As a North Texas personal injury lawyer, I know that each day here in the Dallas Fort Worth area, people are injured on other’s property as a result of a landowner’s negligence. Premises liability is the branch of law that covers accidents that happen as a result of a property owner’s negligence. A premises liability accident can happen at a retail store, at an office building or even at a friend’s house. Premises liability accidents may be minor, or they could result in serious, long-term injuries.
What Counts As A Premises Liability Accident
A premises liability accident may be one of a broad range of situations that involve injuries due to the property owner’s negligence. Common types of premises liability accidents include:
• Slip and fall accidents;
• Busted stairs or accidents due to faulty or missing stair rails;
• Injuries due to holes or uneven flooring;
• A trip and fall due to cleaning supplies or a bunched up rug;
• Dog bites;
• Being struck by falling merchandise;
• Being assaulted due to inadequate security.
This isn’t a comprehensive list of premises liability accidents; just a few of the most common premises liability issues. If you’ve been injured on someone else’s property, call The Anderson Law Firm for a free consultation to find out whether you might have a premises liability case.
Proving Premises Liability In Texas
Texas state law defines the duty of care that a landowner or landlord may owe to someone injured in a premises liability case. For example, a business owner might have a different duty of care to business patrons than a landlord would have to an apartment occupant. Proving premises liability depends, in part, on the relationship between the liable party and the injured party.
Texas Landowner Premises Liability
Establishing that a property owner is responsible under premises liability law requires a few important elements. You must prove that:
• A dangerous condition existed;
• The property owner knew about, or could reasonably anticipate, the dangerous condition;
• The property owner could anticipate that there was a reasonable possibility that the dangerous condition could cause an injury;
• The property owner didn’t remedy the dangerous situation, and therefore was negligent;
• That the negligence caused your injury.
One of the most difficult parts of pursuing a premises liability case is establishing that a dangerous condition existed, and that the property owner should have anticipated that it could cause an injury but failed to correct the dangerous condition. It can be difficult to prove that the property owner knew about the dangerous condition, or could have anticipated that the condition would cause an injury. But just because it may be difficult, does not mean it is not possible. The best way to prove it is to conduct an investigation as soon as possible after the accident. These investigations can help reveal (and memorialize) the necessary evidence.
If you have questions on a premises liability case, feel free to take advantage of the free consultation offered by the Anderson Law Firm. We can be contacted in Fort Worth at 817-294-1900, in Dallas at 214-327-8000 or across Texas at 1-877-294-1115.