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Pursuing Compensation After Injuries That Occur on Someone Else’s Property in Dallas

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 seriously injured due to an injury that occurred on someone else’s property, contact the Lenahan Law Firm right away. We’ve won millions of dollars for our clients.

Founding partner Marc C. Lenahan belongs to the prestigious Multi-Million Dollar Advocates Forum. We have a perfect 10.0 AVVO rating, and the independent rating agency Super Lawyers has recognized The Lenahan Law Firm for providing our clients with outstanding service based on peer reviews and independent research.

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

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The Different Forms of Premises Liability

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:

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.

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What Is the Difference Between Invitees, Licensees, and Trespassers?

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.

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The Duty of Property Owners

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.

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Landlord-Tenant Relationships and Premises Liability Cases

It’s important for renters to understand their rights and responsibilities in landlord-tenant disputes. The landlord’s main obligation is to maintain safe and habitable living conditions, and they have a duty to ensure regular maintenance and timely repairs of essential services such as heating, plumbing, and electrical systems. Landlords must also comply with building codes and health ordinances, which often vary by locality. It is their responsibility to address any hazardous conditions that could lead to tenant injuries. Failure to maintain the property can result in landlord liability for accidents caused by negligence.

Tenants have enforceable rights that protect their interests in rental arrangements. One key right is to live in a property that meets basic habitability standards, such as adequate water, electricity, and heat. You also have the right to request repairs and insist that the landlord addresses hazardous conditions promptly. Tenants are entitled to privacy, and this means landlords must provide notice before entering the property, except in emergencies.

Landlords are legally bound to address known dangers on their property. This means that once a hazardous condition is reported or discovered, the landlord must take swift action to correct it. Inaction or delays may result in landlord liability if a tenant or visitor is injured.

Landlords are expected to be aware of and resolve issues that they could have known about through reasonable oversight. For example, if a tenant reports a loose handrail and the landlord fails to repair it and an injury occurs, the landlord could be held liable for the resulting damages.

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How to File a Successful Dallas Premises Liability Claim

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.

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Wrongful Death From Premises Liability

In the state of Texas, wrongful death claims can be filed by specific family members who are considered eligible beneficiaries. This typically includes the deceased person's spouse, children, and parents.

Eligible beneficiaries may be entitled to recover a variety of damages. These damages may cover both economic and non-economic losses. Economic damages may include medical bills incurred prior to death, funeral expenses, and loss of the deceased's earning capacity. Non-economic damages are meant to address intangible losses such as pain and suffering, loss of companionship, and emotional anguish.

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Steps to Take After an Injury Occurs on Someone Else's Property

When an injury happens, seek immediate medical attention. Even if your injuries don’t seem serious, your condition may grow worse over time, and prompt medical attention can prevent symptoms from getting worse.

Your medical records will serve as essential evidence should the injury lead to a legal claim. They provide a timestamp and professional evaluation of the injuries sustained, which can link them directly to the event on the property.

After an injury occurs at a business, private residence, rental property, or on government property, it’s vital to report the incident to the property owner or manager as soon as possible. This notification should be made in writing and provide details about the event, including the date, time, and nature of the injury.

You’ll want to begin securing evidence immediately after a premises liability injury occurs. Documenting the scene is critical for establishing the conditions that led to the accident. Take photographs or video of the area where the injury happened, capturing any hazards or evidence of inadequate maintenance that may have contributed to the incident.

If there are any witnesses, make sure to get their contact information. It’s also helpful to keep a written account of the incident while details are fresh, noting the time, setting, and events leading up to the injury.

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Take Action for Your Unwarranted Injury Today

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 or toll-free at (888) 473-2820.

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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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Premises Liability

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