Texas law holds property owners accountable for maintaining safe conditions for visitors, but securing fair compensation requires a well-built claim. A skilled Dallas premises liability lawyer can help you pursue the financial recovery you need after an injury.
An attorney can build a strong case on your behalf while managing communication with property owners and their insurance representatives. Contact AMS Law Group to discuss your situation in a free, no-obligation case evaluation at (888) 960-8363.
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Key Takeaways for Dallas Premises Liability Lawyer
- Property owners in Dallas have a legal duty to keep their premises reasonably safe for lawful visitors.
- Your status on the property (invitee, licensee, or trespasser) dictates the legal duty the owner owes you.
- To be held liable, the property owner must have known, or reasonably should have known, about the dangerous condition.
- Documenting the scene with photos of the hazard and your injuries immediately after the incident bolsters your claim.
- Anything you say to an insurance adjuster can be used to assign partial fault to you and reduce your potential compensation.
Why Choose AMS Law Group for Your Premises Liability Case
Our firm provides assertive and client-focused advocacy. What you need to know is our trial lawyers invest in every case we handle, working diligently to secure maximum compensation for our clients. We believe open communication helps you have a clear picture of your case’s legal approach.
We Know Dallas
Our firm has a record of handling cases in the Dallas area. We are familiar with cases arising from incidents at popular locations, from shopping centers along the North Central Expressway to restaurants in the Bishop Arts District. Our attorneys understand the local court procedures at the Dallas County Courthouse and work to build a case that reflects the realities of Dallas.
We Construct Compelling Claims
Our legal team knows how to obtain and organize the evidence needed for a successful claim. We work to properly shape the narrative of your case with the facts at hand. We investigate the incident, gather critical documentation, and align all the details to present a clear picture of liability.
Our meticulous approach allows us to construct a powerful argument on your behalf.
We’re Focused on Your Recovery
At AMS Law Group, a commitment to client care is our primary focus. We handle the legal burdens so you can focus on your health and well-being. We offer our services on a contingency fee basis, which means there are no upfront costs for you; we only collect a fee if we win your case.
Contact AMS Law Group if you were injured on someone’s property in Dallas or the surrounding areas. Our team is ready to review your case and outline your legal options. Call us today for a free consultation at (888) 960-8363.
Understanding Common Types of Premises Liability Claims in Dallas
Property owner negligence can take many forms. Our experienced Dallas premises liability lawyers handle a wide range of cases in both commercial establishments and private residences across our city.
Slip and Fall Incidents
Slips, trips, and falls are the most frequent type of premises liability claim. These incidents can happen anywhere, from a grocery store in Lakewood with a wet floor to an office building downtown with a poorly lit stairwell.
A property owner who knew or should have known about a hazardous condition and failed to fix it or warn visitors may be liable.
Common causes include:
- Wet Surfaces: Spills, recently mopped floors without proper signage, or tracked-in rainwater create dangerous conditions.
- Uneven Flooring: Cracked sidewalks, torn carpeting, or broken tiles pose significant trip hazards.
- Poor Lighting: Inadequately lit hallways, parking garages, and stairwells can obscure dangers and lead to falls.
- Cluttered Walkways: Merchandise, boxes, or debris left in aisles or hallways may cause patrons to trip.
Negligent Security
Property owners, particularly those in commercial settings like apartment complexes in Uptown or shopping malls like NorthPark Center, must provide adequate security measures to protect people from foreseeable criminal acts. You need a lawyer to determine if inadequate security played a role in your injuries.
When they fail to do so and someone is injured as a result of a crime like an assault or robbery, the owner may be liable. A Dallas premises liability lawyer can help determine if a lack of security contributed to your injuries.
Examples of inadequate security include:
- Insufficient Lighting: Poorly lit parking lots or common areas may attract criminal activity.
- Broken Locks or Gates: Failure to repair or maintain security features like gates and door locks creates vulnerabilities.
- Lack of Security Guards: In high-crime areas or at certain types of businesses, the absence of a visible security presence may be a form of negligence.
- Inoperative Surveillance Cameras: Having non-working cameras provides a false sense of security and fails to deter criminals.
Other Premises-Related Injuries
Many other types of hazards can lead to a valid premises liability claim. We work to build and support your case regardless of the specific circumstances.
Other examples of property negligence are:
- Falling Objects: Items falling from store shelves or construction debris can cause serious head and body injuries.
- Swimming Pool Accidents: Unfenced pools or a lack of proper safety equipment sometimes lead to tragic drowning or submersion injuries.
- Fires or Floods: Poor electrical wiring, fire alarms, or plumbing maintenance can result in catastrophic incidents.
- Toxic Fumes or Chemical Exposure: Exposure to harmful substances due to a property owner’s negligence can cause long-term health problems.
Proving Fault in a Texas Premises Liability Lawsuit
Your Dallas slip and fall lawyer needs to demonstrate several key elements to win a premises liability case in Dallas County courts.
To prove fault in a Texas premises liability lawsuit, you and your attorney must work together to show that the property owner is legally responsible for your injuries. How long do you have to file is also an important factor, as this requires more than just showing that you were hurt on their property.
We work to establish the foundation of your claim by proving:
- Duty of Care: The property owner had a legal responsibility to you to maintain a reasonably safe environment.
- Breach of Duty: The owner knew or should have known about a dangerous condition but failed to repair it or provide adequate warning.
- Causation: The property owner’s failure to address the hazard directly caused your injuries.
- Damages: You suffered actual harm, such as medical expenses, lost wages, and pain and suffering.
The Three Categories of Visitors and the Legal Duty of Care
Texas premises liability laws categorize people who come onto someone’s property and assign different and distinct degrees of responsibility to that property owner.
- Invitees: Property owners are responsible for providing the highest degree of care to invitees, who are people invited onto the property for a lawful purpose. This group includes visitors the owner invited into their home and customers, vendors, or job applicants at a business. Visitors at a public park (while the park is officially open) also count as invitees.
- Licensees: A licensee is someone allowed on a property with the owner’s consent for the licensee’s benefit, such as someone parking their truck, camping, hunting, hiking, or a utility company making repairs. Property owners must provide reasonable care to protect licensees from known hazards.
- Trespassers: A person who’s not allowed or authorized to enter the premises or has no legal right to access the property counts as a trespasser. Under Texas law, a property owner generally owes no duty of care to adult trespassers. However, a property owner cannot intentionally or maliciously injure a trespasser. An owner can also face liability for injuries resulting from willful or wanton acts or gross negligence.
Proportionate Responsibility
Texas follows a proportionate responsibility legal standard, also called modified comparative fault. Under this rule, your ability to recover compensation decreases by your percentage of fault.
If a court or jury finds you more than 50% at fault for the accident, you cannot recover any compensation. Insurance companies often try to use this rule to shift blame onto the victim and avoid paying a fair settlement.
Our Dallas slip and fall lawyers protect you from unfair allocations of blame, using evidence to push back on these narratives that harm your claim.
The Role of a Dallas Premises Liability Lawyer in Your Case
An attorney’s role extends far beyond filing paperwork. A dedicated Dallas premises liability lawyer is your advocate and guide from the first phone call to the resolution of your case. Settlements are calculated as they manage the complex details of your case so you can concentrate on your recovery.
A lawyer will handle many critical tasks, including:
- Investigation: Your attorney investigates your accident to gather and preserve crucial evidence.
- Documentation: We collect all relevant documents, including medical records, bills, incident reports, and proof of lost income, to prove economic losses.
- Communication: Your legal team manages all communication with the property owner and their insurance company on your behalf.
- Negotiation: Our Dallas premises liability attorneys are skilled negotiators who will work tirelessly to secure a settlement that fairly covers all of your damages.
If a fair agreement cannot be reached, our trial lawyers will be ready to present your case in court. We shape every piece of evidence and every argument to build the strongest possible case for the compensation you need.
FAQ for Dallas Premises Liability Lawyer
What Is the First Thing I Should Do if I’m Injured on Someone’s Property?
Your immediate priority is your health. Seek medical attention immediately, even if your injuries seem minor; some conditions may not present symptoms immediately. Report the incident to the property owner or manager and take pictures of the hazardous condition that caused your injury.
Then, contact a premises liability attorney in Dallas before speaking with any insurance adjusters.
What Kind of Compensation Can I Pursue in a Premises Liability Claim?
In a Texas premises liability case, you may pursue compensation for a variety of damages you have suffered. This includes economic damages, which have a clear monetary value, like medical bills, rehabilitation costs, and lost wages.
You may also seek non-economic damages for harms like physical pain, mental anguish, and impairment. An attorney can help you identify and calculate the full extent of your losses.
Who Is Liable for an Injury on a Property?
Any person or entity that owns, occupies, or controls a property can be held liable. This can be a commercial business owner, an apartment complex landlord, a private homeowner, or even a third-party management company.
A lawyer can investigate to see who was responsible and able to correct the dangerous condition that led to your injury.
How Does a Dallas Premises Liability Lawyer Prove the Property Owner Knew About a Hazard?
Your attorney can use several methods to prove the owner’s knowledge, including discovery (legal) tools to obtain maintenance records, cleaning logs, and internal incident reports. We can also use witness testimony from employees or patrons who may have seen or reported the hazard.
In some cases, if the hazard existed for a long time, it can be argued that the owner “should have known” about it through reasonable inspection.
Do I Have a Case if I Was Trespassing?
Generally, property owners in Texas don’t owe a duty of care to adult trespassers, except for not causing them injury through intentional harm or gross negligence. However, the law provides greater protection for children.
Under the attractive nuisance doctrine, property owners can be held liable for injuries to children who are lured onto the property by an attractive, dangerous condition, such as an unfenced swimming pool. The specifics of these cases are very fact-dependent.
What is the legal deadline for filing a premises liability lawsuit in Texas?
In Texas law, the statute of limitations for premises liability lawsuits is generally two years from the date of the injury. If you fail to file a lawsuit within this period, you may lose your right to seek compensation. There are limited exceptions to this deadline, so consult a lawyer as soon as possible to preserve your rights.
What if the property owner claims the hazard was obvious?
An insurance company or property owner may argue that the dangerous condition was “open and obvious,” suggesting you should have seen and avoided it. However, this is not a defense in every case. A knowledgeable attorney can counter this argument by showing that factors like poor lighting, distractions, or a lack of proper warning signs prevented you from seeing the hazard.
Do I have a case if I fell on a public sidewalk?
Premises liability law can apply to public property, but the rules are different. A government entity, such as a city, may be responsible for maintaining sidewalks. However, these cases often have unique legal protections, such as a shorter statute of limitations and notice requirements, that make them more complex than claims against private businesses or individuals. Mistakes to avoid include waiting too long to act, so you should contact a lawyer immediately to understand your options.
Building Your Case for a Stronger Future
You can set the foundation for a complete physical and financial recovery by taking action. The legal team at AMS Law Group can help you hold the negligent property owner accountable and pursue the full compensation available under Texas law.
If you were injured because of a hazardous condition on someone else’s property in Dallas, let us fight for you. We are ready to listen to your story and explain how we can help. Contact AMS Law Group today at (888) 960-8363 for your free, no-obligation case evaluation.