Premises Liability Attorney

Know Your Rights After a Property-Related Accident

Under the legal principle of premises liability, a Texas property owner can be held accountable for accidents occurring on their property. In order to succeed in a premises liability lawsuit, however, it is necessary for the victim to prove that the property owner, manager, or other party responsible for the premises at the time of the incident failed to take reasonable precautions to prevent the accident.

While property owners cannot reasonably be expected to protect their tenants, guests, and customers from all possible accidents, the owner can be held liable if he or she knew, or reasonably should have known, about the conditions that caused the accident. It must also be established that they failed to take action to remove the danger or, at the very least, adequately warn their visitors about it.

Were You Injured in a Slip and Fall Accident?

Among the most common scenarios of a premises liability claim is the “slip and fall” accident. If, for example, a shopper slips from a spill on the floor of a grocery store and is injured as a result, he or she may have grounds to sue the store. It would be a defense to the lawsuit that the store management had no knowledge of the spill or that a "Wet Floor" sign had been placed to warn shoppers.

If, however, the store management had learned of the spill but did nothing to handle the problem, or if the spill had been present for long enough that they ought to have known about it, the accident victim may be able to win in a personal injury claim. If your injuries were caused by a similar experience, please contact a premises liability lawyer at the Daspit Law Firm.

Other Types of Premises Liability Claims

Slips, trips, and falls are not the only types of accidents that may serve as grounds to file a premises liability lawsuit.

For example, some of the most common types of premises liability claims involve:

• Dog bites and animal attacks
• Swimming pool / drowning accidents
• Insufficient lighting
• Inadequate or negligent security
• Fires, flooding, and toxic exposure
• Elevator and escalator accidents
• Use of defective building materials
• Staircase and stairwell accidents

There a number of other dangerous conditions that could result in a property-related accident.

Common Premises Liability Injuries

At The Daspit Law Firm, our experienced lawyers have represented many clients who suffered injuries in accidents that took place on another’s property. Because premises liability laws can apply to a range of situations and circumstances, these cases have varied and have included many different types of accidents and injuries.

Some of the most common include:

• Broken bones – Broken bones and fractures are among the most common types of injuries involved in premises liability claims. Often, they result from slip and fall accidents in which property owners failed to address potential hazards, or from certain activities where property owners did not provide adequate supervision.
• Musculoskeletal injuries – Injuries to the body’s soft tissues, ligaments, tendons, joints, and muscles are also common in premises liability claims, often because they stem from slips and falls. These types of injuries may also be caused by dog bites and fires.
• Head injuries – Victims of premises liability accidents may suffer traumatic brain injuries during slip and fall accidents or as a result of falling objects. Property owners are required to address any risks of falling objects, including tools during construction, to reduce risks of these accidents, and they can be held liable when they fail to do so.
• Swimming pool injuries – Owners of swimming pools, including private and public pools, need to ensure the safety of visitors and guests through adequate supervision and maintenance of their pool areas. Failures to uphold this obligation can result in various injuries, including drowning and near-drowning injuries, broken bones caused by slips and falls, and even head injuries from diving accidents.
• Toxic exposure injuries – Exposure to toxic fumes and chemicals while on another’s premises can result in serious illnesses and injuries. Common examples include lead poisoning, exposure to mold, exposure to asbestos, and exposure to other harmful substances.

Whatever your injuries may be, it is important to understand your rights as a victim. If these injuries result from the negligence of property owners, you may be able to pursue compensation for your damages – including your pain and suffering, lost wages, and medical expenses – by pursuing a personal injury claim against the premises owner. Our legal team at The Daspit Law Firm can help you explore your rights following injuries on another’s property and fight for the maximum compensation possible.

How to Prove a Premises Liability Claim

In order to effectively establish the legal elements required of premises liability claims, our lawyers carefully evaluate all circumstances surrounding your accident.

Our focus revolves around proving the following:

• A duty existed – Premises owners generally have a legal obligation to ensure the safety of their property through reasonable measures. This means fixing hazards they knew or should have known about, or providing adequate warnings should an immediate fix not be feasible. This duty is typically owed to visitors, guests, and workers contracted to perform labor on a property. Although it may not apply in cases involving trespassers, some exceptions may be made, such as when something attracted a child onto a property where they were later injured.
• The duty was breached – Premises owners may breach their legal duty when they fail to take reasonable steps in addressing potential hazards. For example, a property owner that knows of an open hole, yet does nothing to cover or fix it may be held liable for negligently disregarding the safety of visitors and guests who may fall or trip over it.
• Causation – Claims require victims to prove their injuries were more likely than not the result of a premises owner’s negligence. Failure to cover an open hole more likely than not results in injury, especially if reasonable steps that could have been taken would likely have avoided that accident.
• Damages – Any successful claim must involve actual damages suffered by victims. These damages will vary from case to case, but commonly include economic and non-economic damages such as medical expenses, pain and suffering, and lost wages, among others.

Call Our Premises Liability Lawyers 24/7 for a Free Review

There are many possibilities for suing under the principle of premises liability. If you believe that you have grounds to file a claim, contact an experienced premises liability attorney at the Daspit Law Firm to get started on a plan of action.

How Daspit Law Firm Can Help

• Can’t travel to us? Our firm will come to you
• Available 24/7, including nights and weekends
• You don’t pay unless we make a recovery for you
• We’ll get you started with a FREE evaluation

Your initial consultation is free and confidential, and we won’t charge you any up-front fees to retain our services. In fact, we won’t charge you anything unless we win.

Injured on someone else’s property? Contact the Daspit Law Firm for help.