Consult a Dallas Personal injury lawyer. This website information is not intended as legal advice. This website information should not be interpreted as forming an attorney-client relationship.
Owners and occupiers of property owe invited people a duty to exercise ordinary care:
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.
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.
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.