Dallas Premises Liability Lawyer

Injury Lawyer Michael Grossman Discusses What to Do If You Were Injured on Someone Else’s Property

If you or a loved one suffered an injury while on someone else’s property, either residential or commercial, then you may have right to file a personal injury claim against the property owner under a branch of law known as premises liability.

Just as all people owe different responsibilities to provide for the safety of others, property owners are required by law to provide different standards of safety to different kinds of visitors to their property. If someone sustains an injury due to the property owner’s negligence, then that person may be eligible to file a personal injury lawsuit under premises liability. For instance, injuries from slipping falling, being struck by fallen objects, or hurt by malfunctioning equipment may all be grounds for a premises liability lawsuit.

Not all injuries suffered on someone else’s property provide grounds for a premises liability lawsuit. In order to be actionable, the injury must have resulted from the property owner’s failure to provide the legal duty of safety to someone visiting the property. For instance, if a person is assaulted in a convenience store parking lot due to a lack of adequate lighting, then the store could be held accountable under premises liability.

Types of Visitors

The legal duty owed by a property owner to visitors changes due to the type of visitor, and there are three distinct types:

• Invitee – someone who knowingly and willingly visits a property for the mutual benefit of the owner and the visitor. An example of an invitee would be a shopper in a store. He or she benefits by purchasing something, and the owner benefits by selling something.
• Licensee – Someone who knowingly and willfully visits a property for his or her own sole benefit. The law considers someone stopping by to visit a friend to be an example of a licensee.
• Trespasser – Someone who enters a property knowingly and willfully without the permission of the property owner or a legal right for doing so, for example: a burglar.

Legal Duties to Various Visitors

Property owners owe different duties of safety to different types of visitors. Invitees are owed the following responsibilities:

• The duty to seek dangerous conditions and warn visitors. For example, a liquor store warning patrons about a wet and slippery floor.
• The duty to warn of existing dangers. For example, if you go over to a friend’s house, and their a staircase has uneven steps, then they are required to warn you.
• The duty of knowingly and willingly injuring visitors. For instance, if a property owner booby traps his or her property to punish trespassers, and the trap injures another visitor.

Licensees are owed the duties of warning of pre-existing dangerous conditions, and not being willfully injured by the property owner, while trespassers are only owed the duty of being protected from wanton dangers set up by the property owner. If a trespasser or licensee slips and falls on a newly waxed floor, then that’s their problem.

Common Examples of Cases

There are several types of cases that commonly become litigated as premises liability cases:

• Slip and fall accidents: hazardous conditions on a property cause someone to trip or slip and fall.
• Elevator collapse accidents: a defect in design or maintenance leads to an elevator collapse.
• Injuries as a result of criminal activity: when criminal activity on the property of an owner leads to the death or injury of another person.
• Injuries due to Falling Down Stairs: when known hazards on a staircase causes a visitor to slip and fall, injuring him or herself.
• Dangerous animal attacks: when animals attack and injury a visitor to a property.

In order to win a premises liability lawsuit, the victim must be able to prove that a hazard existed, that the property owner knew about the risk or should have known, and the hazard resulted in injuries. Moreover, the victim, or plaintiff must be able to prove the equity of the requested compensation. Fulfilling these requirements can be complex, and in order to succeed with a premises liability claim, you will likely need the assistance of an experienced attorney.

At Grossman Law Offices, our Dallas premises liability attorneys have been litigating premises liability cases for 20 years, and we’ve helped injured Texans recover millions and millions of dollars in damages. If you or someone you love has been injured on someone else’s property, then call us today for a free consultation at 1-855-326-0000 (toll free). We will be happy to answer any questions you may have about the specifics in your case and help you determine whether you have the right to file suit. Let us help you like we’ve helped hundreds of other injured Texans.