Dallas Premises Liability Attorney
Injuries can occur anytime, anyplace. When you suffer an injury on someone else’s property, specific laws come into play. Property owners automatically owe a duty of care to citizens who enter a piece of land or a building. Sometimes property owners are negligent in these duties. If lack of proper care results in a visitor, customer, or employee getting hurt, the injured party may file a premises liability claim.
What Duties Does a Property Owner Owe?
Simply sustaining an injury on someone else’s property does not immediately make a premises liability case. Like other personal injury cases, the law bases premises liability lawsuits on negligence. To prove liability, the plaintiff needs to understand his or her role as a visitor to the property. The law divides these individuals into three categories:
- Invitees are people who have the landowner’s implied or express permission to enter a property. Customers to a business, for example, are invitees. Property owners owe the highest level of care to invitees. They must remove known hazards, inspect for unknown hazards, and warn visitors of dangers that they have not yet repaired.
- A licensee is someone who visits a property for his or her own purposes. This can include friends, family, and door-to-door salesmen. Property owners must provide a reasonably safe environment for licensees and warn of known dangerous conditions. They do not, however, have to inspect for unknown hazards.
- Visitors whom the property owner has not given permission to be on the property are trespassers. Property owners do not owe anything to trespassers except that they cannot intentionally harm them. If the trespasser is a child, the property owner has a duty to reasonably prevent foreseeable harm to the child (e.g., keeping a pool secure).
Depending on a plaintiff’s identity as a visitor, he or she may or may not have a case against the defendant. A family member would likely not sue for tripping and falling over a hazard that the property owner did not know about, even if the owner reasonably should have known. If the same situation happened to a customer at a grocery store, however, the outcome would be different. During a premises liability case, the courts will examine the nature of the collision, the injured party’s category as a visitor, and whether the property owner breached a duty of care.
Types of Premises Liability Collisions
The most common types of premises liability collisions are trips, slips, and falls. Tripping over an uneven curb, slipping on an unmarked spill, or falling down stairs because of a faulty railing are all examples of slip and fall collisions in which the property owner could be liable. A property owner is also responsible for collisions that occur in parking lots, such as slips on icy pavement. Other types of premises liability collisions include:
- Inadequate security
- Elevator and escalator collisions
- Swimming pool collisions
- Fires or flooding
- Dog bites
- Amusement park collisions
- Toxic chemicals or fumes
Any of these hazards can result in damage or even death to visitors on a property. If you have suffered an injury for any of these reasons, seek help with the premises liability lawyers at the Law Office of Stephen W. Shoultz.
Premises Liability Experts in Dallas
Hire a law firm that has experience in premises liability in Dallas for your best chance of proving your case against a negligent property owner. The Law Office of Stephen W. Shoultz has the resources available to launch an investigation into the nature of your injury and prove fault with the responsible party. From eyewitness interviews to expert testimony, we will do what it takes to show the judge and jury that a property owner acted negligently and that this negligence caused your injury. Contact us to speak with a lead attorney about your premises liability case.