Premises Liability Attorneys in Arlington
The term “premises” refers to the land and buildings contained on a property, while “premises liability” refers to the liability for certain torts (or lawsuits) that a landowner might incur if there are accidents or injuries on their property or premises.
Tenets of premises liability
To be liable for an injury, the property owner must meet these three criteria:
- The property owner must possess or own the premises
- The injured party must be invited or have a license to be on the premises (in other words, they must be on the property legally)
- There must be negligence on the part of the property owner
In addition, if one of the following three conditions are present, then it is likely an injured party can hold the property liable for an unsafe conditions that caused an accident or an injury.
- The property owner caused the hazardous or unsafe condition
- The property owner knew about the condition, but chose not to remove it or warn of the inherent danger
- The property owner should have been aware of the hazard or unsafe condition, or it should have been discovered through normal maintenance of the premises
If any of these conditions apply, then your injury was likely the result of an act of negligence on the part of the property owner then you may be able to file a collect for your injuries.
Can the property owner present a defense?
There are only two defenses that a property owner can assert when defending against premises liability attorneys: either they were not negligent, or the injured party was negligent.
- If the property owner was not negligent: The property owner did not create the hazard and did not have prior knowledge of the alleged unsafe or hazardous condition. For example, just moments before a fall, a banana peel was dropped on the floor by another person and the property owner did not have time to discover and clean up the spill.
- The injured party was negligent. The injured person was negligent and did not exercise due care and caution. For example, the injured party could have seen the obvious danger of the banana peel on the floor but failed to take the necessary actions to avoid slipping on the peel such as walking around it.
We Want to Help You
If you need a premises liability attorney for your accident or were injured due to the negligence of a property owner, then contact the experienced and knowledgeable attorneys at Zinda Law Group in Arlington. We will investigate your claim, collect evidence, and file a lawsuit on your behalf if you have a claim. All at no cost to you, our consultations are free and you don’t pay unless we win. Call us today at (800) 863-5312 for a free, no fee consultation.