Dallas Premises Liability Lawyer

Park Cities Personal Injury Attorney for Property Owner Negligence

Everyone expects a certain level of safety as they go about their daily lives. While people will usually take steps to protect their own safety by avoiding dangerous activities and being aware of potential risks, they also rely on others to protect them from harm whenever possible. When visiting property owned by someone else, a person will expect that the property owner has taken all reasonable measures to prevent injuries by addressing potential hazards. Unfortunately, some property owners fail to do so, and visitors may suffer serious harm because of their negligence. In these cases, personal injury victims may be able to take legal action to recover financial compensation from a negligent property owner.

Premises liability cases can be complicated, and to ensure that they will be fully compensated, victims will need to work with an attorney who can help them demonstrate that a negligent property owner was responsible for their injuries. At Clark Law Group, we understand the complex factors that can affect these cases. We are dedicated to protecting the rights of our clients and helping them obtain the financial resources that will ensure that they can recover from their injuries and move on with their lives.

Premises Liability FAQs

What Is the Legal Definition of Premises Liability?

Premises liability refers to a set of legal rules that property owners and premises controllers must abide by, requiring them to take appropriate measures to ensure that their property is reasonably safe for those who are allowed to enter.

What Are Negligence and Premises Liability in Texas?

Negligence refers to carelessness. When a person is injured because another person was careless about their safety, the injured person may have a case for pursuing compensation based on negligence. In cases involving premises liability, which may apply when a person was injured while visiting someone else’s property, a claim of negligence may be based on the failure of the party in control of a premises to take reasonable steps to keep their location safe or to warn visitors about potential hazards.

What Is the Statute of Limitations for Premises Liability in Texas?

Generally, the statute of limitations for filing a premises liability claim is two years from the date of the accident. To successfully recover compensation, a person will need to file a claim within this time limit.

What Are the Defenses to Premises Liability in Texas?

One option for defending a premises liability lawsuit involves showing that the injured party was responsible for causing their own injuries due to carelessness. A property owner may also attempt to defeat a claim by showing that the party unlawfully entered their property. A third defense involves demonstrating that a property owner could not reasonably have been expected to know about the dangerous condition that caused a visitor’s injuries, such as when a spill happened mere moments before a visitor slipped on a wet floor.

What Is the Difference Between Premises Liability and Personal Liability?

A premises liability claim may be pursued when a visitor to another party’s premises is injured due to a dangerous condition on the premises that the owner should have remedied. Personal liability, on the other hand, will follow a person anywhere they go, and claims may arise if a person’s negligent actions or failure to act allegedly caused injuries to someone else.

What Is the Difference Between Premises and General Liability?

General liability may involve any injuries or property damage that are related to a business’s operations. Premises liability is a specific type of liability that arises when a visitor to a business location or other property is injured by a dangerous condition that the party controlling the property had a duty to mitigate or remedy.

What Is Strict Liability in Texas?

A strict liability standard may apply when a party is automatically liable for any harm that occurs to others because the party engaged in certain specific types of misconduct. Strict liability in premises accident cases may exist when the party in control of the premises allegedly failed to meet legally mandated safety standards for their type of business or violated a law enacted for safety purposes.

What Is a Negligent Activity Cause of Action in Texas?

This is a variation on a typical premises liability claim. In most premises liability cases, the plaintiff is injured by a dangerous condition on the premises. When the plaintiff is instead injured because the landowner is engaging in a dangerous activity, such as setting off fireworks in an inappropriate or illegal location, they may have a negligent activity claim.

How Can a Premises Liability Attorney Help Me?

Investigating the accident and preserving evidence needed to build a case are two important tasks a premises liability attorney can perform. An attorney may obtain security camera footage, interview witnesses, or reconstruct the accident to prove that a dangerous condition or negligent activity on the premises caused your injuries. A lawyer can also help to ensure that the proper forms and petitions are filed with the court, in addition to negotiating on your behalf in the hopes of bringing about a quick settlement. If your case must go to court, it is especially important to be represented by an attorney who has experience in premises liability cases.

Legal Help With Injuries on Other People's Property

Property owners have a responsibility to take appropriate measures to protect the safety of people who are authorized to enter and use their property. Any hazards that a property owner is aware of or should know about must be addressed, either by repairing or correcting any safety issues or by providing warnings or notices to ensure that visitors are aware of these hazards and can take the proper actions to avoid being injured. Owners of private residences or public establishments such as stores or restaurants may be held liable for injuries that occur because of issues such as:

• Slip, trip, and fall accidents - There are many different types of issues that may cause customers or visitors to fall and suffer serious injuries. These may include wet or slippery floors, torn carpets, obstacles in walkways, cracked sidewalks, potholes in parking lots, damaged stairs or stairwells, or damaged or defective railings on an elevated walkway. A fall can lead to multiple types of injuries, including broken bones, sprained or dislocated joints, traumatic brain injuries, or whiplash or other spinal cord injuries.
• Dog bites - A dog may attack a person who is visiting its owner's property, or dog bites may occur in other locations, such as public parks. These incidents can result in a variety of injuries, including puncture wounds, broken or crushed bones, nerve damage, fall injuries, and scarring and disfigurement. In Texas, a victim can recover compensation for a dog bite if they can show that the dog's owner knew that the dog had bitten someone in the past or displayed aggressive or dangerous tendencies.
• Negligent security - Property owners may be liable for injuries that occur due to their failure to provide proper security measures. For example, inadequate lighting in a parking garage may increase the likelihood that a person will be injured in an assault or robbery.

Contact Our Dallas Premises Liability Attorney

If you have been injured while visiting a public establishment such as a store, shopping mall, restaurant, or nightclub, our attorneys can help you determine whether the property owner's negligence was to blame. We can also help you understand your options following an injury that took place at the home of a friend or family member. To schedule a consultation and get help with your case, contact us today by calling 469-906-2266. We provide representation in premises liability cases in Garland, Coppell, Highland Park, Farmers Branch, Denton County, North Dallas, Valley Ranch, Dallas County, Preston Hollow, Dallas, Fort Worth, Grand Prairie, Park Cities, Collin County, Mesquite, University Park, Irving, McKinney, Lake Highland, Carrollton, Plano, and Lakewood.