Dallas Premises Liability Lawyers

When we visit someone’s home or business, the last thing on our minds is suffering a debilitating injury. But injuries happen every day on others’ property, including slip and fall incidents, dog bites, swimming pool accidents, and more.

If the property owner owed you a duty of care to keep the property free of hazards, you could receive compensation in a premises liability lawsuit. A Dallas Nix Patterson premises liability lawyer can review your case to determine its merit.

What Is Premises Liability?

Texas premises liability law states that property owners may be liable if their negligence causes someone to be hurt in their business or residence. However, the owner isn’t always liable for all injuries that happen on the property.

First, was the person actually on the other party’s property or premises? A premise refers to all aspects of the property, including the buildings, land, and any structures and improvements. It needs to be determined if you were on the other person’s property before you can hold them responsible for your injuries. You could be on someone’s property in their home, business, on a sidewalk, yard, parking lot, etc.

There are many types of premises, and our Dallas personal injury lawyers have handled most of them over the years. Many Nix Patterson premises liability clients have been hurt on private property receiving visitors and guests, including grocery stores, stadiums, shopping malls, theaters, and public buildings. Other clients have been injured because of a hazard in or outside someone’s home, such as a pool, sidewalk, steps, or yard.

The next part of a premises liability claim involves understanding the injury and how it happened. The property owner must be proven to have been aware or should have been aware of the danger that led to your injury. For example, if a broken handrail adjacent to a flight of steps in someone’s home led to your fall, your attorney can argue that the owner should have been aware of the danger and fixed it.

The third part of a premises liability claim involves the reason you were on the property where the injury occurred. The owner’s obligation to you is different based on why you were on the property. In Texas, premises liability cases involve licensees, invitees, and trespassers: 

• Licensee. A licensee is someone on a property with the owner’s permission for a non-commercial purpose. They are on the property for their benefit. For instance, you’re a licensee if your next-door neighbor invites you over for a pool party in Dallas.
• Invitee. An invitee is someone on the property with the owner’s consent for a business reason. For example, you are an invitee if you are at a hardware store during business hours to purchase home improvement products.
• Trespasser. A trespasser is someone who doesn’t have permission to be on the property. For example, you’re a trespasser if you are in your neighbor’s backyard without their consent.

If you are a trespasser in Dallas and are injured on the person’s property, the owner has little duty of care to you. Thus, they are often not responsible for keeping you safe from hazards. However, if you are a licensee or invitee, you are owed a broader duty of care from the owner. The owner must ensure that their property is reasonably safe from hazards. They also have to warn visitors and guests if there is any hazardous condition.

The property owner can usually only be liable for hazards they were aware of. But if you were invited onto the property, the owner still could be responsible for hazards they should have been aware of.

Texas premises liability laws are complex. Many factors dictate if the owner owed you a duty of care when you were hurt. It’s essential to have a Dallas premises liability attorney review your case to determine the owner’s duty to you when the accident occurred.

What Are Common Types of Premises Liability Cases?

Nix Patterson premises liability lawyers handle the following types of premises liability claims. If you are hurt on someone’s property for a reason not covered below, you still could be eligible for compensation based on the case facts.

Slip-and-Fall Accidents

Slip-and-fall accidents are possibly the most common cause of premise liability lawsuits. People often slip on spills, slick floors, snow, and ice in parking lots and sidewalks or because of seams and defects in rugs or carpets. Anything that causes your shoes to lose grip on the floor or ground can cause a serious slip-and-fall accident.

Many slip slip-and-falls don’t cause serious injuries, but if you slip and fall hard enough, you could break bones, hit your head, dislocate a joint, or rupture a disc in your back. Some slip and fall injuries are severe enough to require hospitalization and surgery.

Swimming Pool Accidents

Dallas is hot much of the year, and many public and private swimming pools exist. You and your loved ones may enjoy going to the public pool or your neighbor’s backyard oasis. In either case, you should be able to assume that the pool and surrounding area will be free of hazards. However, pool accidents are common, and a wet surface could injure you, an uncovered pool filter, or a tripping hazard near the pool.

Dog Attacks

You’re walking in Old City Park in Dallas, minding your business and enjoying the sun, and a dog runs up and bites your leg. This is a frequent problem in Dallas and across Texas. If you and your lawyer can locate the owner, they could be liable for your medical bills and other damages. You also may have a premises liability claim if you were on the owner’s property with their permission and their dog bit you. Homeowner’s and renter’s insurance often covers damages incurred in dog bite incidents.

Dog bite cases can be challenging because the law states that the owner is only strictly liable for injuries if they knew or should have known their dog could be aggressive. A Dallas premises liability lawyer can review the case today and determine your legal options.

Negligent Maintenance

If you are invited onto a property as an invitee or licensee, the owner must maintain the property so you are not injured. Their duty of care extends to land, property, walkways, and the inside and outside of any buildings there. The owner should inspect the property often to locate any dangers that guests or customers may have missed. If hazards may injure someone, they must be repaired, and warning signs should be issued. If the owner doesn’t do these things, negligent maintenance may hurt you.

Inadequate Security And Lighting

Imagine going to a bar to enjoy a drink with friends at the bar Midnight Rambler in Dallas. But you are robbed and beaten in the parking lot at midnight as you leave the establishment. It’s possible the owner could be liable for your injuries if your attorney can prove that there was insufficient security personnel and/or lighting in the parking lot. The case could be aided if previous altercations in the same parking lot led to injuries and other losses.

Open and Obvious Hazards

The property owner may be liable for a hazard that injured you, but not always. The law states that the property owner may escape liability if the danger is ‘open and obvious.’ A danger is deemed open and obvious if a typical person would have seen it. If there is a spill of soda in a grocery store aisle and you slip in it, the insurance company could argue that the hazard was open and obvious. That said, someone with a vision impairment could counter argue that the owner is still liable because they couldn’t see the hazard.

What Damages Can I Recover in a Premises Liability Case?

You may have a valid claim if you can prove that the property owner violated their duty of care and you were subsequently injured. Dallas premises liability lawyers at Nix Patterson can review your case and determine if you are eligible for some or all of these damages:

• Current and future medical expenses for your treatments and rehabilitation. Your lawyer will work with your doctors to understand your future medical requirements so you can enjoy the maximum possible recovery.
• Lost earnings for the income that you have lost because of your injury. Lost earning capacity could also be owed if your injury will prevent you from earning money in the future.
• Pain and suffering compensation for the physical discomfort you suffer from the injury, treatments, and recovery. The amount received for pain and suffering can vary based on the insurance company, your injuries, and the skill of your lawyer. Nix Patterson attorneys are well-versed in the physical discomfort you may feel from various injuries. They also will speak to your medical team to obtain medical proof of your degree of pain and suffering.
• Mental anguish compensation. You may be owed for the emotional pain you experience from your injuries, treatments, and any future limitations.

It’s understandable to think that a premises liability injury victim can negotiate their settlement with the insurance company without a lawyer. However, this is usually unwise and may result in less compensation than you deserve. First, most injury victims don’t fully value their claim. Nor do they understand the various types of compensation they could be owed.

Furthermore, it’s common for the insurance company to contest liability, and it may even argue you caused your injury. The best way to receive the most compensation for your injury is to retain an experienced Dallas personal injury attorney.

What Should I Do If I Am Injured on Someone Else’s Property?

You may receive compensation in a personal injury claim if you’re injured on someone’s Dallas property. Your odds of a substantial financial recovery rise if you do the following after being injured:

• Be seen by a doctor immediately. Call an ambulance and get to the ER if you have a serious injury. Fast medical care ensures that your health and well-being are prioritized. It can also assist with your future claim or lawsuit. Going to the doctor immediately illustrates the seriousness of the injury and that you did everything you could immediately after the accident.
• Tell the property owner about your injury right away. If you fall and break your ankle in a mall parking lot, you or a loved one should immediately report the incident to the facility manager.
• Take photos or video of the hazard that injured you. Did you fall down a flight of steps at a movie theater because of loose carpeting? Snap photos of the loose carpeting that made you trip and fall. The owner or manager could fix the defect after the accident, so having proof of the hazard could benefit your case.
• Talk to eyewitnesses and obtain their contact information and statements. During your initial consultation, hand information to our Dallas premises liability lawyers as soon as possible. The sooner a lawyer is involved in the case, the better the odds of a successful financial recovery.

Taking the steps above may help your premises liability claim. Also, taking other steps to protect your rights as a victim is essential. First, don’t discuss a pending case on social media because it could negatively affect your chances of a settlement. Second, don’t speak to the at-fault party’s insurance company without your attorney present. You could say something that damages your claim.

Contact a Dallas Premises Liability Lawyer Today

Entering someone’s business or home shouldn’t result in injury, but it happens more often than you think. If you suffered an injury in a business or residence owned by someone else, you should speak to an attorney about a premises liability claim. You may be entitled to compensation for your medical bills, mental anguish, pain and suffering, and more. A Nix Patterson premises liability attorney in Dallas can review your case today at no charge. Contact us today for more information.