What Accidents Can a Premises Liability Lawyer Help You Get Compensation For?

Our premises liability lawyers in Texas handle a wide range of cases. Some of the most common accidents that give rise to a premises liability claim are:

Animal Bites

If a person’s dog bites you while you’re on their property, the owner might be liable for any injuries that result. According to postal company USPS, there were 491 dog attacks against postal workers in Texas in 2019 — the second-highest total across the country. However, a single dog bite doesn’t necessarily mean you can file a premises liability claim.

Texas adheres to the one-bite rule, which means a dog or animal owner cannot be held liable the first time their animal bites another person. However, after the first bite, a dog owner has reason to believe that their pet could potentially be dangerous and must prevent any further attacks. If someone’s dog bites you a second time, you may be able to file a premises liability lawsuit.

Slip-and-Fall Accidents

Slip-and-fall accidents are among the most common types of accidents in premises liability claims. A slip or fall can happen in any scenario, for instance, if the floor is wet, greasy, or newly waxed, if there’s a spillage, or if a rug is placed on a slippery floor without being secured. A slip-and-fall accident can result in severe injuries, such as a broken bone, a traumatic brain injury, or a spinal cord injury that causes paralysis.

Elevator and Escalator Accidents

Elevators and escalators are designed for convenience, but they can also be dangerous. Elevators seriously injure around 17 thousand people in the U.S. every year. While they mostly affect individuals working on or near an elevator, such as installers or repairers, the general public isn’t immune from injury.

Passengers can fall if they call an elevator, but there is no car, and many also get injured by getting caught in the elevator door.

Escalators also pose a threat. The large gaps between the side skirt, steps, and landing platform can lead to a person tripping and falling, while poor design or maintenance can cause a person’s clothes, shoes, or jewelry to get caught in gaps. Escalators can also malfunction by changing speed or direction, and this can cause people to fall, get trampled on, or be crushed.

Fire, Safety, and Building Code Violations

If a property owner violates safety regulations and this results in injury, you could hold them liable. Fire code violations can be fatal if a person gets trapped in a burning building, while many structures built in the 1970s contain toxic chemicals such as asbestos. A property owner has a duty of care to properly evaluate and inspect a property to ensure no substances present could harm a visitor’s health.

Determining Liability in a Premises Liability Case

In most cases, if you’re injured on another person’s property, the property owner will be liable. However, there is a vital legal consideration when determining liability: why you were on the property. This can impact a person’s legal duty to you and, therefore, if they’re liable for your accident.

Three main categories determine legal duty and liability:

• Licensee: You are a licensee if you are on the premises with the consent of the owner or occupier for a non-commercial purpose.
• Invitee: You are an invitee if you are on the premises with consent for a business purpose or fundamental financial benefit.
• Trespasser: You are a trespasser if you do not have permission to be on the premises.

A common example of a licensee is if your friend invites you to their home for a social gathering. Licensees can also be door-to-door salespeople or postal workers who come to your door. Property owners owe a reasonable standard of care for the safety of licensees and are responsible for protecting them from extraordinary risks, hidden perils, and reckless misconduct.

An example of an invitee is going to the movie theater. When you purchase a ticket, you become an invitee on the premises, and the property owner owes you a duty of care to keep the premises reasonably safe.

In Texas, property owners owe the following duties to invitees:

• To repair and correct known hazards.
• To inspect the premises to discover and correct potential hazards. For example, suppose you are at a grocery store and slip and fall on a spillage that has gone unnoticed for an hour. You could argue that the grocery store has breached its duty of care, as the spill would have been discoverable and fixable if an employee scanned the aisle during that hour.
• To ensure conditions do not pose an unreasonable risk.
• To make conditions safe or warn of unsafe conditions. For example, if there is a spillage in a public restroom in a shopping mall and an employee has put up a wet floor sign, they can’t be held liable for breaching a duty of care.

We’re all familiar with the concept of trespassing — entering premises without consent. In premises liability law, trespassing also extends to any surrounding land. Property owners owe a lesser duty of care to trespassers, but this does not remove liability entirely.

Trespassers may still claim compensation with the help of a premises liability lawyer if:

• The owner created or maintained an unsafe condition.
• The condition was likely to cause serious injury or death.
• The owner was aware the condition was undiscoverable by trespassers before they were injured.
• The owner did not use reasonable care to warn trespassers of the risk or condition.

Premises liability law is far from simple, and your relationship with the property owner (licensee, invitee, or trespasser) can affect their liability. Every case is unique, so you should speak to a premises liability lawyer in Texas to determine who might be at fault for your accident.

What Compensation Can a Texas Premises Liability Lawyer Help You Get?

Sustaining an injury on someone else’s premises can be a minor nuisance or a life-changing event. At the very least, you’ll likely need medical treatment and to take some time off work. Our personal injury lawyers in Texas can help you recover expenses, such as medical bills and lost wages, and compensation for pain and suffering.

Typically, the more severe your injury and its impact on your life, the more compensation you will be entitled to.

Want to find out how much compensation you could be entitled to? Try our quick and easy personal injury calculator.

What to Do if You’ve Been Injured on Someone Else’s Premises

If you were injured on someone’s premises because of their negligent or reckless action, there are some vital steps you should take to maximize your chances of successfully claiming compensation.

1. Collect Evidence

To successfully claim compensation in a premises liability case, you must prove the at-fault party was negligent and that it caused your injury. While a premises liability lawyer can help you gather evidence, beginning the process early can improve your ability to demonstrate fault.

For example, if you slipped and fell on a spillage, the spill will likely have been cleared well before you speak to an attorney. However, if you have photos or video evidence of the spill or the contact details of witnesses who can testify to what happened, the at-fault party cannot claim there wasn’t a spill or that a wet floor sign was present.

2. Seek Medical Treatment

You should also see a doctor to document your injuries and keep bills for your treatment. A premises liability lawyer can help you recover these costs as part of your claim. Not having this evidence makes it more difficult to negotiate a settlement or build a solid case, as the other party may argue your injuries did not happen at their premises.

You should also retain any other relevant information, such as tax returns and payroll information. Your Texas premises liability lawyer can advise you about what information is most relevant to your claim.

3. Contact a Premises Liability Lawyer

Premises liability claims are complex, but our dedicated premises liability lawyers in Texas are well-versed in the intricacies of the law and can get you the compensation you deserve.