Texas law requires all property owners, managers, and landlords to deploy strategic measures that prevent injuries to visitors, employees, or customers. However, premises liability occurs if a property owner or possessor is negligent, and their actions lead to damages or injuries.
Premises liability claims can occur in both commercial and residential properties. If you have suffered injuries resulting from the property owner's carelessness, you should deserve total compensation. But to understand Texas liability laws, and if you are entitled to a claim under the circumstances the accident happened, you need an experienced premises liability attorney by your side.
We have years of experience at Glenn Law firm helping premises liability injury cases. Our legal team strives to make our clients satisfied by ensuring favorable settlements.
The Most Common Premises Liability Claims in Dallas, Texas
At Glenn Law Firm, we have handled clients who come to us with different premises liability claims. Here are the most common claims we have seen in Dallas.
Slip and Fall Hazard
The most common type of premises liability claim is the slip and fall accidents. When a negligent property owner fails to maintain the parking lots properly, staircases, uneven floors, or sidewalks, slip and fall accidents are bound to happen.
Similarly, accidents can happen if no adequate warning signs show a wet floor or the presence of ice or snow. Slip and fall accidents can result in fractured hip, ankle, or wrist.
Moreover, slip and fall accidents are dangerous for older people as they are more likely to break a bone; hence owners owe them better standards of care.
Poor Maintenance
Almost all aspects of premises elements can be dangerous if not properly maintained. Features that are likely to cause accidents may include; fallen merchandise, broken windows, unrepaired fixtures, or loose handrails
All premises owners must exercise ordinary care and maintain their property to protect visitors and employees from injuries. Failure to inspect, identify and fix dangerous conditions makes them liable.
Unrestrained Dogs
If the premises owner knew their dog has a tendency to cause injuries but acted with negligence, they are held accountable under the law. Dog owners must keep their pets restrained if aggressive or secure a fence to ensure visitor safety to minimize bite attacks.
Inadequate Security
Premise owners must provide adequate security to their visitors, employees, and customers. In case of a break-in, vandalism, robbery, and people end up sustaining injuries, property liability lawyers help scrutinize whether the security cameras, locks, and alarm system were faulty. If they are found defective, the owner compensates the injured person.
Amusement Park Accidents
Sometimes, the person in charge of the amusement park fails to properly install their equipment such as the Ferris wheel, merry-go-round, or roller coaster and cause injuries. In such a case, the owner is held responsible due to carelessness.
Private Residence
A private residence owner must keep the premises safe and notify their guests of any dangerous hazards that can cause harm.
Common Premises Liability Injuries & Accidents
Here are the common injuries recorded in Dallas from a personal liability accident
- Traumatic brain injury
- Neck and back injuries
- Knee, leg, arm, or foot injuries
- Dislocated shoulder
- Spinal cord injuries
- Chronic pain
- Drowning
- Concussions
- Broken bones
Steps to Take After a Premises Liability Accident
If you want to be compensated and make your case easy and smooth, you must take action immediately after an accident occurs. Property owners understand the cost associated with premises liability claims hence will do anything to cover their negligence.
Here are the steps you should take.
- Take pictures of the scene. Taking photos of the scene will help you document the condition of the premises that lead to the fall. You should mainly be keen on all unsafe areas that were not adequately marked or did not have warning signs.
- Gather witness statements. You should immediately ask the witnesses to give a recorded statement explaining how the accident occurred. Make sure the audios are clear enough.
- Get checked by a doctor. Although some injuries may not be visible at the time of the accident, they can lead to severe complications if left untreated. So, let a medical professional examine you and offer the necessary treatment. Besides, your doctor's report is a crucial piece of evidence that will award you fair compensation.
- Contact a personal injury lawyer in Dallas. Your attorney will help you gather critical evidence to guarantee a win during the compensation case.
How Premises Liability Claims Work in Dallas
Under the Texas property liability law, all property owners should guarantee safety through maintenance of all aspects that can cause injuries. If they fail to do so and injuries happen due to their negligence, you are entitled to fair compensation.
Here are the circumstances that guarantee a premises liability claim
The Injured Party Was on the Premises Lawfully
If you were on the premises with the owner's permission or a minor in some instances, they owe you legal duties of care. However, the premises owner is not responsible for injuries sustained by trespassers.
The Premises Owner Knew or Should Have Known of the Defects
If the defects were obvious and the person responsible for the property did not take the necessary measures, Texas laws make them accountable for the injuries and losses caused. However, your lawyer has a legal duty to provide evidence showing ignorance on the owner's part.
The Property Owner Ignored the Defects
If the owner had the premises inspected, ignored potential hazards, and put the property in a safe condition, they are held responsible. Your lawyer must then prove that the property owner did not do his duties of repairing noticeable hazards.
You Sustained Injuries From the Defects
Your lawyer must provide evidence and show the types of injuries you sustained from the defects. They must provide proof of hospital bills, lost wages, and other damages. They must do so by revisiting the scene, reviewing video footage, and requesting accident report copies.
Additionally, they can hire experts to prove the owner's negligence or take any other measure to ensure you get the justice you deserve.
Compensation Received for a Premises Liability Case
If you or your loved one sustained severe injuries, you are entitled to;
- The property owner should settle your medical expenses related to the accident
- Compensated for the loss of income during the recovery period
- Physical pain and suffering damages
- Damages due to loss of enjoyment
- Compensation from possible punitive damages
Are You Looking for an Experienced Premises Liability Lawyer in Dallas?
Premises liability law in Texas protects you. However, property and business owners and insurance companies will try to frustrate your efforts to attain justice. That is why you need Glenn law firm to handle your legal needs during a premises liability claim. Our personal injury attorneys will help you pursue justice and attain maximum compensation.
We understand the stress of sustaining an injury and proving that the premises owner was negligent and allowed a hazardous condition to exist. We offer legal advice and file the premises liability lawsuit on your behalf and walk with you until you get the compensation you deserve.
Schedule an appointment with us today for all types of premises liability cases you may have, and we will be glad to help.