What Is a Premises Liability Claim in Texas?
May 26, 2022
Premises liability is a broad term that includes dangerous conditions on all types of property as opposed to say a motor vehicle accident which involves a moving vehicle. A premises liability claim typically involves an unreasonably dangerous condition on the property of either a commercial property, a homeowner, or a public property, such as a school, or a governmental building. Unreasonably dangerous conditions can run the gamut from something wet and slippery on the floor that might cause a slip and fall, which by the way can result in very serious injuries even though people joke about slip and falls. Some of the injuries are extremely serious, and require medical attention all the way up to life threatening conditions. For example, an unreasonably dangerous balcony attached to a building with six three-inch lag screws. I have a case involving this issue with an apartment complex in Texas now.
It turned out to be a railing that was supposed to be a non-weight bearing structure, according to the architect. Nobody knew this including the manager of the complex. He did not even know that this was a non-weight bearing rail, because it was advertised as a balcony. Three young men were on this so-called balcony, and it separated from the building. They plunged over thirty feet onto the concrete parking lot below. Thankfully, they all survived, but suffered extremely serious injuries. Therefore, when you say premises liability, the liability is placed on the owner or occupier of the property by virtue of the fact that there is a dangerous condition on the property. The experienced Premises Liability Claim Attorneys in Fort Worth, TX at our office know how to handle such cases. Call us today for a Free Consultation.
What Are the Top Misconceptions Regarding Premises Liability Cases?
When defending these cases, what you have to teach the jury is that just because something happens somewhere does not necessarily mean that the owner is responsible for what happened. I represented a number of grocery store chains in the Fort Worth area, and I received a very nice letter from the Corporate Claims Manager from Albertsons that told me that I have tried more cases for Albertsons than any lawyer in the country. I have been on both sides of these cases. For instance, if you are at home, and somebody is injured in your house, many people have the misconception that the owner of the home is automatically responsible for those injuries. The owner of the home or the owner of the business may or may not be liable and responsible for those injuries. It depends on the facts of each individual case. It depends on whether there was an unreasonably dangerous condition, and whether the owner knew about it, or in the exercise of ordinary care should have known about it. Therefore, those are the elements you need to prove in order to establish a premises liability claim. Good and experienced Fort Worth Premises Liability Claim Lawyers know exactly how to handle such cases.
Is Comparative Negligence Ever a Factor in Premises Liability Cases?
Comparative negligence is always a factor, and to explain Texas law, it is basically what happens when the jury is asked the question at the end of the case. The jury is going to be asked something along these lines: Did the negligence, if any, of the persons named below proximately cause the occurrence in question? You are going to have at least two blanks. You will have the entity that you are suing, the homeowner of the business, and then you are going to have the plaintiff, the injured person. The next question asks the jury to compare the negligence of the parties. If the plaintiff, in Texas, is more than fifty percent responsible for the occurrence, then he does not recover, he gets zero.
Let us just say if he is seventy-five percent responsible, he does not recover the other twenty-five percent. He recovers nothing, so the comparative negligence, not only between the parties, but also now with tort reform, the defendants are allowed to designate other people who they believe might have had some responsibility for the causation, even though they are not in front of the court. These other entities or other people are called “Responsible Third Parties.” Even though these other entities are not actual parties to the lawsuit, the jury can put some of the responsibility with them, which will reduce the amount of damages that may be recoverable. If you are not sure what is comparative negligence or how laws regarding premises liability work in Fort Worth, TX and Dallas, Texas, call the Tarrant County Premises Liability Claim Attorneys at our office.
What Are the Damages Available in A Premises Liability Case?
In personal injury cases with premise liability, as far as damages, there are exceptions to every rule, which is why you need a board certified personal injury trial lawyer if heaven forbid you are injured. In any personal injury case, there can be as many as ten blanks that the jury fills in. You have five areas of damages from the past, and future on each one. The jury can consider past and future medical care, physical pain, mental anguish, physical impairment, disfigurement, and loss of earning capacity.
That is where you need a board certified personal injury trial attorney, so they can dig deep into each of those elements, and determine whether you sustained any types of injuries from this fall, or accident. We will discover what evidence is available, so we can support each one of those elements of damages to the courts. In addition, as you can imagine, there are all kinds of cases, which talk about each one of those elements, and what evidence does and does not qualify to support those damages.
For more information on Premises Liability Claims In Texas, a free initial consultation with our Dallas, Texas Premises Liability Claim Lawyers is your next best step. Get the information and legal answers you are seeking by calling today.