If you had an accident because of a dangerous condition on the premises, the property owner may owe you compensation. Under a legal theory called premises liability, a court may find that the property owner was negligent in letting you get hurt because of their failure to make their property safe. After you seek medical care for your injuries, reach out to our firm to learn more about your options for seeking compensation.
What Is Premises Liability?
Accidents happen. But when you get injured because someone else didn’t take proper care, that person may have legal liability to pay you compensation for your injuries. Oftentimes, property owners fail to fix dangerous conditions on their property or warn people about them. If someone is injured by a dangerous condition, the property owner may be liable under premises liability and required to pay the injured person compensation.
Property owners have a duty to the general public to “maintain their property in a reasonably safe condition”. If they know or should know that an unsafe condition exists, they should warn the public or fix it. Failing to do so can lead to injuries for unsuspecting passersby. For example, common types of hazards on property that can lead to accidents for our clients include:
- Slippery or wet floors
- Uneven ground
- Unfenced swimming pools
- Unleashed dogs
- Poor lighting
- Tripping hazards, such as extension cords across the walkway
- Inadequate maintenance
- Low ceilings or low-hanging beams
- Toxic substances, such as a gas leak or carbon monoxide
- Unsafe construction that is unpermitted or not up to code
Proving Premises Liability
Evidence is key for premises liability cases. Often, the most difficult part of proving a case is showing that the property owner knew or should have known about the unsafe condition. The more evidence you and your lawyer can find, the better. For example, your lawyer might seek out surveillance footage or talk to a witness who saw your accident. You or a witness may have taken photos at the scene after the accident. Your lawyer might dig up evidence corroborating the dangerous condition, such as failed city inspections or complaints from other customers. In addition, you should take care to document any medical treatment you receive as a result of the accident.
The property owner and their insurance company will likely try to deny knowledge of the unsafe condition and downplay the accident. Tracking down evidence that an employee of the property owner knew it was unsafe but didn’t warn customers or visitors could help your case. Also, documenting medical treatment helps show that you suffered injuries due to the unsafe condition. Because the property owner and their insurance company will likely fight your claim, it’s a very good idea to get a lawyer who can develop the strongest strategy to argue for compensation.
Frequently Asked Questions
I slipped and fell in the grocery store, and I didn’t see any kind of “slippery floor” sign nearby. What are my rights?
Unfortunately, businesses often fail to warn customers of slippery floors and trip hazards on their property. The grocery store could owe you compensation for your injuries. It’s important to speak with a lawyer as soon as possible to gather proof that the business owners knew or should have known about the slippery floor.
I was bitten by a dog while at a party on private property. Can I get compensation?
Good question. It’s possible that either the dog owner or the property owner, or both, could owe compensation in this situation. If a dog has bitten you, please reach out to our firm to set up a consultation so we can discuss the specific facts of your case.
“No Better Friend” “No Worse Enemy” in Negligence Cases
Have you suffered a serious injury at a business or on someone else’s property? Are you struggling to figure out how to pay for your medical bills and lost wages? At Allen & Nunnally, our success on behalf of injured clients shows why hardworking Texans trust us to fight for the compensation they deserve. We pride ourselves on maintaining a high level of preparation and discipline, which stems from our time in the Marines. To schedule a consultation with one of our Houston-based attorneys, email us at info@allen-nunnally.com, use our convenient Contact Form, or call (713) 955-2217.