When you are injured on someone else’s property as a result of a dangerous or defective condition, you might suffer personal injuries and incur significant damages. Working with Dallas premises liability lawyers will help you get the medical care you need and recover from your injuries.
What is Premises Liability?
The area of premises liability pertains to legal circumstances and duties where a person is injured on the property of another.
In Dallas, a homeowner, a business, or a landowner may be liable and responsible for injuries that occur to others while on their property. The Dallas premises liability lawyers at the Francis Firm will analyze your claim, explain your rights, and help you get the medical care you need and the compensation you deserve if you are injured.
Contact our Southlake office now to schedule a free and confidential consultation about your circumstances.
What Types of Injuries are Often Involved in This Area?
There are many ways a property owner can breach the legal duty to maintain the premises in a reasonably safe condition. You could be injured by:
- Slippery surfaces or spills that are not properly cleaned or marked, causing you to slip and fall
- Broken railings on balconies and staircases
- Improperly maintained swimming pools which can lead to serious injuries
- Loose wiring, causing burns and electrocutions
- A dog bite or animal attack
- Unsecured carpeting, rugs, mats, or other flooring, causing you to trip and fall
- Debris cluttering up aisles
- Inventory or other items improperly stored and falling from shelves
- Many other dangerous conditions that present a risk of harm
The area of premises liability pertains to legal circumstances and duties where a person is injured on the property of another. Whether a homeowner or a business, a Dallas landowner may be liable and responsible for injuries that occur to others while on their property under premises liability laws.
A property owner's negligence through improper maintenance, failure to make repairs, cutting corners with safety, and other misconduct can cause serious injuries. A dangerous breed of dog with an owner that fails to keep it safely fenced or on a leash can also cause injuries. You may be entitled to compensation if you're hurt because of property owner negligence, but these cases can be complicated.
Injuries in Dallas Texas premises liability cases run the gamut. They can include serious brain injuries from falls and falling objects, internal injuries, broken limbs, abrasions and cuts, and soft tissue injuries. Dog bites can cause severe personal injuries, and some dangerous conditions can cause burns, all of which will require medical treatment and attention.
Although the details will vary based upon the nature and severity of your injuries, you may be entitled to recover monetary damages for your medical bills, any lost wages as a result of being unable to work, your pain and suffering, emotional distress, and scarring and disfigurement. An experienced premises liability lawyer can provide the legal services you need to evaluate your claim.
How Do Premises Liability Lawsuits Work?
Generally, in order to bring a premises liability lawsuit, you will need to prove that there was a dangerous or defective condition on the land that caused your injuries. You will need to prove that the landowner or business owner breached their duty, directly causing your damages. The landlord's legal duty often depends upon the status of the injured party.
What is a Premises Liability Claim?
Premises liability pertains to legal circumstances and duties wherein a Dallas landowner may be liable and responsible for injuries that occur to others while on his property. The property owner's failure to ensure safe premises is one of the key elements of a premises liability claim.
The landlord’s legal duty often depends upon the status of the injured party.
- Invitees: A person who enters the land with the owner’s knowledge and for the mutual benefit of both parties is called an invitee under premises liability law. Some examples are your mailman, a store patron, a restaurant guest, or an employee. Landowners owe the greatest duty to an invitee. A landowner must warn or make safe any condition posing an unreasonable risk of which the landowner has actual or constructive knowledge.
- Licensees: A person who enters the land with permission for his or her own benefit is called a licensee. A social guest, a member of the household, or a door-to-door salesman are examples of licensees. Landowners must warn or make safe any condition posing an unreasonable risk of harm that is actually known to the landowner and is not similarly known by the plaintiff.
- Trespassers: A person who enters the property of another without permission or legal right to do so is legally defined as a trespasser. The landowner owes the lowest duty of care to a trespasser. A landowner’s only obligation to a trespasser is not to intentionally injure the trespasser or injure the trespasser by gross negligence. Gross negligence involves an act or omission involving an extreme degree of risk, of which the defendant had actual awareness, but proceeded in conscious indifference to the rights, safety, and welfare of others.
Though premises liability cases in Dallas, Texas often occur because of negligent acts by a property owner, there are many other parties that could potentially be responsible. For instance, you may have a claim against the landlord of the building, or a tenant who leases space. If you suffer an injury on the premises of a business, you might have a personal injury claim against the business owner.
If you are injured on government property, you might bring a claim against the government entity that owns or leases the space. In some cases, a property management company, an event promoter, or any other party that has control over the property may be responsible.
Going up against a large insurer or other businesses will mean a considerable difference in power dynamics: while the insurance company will have significant legal and financial resources available, most victims of personal injuries do not. Hiring a knowledgeable and experienced Dallas premises liability lawyer can level the playing field and ensure your rights and interests are protected.
Are there any time limitations in these cases?
There is a two-year statute of limitations in Dallas Texas that generally applies to all personal injury claims. Typically, you must file a lawsuit in civil court within this period, or you’re forever barred from recovering compensation for your losses. The clock starts ticking on the date of your injury.
Premises liability claims can be lengthy, difficult, and complex. In order to recover, you will need to prove liability: that the other party is responsible for the injuries you have suffered on their property. Additionally, your damages will need to be carefully considered and proven, so that you can request proper compensation.
Proving liability and damages is never clear-cut or easy, and an experienced premises liability attorney can be invaluable to your Dallas premises liability claim.
What are Examples of a Premises Liability Injury?
There are many ways a property owner can breach the legal duty to maintain the premises in a reasonably safe condition. You could be injured by:
- Slippery surfaces or spills that are not properly cleaned or marked;
- Broken railings on balconies and staircases;
- Improperly maintained swimming pools;
- Loose wiring;
- A dog bite or animal attack;
- Unsecured carpeting, rugs, mats, or other flooring;
- Debris cluttering up aisles;
- Inventory or other items improperly stored and falling from shelves; and,
- Many other dangerous conditions that present a risk of harm.
Premises Liability Verdicts & Settlements
$2,250,000 – Wrongful Death Trucking Accident
A young man’s tanker truck caught fire and exploded while working on a job site, causing serious burns that were ultimately fatal. Suit was brought against the site operator and trucking company, resulting in a settlement in the amount of $2,250,000. After fees and expenses, the victim’s family recovered $1,176,495.
$225,000 – Slip and Fall Judgment After Trial Against Home Builder
An elderly lady was walking her dog in her neighborhood one morning when she fell because a neighbor’s home builder had removed the sidewalk and failed to mark or provide warning of its removal. Our client suffered an injury to her shoulder. The pre-trial offer in the case was $1,000. The jury awarded entered a verdict for our client in the amount of $206,545.75.
Confidential – Wrongful Death Suit Against Property Owner
Wrongful death suit against a property owner in the fatal shooting in a workplace, resulting in a confidential settlement.
Who is a potential party in a premises liability case?
Though premises liability cases often occur because of negligent acts by a property owner, many other parties could potentially be responsible. Our Dallas premises liability lawyers can help you navigate the process of starting a claim. For instance, you may have a claim against:
- The landlord of the building;
- A tenant who leases space;
- A property management company;
- An event promoter;
- The owner of the business;
- A government entity who owns or leases the space; and,
- Any other party that has control over the property.
An experienced premises liability lawyer can identify negligence and establish liability for your claim, whether property owners, management companies, or others are at fault.
What kinds of compensation can Experienced Dallas Premises Liability Lawyers recover?
The details will vary based upon the nature and severity of your injuries, but your lawyers may be able to get you what you are entitled to. This includes recovering monetary damages for such losses as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Emotional distress; and,
- Scarring and disfigurement.
How Can The Francis Firm Help?
A property owner's improper maintenance, failure to make repairs, cutting corners with safety, and other misconduct can cause serious injuries. You may be entitled to compensation if you're hurt on unsafe premises because of property owner negligence, but these cases can be complicated. The Dallas personal injury lawyers at the Francis Firm will explore your case, explain your rights in Dallas Texas, and help you get the medical care you need along with the compensation you deserve.
If you were hurt because of dangerous conditions on a property, time is of the essence to seek Dallas premises liability lawyers who will help you get all available legal remedies under Dallas Texas law. For more information on your rights, please contact The Francis Firm to set up a free slip and fall case assessment. You can reach our Southlake office or contact us online or by calling (817) 329-9001. We serve clients in Dallas, Dallas County and the surrounding region, and we are happy to explain your legal options. When you hire the Francis Firm for your premises liability claim, there will never be any legal or lawyers fees until we recover money for you.
Dallas Office
4131 N Central Expy
Unit #965
Dallas, TX 75204
(817) 329-9001