation for your suffering that covers medical bills, lost wages, and more.
Some of the most common forms of property negligence that our attorneys will look for include failing to:
- Follow basic building codes
- Maintain safety handrails
- Provide adequate lighting
- Stop an intoxicated guest from driving
- Clear away spilled liquids, ice, or snow
- Remove dangerous debris
- Test smoke detectors regularly
- Keep animals under control
- Make sure all gates and doors are properly secured
- Provide proper security when and where needed
Even if your premises liability case does not fall directly under these common forms, that does not mean you do not have a case. All invitees and licensees have the right to expect a danger-free environment. If you have been severely injured due to a dangerous condition that the property owner should have recognized and fixed, then you may have a case.
Filing a premises liability claim is not as easy as demanding compensation. Several factors must be present in order for the claim to be considered legitimate. A non-legitimate claim is unlikely to get very far, so make sure your case includes:
- A condition that posed a risk to you or a loved one
- The owner or occupant knew of the condition, or should have known, and was aware it was dangerous
- Your injury was directly caused by the ignored condition
Of course, the owner or occupant of the property you were injured on will likely try to argue against these claims. They may blame your clumsiness or inattention for the injury. For example, if you slipped a grocery store due to a wet floor, the owner may claim you were not looking where you were going and tripped over your own feet. They may also try and claim you were already injured before even stepping foot on the property, meaning that it could not possibly be their fault if you were hurt. These are common tactics used to make you seem less reliable. But with an experienced attorney by your side, the at-fault party is not likely to get away with their lies.
If you or a loved one has been harmed on another’s property and you believe the accident should have been prevented by the property owner, you need to review your case with a Dallas premises liability lawyer at The Lenahan Law Firm as soon as possible. Because we take the time to sit down with our clients, we get to know them and their case. We limit the number of clients we have so we can do this. Our case results and testimonials show that it works.
See the difference that a focused Dallas personal injury attorney can make for your case by scheduling a free initial consultation with us right now by calling (214) 295-1008.
Premises Liability Case Results
- $2,335,000 Recovered ($1,190,197 in fees & expenses) in Premises Liability
- $1,150,000 Recovered ($546,691 in fees & expenses) in Premises Liability
View more case results here.
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