Premises liability law governs the responsibility of property owners and occupiers to maintain safe environments for lawful visitors. When someone is injured on another person’s property in Dallas, TX, due to unsafe conditions or negligent security, they may have grounds to file a premises liability claim.
These claims can arise from slip-and-falls, falling objects, poor lighting, dog bites, or even injuries resulting from negligent security. If you or someone you love has been injured on another’s property, you may seek financial compensation with legal representation from skilled premises liability and personal injury lawyers in Dallas.
What Is Premises Liability in Dallas, TX?
Premises liability is a legal doctrine that holds property owners accountable when individuals are injured due to unsafe or defective conditions on their land or within their buildings. These cases are based on negligence, requiring the injured party to prove that the property owner failed to uphold a legal duty of care.
Texas law recognizes different standards of care depending on the visitor classification:
- Invitees are individuals lawfully on the property for business purposes (e.g., customers in a store). Property owners owe them the highest duty of care, including regular inspections and warnings of known hazards.
- Licensees are social guests or those with permission to be on the property for non-business reasons. Owners must warn them of known dangers, but they have less obligation to inspect for unknown ones.
- Trespassers are on the property without permission. Generally, property owners owe them no duty of care, except not to willfully cause harm.
Common Types of Premises Liability Claims in Dallas, TX
Experienced Dallas injury lawyers may help you claim compensation in a wide range of premises liability accidents. Common examples include:
Slip and Fall Accidents
These occur when property conditions, such as wet floors, uneven surfaces, loose rugs, or debris, cause someone to fall and become injured. Grocery stores, restaurants, and office buildings frequently face such claims.
Inadequate Maintenance
Failure to maintain the property, such as ignoring broken staircases, elevators, or handrails, can result in serious injury and liability.
Negligent Security
If a person is assaulted or robbed on a property due to insufficient lighting, broken locks, or a lack of security guards, the owner may be liable. This is especially common in apartment complexes, hotels, and parking garages.
Dog Bites and Animal Attacks
In Texas, owners can be held liable if they knew their dog was dangerous or failed to control it properly. Liability may also extend to property owners who allow aggressive animals on-site without proper safeguards.
Falling Objects
Poorly secured shelves, ceiling tiles, or tools on construction sites may fall and injure visitors. Property owners and contractors may share liability in such cases.
Swimming Pool Accidents
Unfenced or unsupervised pools are a major source of injuries and fatalities, especially involving children. Texas recognizes the attractive nuisance doctrine, which imposes liability on property owners for dangerous conditions that lure children, such as unsecured swimming pools.
Legal Elements to Prove in a Dallas Premises Liability Claim
To succeed in a premises liability case under Texas law, the injured party or their Dallas slip and fall lawyers must prove the following elements:
- Duty of Care: The property owner owed a duty to the injured party based on their visitor status.
- Breach of Duty: The owner failed to repair, warn, or correct a hazardous condition.
- Knowledge of the Hazard: The owner knew (had actual knowledge) or should have known (had constructive knowledge) about the danger.
- Causation: The breach directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered compensable harm (medical expenses, lost wages, pain and suffering, etc.).
Evidence such as surveillance footage, maintenance records, witness statements, and expert testimony may be vital in proving these elements.
Premises Liability in Dallas for Negligent Security Injuries
Premises liability in Dallas extends to injuries resulting from criminal acts if the crime was foreseeable and preventable through reasonable security measures. This type of injury claim is most commonly pursued against businesses or property managers who failed to:
- Respond to a history of crimes in the area
- Maintain proper lighting or surveillance
- Secure entrances or exits
- Provide trained security personnel
Plaintiffs must show that the criminal act was foreseeable based on past incidents or obvious risk factors. While the assailant may also face criminal prosecution, the property owner may still be held liable under civil law.
Get Premises Injury Legal Assistance Dallas from Our Attorneys
If you were injured on someone else’s property due to dangerous conditions, Amanda Demanda Injury Lawyers is here to help. Our experienced premises liability attorneys in Dallas will move fast to collect evidence and hold negligent property owners accountable for maximum damages.
We take pride in offering strategic legal representation and have a proven record of large settlements and verdicts. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
