Premises Liability

When a property owner fails to maintain reasonably safe conditions, slip and fall injuries and other serious accidents may occur and the owner may be found liable.

Premises Liability Law in Texas

Although most people immediately think of slipping and falling, there are actually a few different types of premises liability matters. Injuries may occur due to a dangerous condition on the property that the owner knew about and failed to fix, when an employee acts in a negligent manner and causes harm to a customer, or when the property owner fails to post warning signs for hazardous areas.

The following are examples of potential causes for premises liability actions:

  • Slip and fall accidents
  • Falls from heights
  • Elevator and escalator accidents
  • Assaults and attacks
  • Negligent security personnel
  • Inadequate security measures
  • Dog bites and animal attacks
  • Swimming pool accidents
Proving Liability

Due to the complexities of Texas premises liability law, it is important to seek advice from an experienced attorney. In order for a premises liability claim to be successful, it must be proven that the property owner knew or should have reasonably known of the hazard, and/or that the property owner's negligence was the cause of the hazard's existence. It is often essential to show evidence that the property owner knew about the condition prior to the injury. In order to give your case the best chance of success, you should document as much evidence as possible and contact an attorney with specific knowledge and experience in premises liability law.

At the time of the injury, collect as much information as possible, such as:

  • Get the names of any witnesses that were present at the time of the injury
  • Write down the names of any employees that were in the immediate area
  • If you speak with any other employees, get their names and contact information
  • Request that employees provide statements in writing and complete an incident report
  • Take picture of the dangerous condition
  • Photograph injuries
  • Request that video footage from store security cameras be saved

In any contact with employees or company representatives, do not apologize, take any responsibility for the accident, or mention that you are going to call an attorney. Company representatives or their attorneys may attempt to get you to provide a recorded statement or accept a settlement offer. These people are not looking out for your best interests.

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