Premises Liability Lawyers in Dallas
If an injury occurs on the premises as the result of an accident or other incident (usually due to the negligence of the property owner) the property owner can be held responsible in a court of law. There are certain laws which may apply to a premises liability case to protect the victims of property negligence. They can be complex and it may depend on the circumstances surrounding the premises injury. If you are in Dallas and you have suffered an injury due to a property owner's negligence, consult with a personal injury attorney today. We at Zinda Law Group PLLC may be able to recover compensation for your damages.
Premises Liability Defined
The term "premises" actually arose from a misunderstanding. Years ago, in title deeds, property owners saw the word and assumed it meant the combination of both land and buildings; however, the word actually had a Latin origin, simply meaning what "was mentioned before." Still, the misconception stuck, and the word now is used to mean everything that is owned on a piece of property.
Liability, on the other hand, refers to a legal obligation that is owed to pay some sort of debt. For example, when someone has been found to be in the wrong, they will be legally and financially liable. One common example of this in civil law is known as "strict liability." This means that someone is legally responsible for the repercussions of something, regardless of who was fault. An example of this would be an employer who has negligent employees; although the employer did not cause the accident, they are still strictly liable.
Therefore, the term "premises liability" refers to the liability of an owner for anything that occurs on their premises. This could be an accident or an assault, but they are typically considered to be liable should certain elements be fulfilled during the claim process. For example, the following elements must be met:
- The defendant owned or was in possession of the land.
- The plaintiff was legally on the land.
- The defendant was negligent / acted wrongfully.
If the three above elements can be successfully proven, then it is likely that the plaintiff will be able to seek just compensation. At Zinda Law Group, we know what is on the line with these cases and we know how difficult it can be to prove fault. You can trust that if we take on your case that we will fight tirelessly to provide you with the high-quality legal assistance that you deserve. No matter the circumstances of your case, you will be able to be confident knowing that you will have the experienced counsel that you deserve.
Spotlight: Inadequate Security
One common type of premises liability occurs from having an inadequate amount of security. One of the most important ways that property owners can protect their visitors is by ensuring that they are properly protected. This security can come through having active patrols, installing cameras throughout the premises and making sure that all gates and locks are properly installed and in working order.
Should security become lax and a violent crime occur, while the criminal will ultimately be responsible for the incident, the property owner could also be held partially responsible. This is because had the property owner acted in another way, the act could have been prevented. This can be determined through the "but for" test. For example "but for the lack of security guards, the assault would not have happened." If this can be proven, it will prove cause-in-fact which can be enough to hold the owner at least partially responsible.
Different Types of Premises Liability Claims
At Zinda Law Group, we are proud to represent our clients in a variety of different claims. No matter the exact cause of your accident or the details surrounding the case, you be confident knowing that we will do everything that we can to help you achieve a just outcome. Below, we explain just some of the primary types of premises liability claims that we can help with. To learn more, give us a call today:
Amusement Park Accidents
When visiting amusement parks, the last thing that you are thinking about is the possibility of suffering a severe injury. Unfortunately, this is an all too real reality. Due to the increased demand for adrenaline rushes and thrilling rides, amusement parks are taking more and more risks – causing severe injuries as a result.
Slip & Fall
Should the floor be slippery, slick or should there be a puddle, it can cause a visitor to turn something as simple as walking into a catastrophic accident. Slipping and falling can result in injuries that range from broken bones to contusions and can even affect the health of the victim's spine.
Trip & Fall
Similar to a slip and fall, an accident involving tripping differs in that it occurs from the foot running into an object and throwing the balance of the victim off. This can be from loose flooring, shoddy stairs or obstacles piled in areas that would not catch the eye of the victim naturally.
Owners of dogs are required by the law to ensure that the animal is trained and restricted in a manner that will prevent the animal from attacking any innocent bystanders. Should they abuse the animal or leave it free to roam, they can be held liable for any bites or attacks it causes as a result.
Making a Premises Liability Case
There are different ways that a premises liability case or claim can come about. There have been cases where the premises were not properly cared for and potentially posed a hazard to anyone who came into contact with them. This would include inadequate or no security, areas where falls are not reasonably prevented, and even not properly preventing animal attacks. It may be extremely important in the case that the victim is able to prove that the property owner was aware of this less than optimum condition and did not take the proper steps to remedy it. Each case is unique and must be evaluated in order to determine the types of claims for damages to be made on your behalf.
If you have recently been injured on the premises of a property owner, you are probably wondering what should be done about medical bills and the justice aspects of the case. At our firm, we pride ourselves on our extensive experience in personal injury cases. Our Personal Injury Attorneys fight for maximum compensation for our clients in all premises liability cases. Consult with our premises liability attorney to find out what is the best course of action for you to take. With a review of the circumstances surrounding your case, we will advise you how to move forward with your claim.