Common Premises Liability Accidents in Texas
Written by AskTheLawyers.com™ on behalf of Alan J. Robertson with Sloan Firm.
Premises liability accidents occur when a dangerous condition exists on a person’s or business’s property, resulting in injury to another party. In situations where someone is injured on another party’s property due to unsafe conditions, the injured party may choose to file a premises liability claim in order to seek compensation for damages including medical bills, lost wages, pain and suffering, and more. While some liability may be covered by homeowner’s insurance, this is not always the case, especially if the injured party’s damages exceed the insurance coverage.
Some premises liability accidents are common enough that they occur everywhere and are not state specific. Other accidents may be specific to warmer climates or southern states. However, statutes of limitation and laws regarding premises liability can vary from state to state, so it’s important to seek legal counsel from a premises liability attorney in your area.
Common premises liability accidents in Texas include but are not necessarily limited to the following:
- Drowning or water accidents due to insufficient swimming pool security
- Dog bites or other animal attacks
- Negligent security, such as broken locks or lack of lighting leading to assault or other criminal acts
- Escalator/elevator accidents
- Accidents arising from building code violations
- Slip and fall or trip in fall accidents
- Attractive nuisance accidents (i.e. accidents which occur due to objects or conditions on a property which could reasonably be predicted to attract children or trespassers, such as pools, construction equipment, gravel pits, etc.)
- Exposure to dangerous substances (i.e. spilled chemicals, toxic fumes, etc.)
If you or a loved one were injured in a premises liability accident, take the following steps:
- Seek medical attention. It is important to seek immediate medical attention for any injury sustained on someone else’s property, regardless of its severity. Some injuries can take days or even weeks to become symptomatic, but waiting to seek care can have a negative impact on your case should you choose to file down the road. Additionally, seeking medical attention ensures that an official medical record exists to support the validity of your claim.
- Determine your role. Were you an invitee, licensee, or trespasser? Invitees and licensees are usually protected by law in the case of a premises liability accident. However, trespassers are far less likely to be eligible to file a claim unless the trespasser is a child.
- Gather evidence. Certain types of evidence can be gathered by the victim themself, or even the loved one of the victim if they are unable to gather it due to their injury. Examples of evidence to collect after a premises liability accident include pictures/videos of the scene where the accident occurred, pictures/videos of any factors which may have contributed to the accident occurring, pictures of any warning signs posted nearby, and pictures of the injury itself. Additionally, it might be helpful to gather contact information from any witnesses to the accident, and even record their testimonies if they agree to it. Some evidence may be harder to collect without the help of an attorney, such as security footage or official incident reports.
- Seek legal counsel. Premises liability claims can be complicated and difficult to prove; the laws vary from state to state, so it’s a good idea to reach out to an experienced premises liability attorney in your area to assess the viability of your case. Most of these attorneys offer free consultations and work on contingency, which means clients don’t pay unless they win their case.
If you or a loved one suffered due to dangerous conditions on someone’s property in Texas, seek legal counsel from a Texas premises liability attorney to discuss your options for physical and financial recovery.