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Premises Liability and Foreseeable Harm

The Haslam Firm  Nov. 16, 2023

If you've been injured on someone else's property, it can be a challenging time. Along with potential physical injuries, you may also be facing financial losses from medical bills and lost wages. Even though you may feel the weight of an overwhelming burden during this time—physically, emotionally, financially—you have to remember that you have options. That's where we come in.
At The Haslam Firm, our attorneys are here to help you navigate this complex situation, especially as it relates to an often misunderstood aspect of premises liability: liability of the landowner. While many people assume the property owner is automatically responsible for any harm that happens on their premises, this is far from the reality of Texas premises law. No matter your specific situation, it's important to contact a local law firm that has seen these kinds of cases before and understand the legal concepts of "open and obvious", "knew or should have known", contributory negligence, and duty.
Premises Liability in Texas 

How does the concept of premises liability relate to foreseeable harm in the state of Texas? First, it's important to understand what premises liability is, and what actions—or inactions—may constitute an entity's liability.  

What Is Premises Liability?  

Premises liability is a legal concept that holds property owners responsible for injuries that occur on their property due to negligence. This includes any type of property, such as private homes, commercial buildings, public spaces, and even government-owned property. Generally speaking, a key factor in determining liability is whether or not the property owner failed to maintain their property and keep it reasonably safe for visitors.  

Are you an "invitee", "licensee", or "trespasser"? What evidence will support the owner knew or should have known? What responsible third parties are liable under negligence theories?

Read our success in Harkins v. Wal-Mart, a recent Ft Worth Court of Appeals victory.

Private vs. Public Property Claims 

Whether it's your neighbor's home, local grocery store, or even a government entity, you may be able to file a claim against a negligent property owner or third party that cause dthe unreasonably dangerous condition. Filing a claim against a government entity will have additional requirements, immunity from suits, and other limitations. It's important to consult with an experienced attorney as to the difference between a private property claim and a public property claim. There are very short notice provisions that alter the statute of limitations. At least have a board certified attorney evaluate your potential claim as soon as possible.

Potential Damages You Can Recover 

If your claim is successful, you could recover damages for various losses. These generally include medical expenses, lost wages, pain, and suffering, among others. The specific amount will depend on the specifics of your case. The goal is for you to move forward after your injury, and financial compensation can help you do that. 

The Importance of Seeking Legal Guidance 

Don't wait to get help with your premises liability case. Reach out to a qualified attorney who can assist you during this frustrating time. Navigating any kind of personal injury can be overwhelming without the right legal guidance, especially because there are so many moving pieces to the legal system. At The Haslam Firm, we have experience in representing clients in these types of cases throughout Texas. Our attorneys, Robert A. Haslam and Bob Haslam, understand the nuances of premises liability law and hopefully can help you pursue a path forward.  Sometimes learning that there is no recovery is an answer and you can move forward. You do not want to look back and regret not looking into your legal rights.

Take Your Next Step 

Understanding premises liability is the first step toward protecting your rights. If you've been injured due to someone else's negligence, it's vital to reach out to a professional. No matter where you live in Texas—including throughout the Dallas and Ft. Worth areas—we invite you to reach out to our team at The Haslam Firm. We're ready to listen, learn about your situation, and explore the best possible legal avenues for your case, if any.