DALLAS PREMISES LIABILITY
Q: What is a premises liability claim?
A: A premises liability claim is a claim for negligence against owners, operators and possessors of property based on their failure to prevent injuries on the premises from dangerous conditions or hazards.
Q: Who can be liable for a premises liability claim?
A: Landlords, tenants, property owners, office buildings, amusement parks, apartment complexes, retail establishments, hotels, maintenance companies, security businesses, property management companies, and businesses that sell alcohol.
Q: What are examples of premises liability cases?
A: Examples of premises liability case include:
- allowing patrons to become intoxicated and operate a car,
- faulty or missing stair rails,
- stair cases with inadequate lighting or broken steps
- failed smoke detectors,
- criminal conduct on property,
- inadequate fencing or guarding around dangerous conditions such as holes or swimming pools,
- defective railing on balconies,
- liquid or ice on steps and walkways, and
- electrocutions or burns occurring on property.
Q: What must be established to prevail on a premises liability claim?
A: One must establish the owner or possessor of property knew or should of known of a dangerous condition on the property; owner or possessor failed to warn of the dangerous condition or failed to make the condition safe, and this failure was the cause of the injuries.
Q: If a person slips and falls on liquid in a store and is hurt, is it a premises liability claim?
A: Possibly, in order to establish a claim, the person must show the owner or occupier knew or should have known that the liquid was on the floor before the accident?
Q: What is a person is assaulted at a bar, is it a premises liability claim?
A: Liability may be established against the bar if the bar failed to protect the individual from drunken patrons or its own employees used excessive force against the individual.
Q: What is a person is a victim of a crime committed on property; it is a premises liability claim?
A: Possibly if the owner of possessor the property if the risk of criminal conduct is foreseeable and the entity does not provide adequate security.
Q: If I am injured on a crushed sidewalk or defective staircase, do I have a premises liability claim?
A: Possibly if the possessor of the premises knew the structure was damaged and it should have been repaired or replaced.
Q: If I am hit by falling debris at a construction site or falling merchandize at a store, do I have a premises liability claim?
A: Possibly if the construction company or store did not warn of the dangerous condition to takes steps to prevent the falling debris or merchandize from causing injuries.
Q: What should I do if I am involved in premises liability accident?
A: If necessary, get medical treatment. Then you should take any pictures of your injuries, the accident scene, and get the names, addresses, and telephone numbers of any witnesses. If it a criminal matter, you should contact the police. You should also contact a premises liability attorney.
Q: If a person dies from an premises liability, can a claim still be pursued?
A: Yes, under a wrongful death statute a claim can be pursued by spouses, children, and parents of the deceased.
Q: What types of compensation can I receive for a premises liability accident?
A: You can receive compensation for lost wages, medical bills, future medical care, loss of earning capacity damages, pain, mental anguish, disfigurement, and impairment.