Premises Liability Law Dallas, TX

Texas Premises Liability Claims

About Texas Premises Liability Claims

Owners and occupiers of property owe invited people a duty to exercise ordinary care:

1. To keep the premises in reasonably safe condition,
2. To inspect the premises to discover dangerous conditions we can’t really see,
3. And to make safe any defects or give an adequate warning,

Failing to warn people, and failing to make a dangerous condition safe are usually fact questions that are very important in a premises liability case.

A Roadmap of a Premises Liability Case:

A Dallas Personal Injury Lawyer must prove that 1) the owner or occupier knew or should have known of some condition on the premises; 2) the condition posed an unreasonable risk of harm to people who were supposed to be there; 3) the owner or occupier failed to exercise reasonable care to reduce or eliminate the risk; and 4) the failure to exercise reasonable care was the proximate cause of the plaintiff’s injuries.

Of course, remember the general rule still applies that an owner or occupier of the premises is not an insurer of the safety of his or her invitees.

If the owner or occupier of the premises does not know about the condition, they don’t have to warn people about it, so long as they acted reasonably in attempting to uncover the dangerous condition. As in most negligence cases, the injury caused must still be foreseeable.

Request a consultation

Texas Premises Liability Claims

A roadmap of a slip & fall case:

Such a case typically involves a customer of a retail store who slipped on a foreign substance on the floor or by some other obstacle on or near the floor. Most folks scoff at these types of claims. But as we get older, our bodies do not bounce back the way they used to. The falls we have as we age can be catastrophic. So, it makes sense to hold businesses accountable if they cause a fall with severe personal injuries.

Remember:

1.) The owner or occupier knew or should have known that a condition posed an unreasonable risk of harm;

2.) The owner or occupier failed to exercise reasonable care to reduce or eliminate the unreasonable risk of harm; and

3.) The condition proximately caused the plaintiff’s injuries.

The case usually turns on proof that the floor condition was there so long that the owner or occupier should have known about it.

Call for a consultation today. In Texas, the statute of limitations for a premises liability case applies! Seek advice from a Dallas personal injury lawyer today.

personal injury civil damages in Texas:

Physical pain the victim had in the past
- Physical pain that, in reasonable probability, the victim will sustain in the future.
Mental anguish the victim had in the past.
- Mental anguish that, in reasonable probability, the victim will sustain in the future.
- Lost wages the victim had in the past
- Loss of earning capacity the victim had in the past.
- Loss of earning capacity that, in reasonable probability, the victim will have in the future.
Disfigurement the victim received in the past
- Disfigurement that, in reasonable probability, the victim will have in the future.
Physical impairment the victim had in the past.
- Loss of mobility, loss of ability, hindered, restricted from use of normal bodily faculties.
- Physical impairment that, in reasonable probability, the victim will have in the future.

Medical care expenses, that in reasonable probability, will be incurred on behalf of victim in the future
- Exact dollar figure not needed to be considered
- Medical care expenses incurred on behalf of the victim in the past:
  - Physicians fees, dental fees, chiropractic fees, hospital bills, medicine expenses, nursing services, etc.
Loss of inheritance
- Loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the plaintiff.
- Pecuniary loss sustained in the past
  - That is, loss of care, maintenance support, services, advice, counsel, and reasonable contributions of a pecuniary value.
Pecuniary loss that, in reasonable probability, will be sustained in the future.
Funeral Expenses
Exemplary damages
- Damages awarded as a penalty or by way of punishment. Exemplary damages include punitive damages.
- Bad acts that might not rise to the level of criminal activity but the law allows civil jurors to consider.

Texas Premises Liability Claims

About Texas Premises Liability Claims

A Roadmap of a Premises Liability Case:

Request a consultation

Texas Premises Liability Claims

A roadmap of a slip & fall case:

personal injury civil damages in Texas:

Request a Consultation

2020 © All Rights Reserved The Abeita Law Firm | Dallas Office: 1408 North Riverfront Boulevard, Suite 350 Dallas, TX 75207