When you’re on someone else’s property, you expect it to be completely safe and not cause you any harm. Unfortunately, sometimes other people don’t take proper care of their property, and it can become unsafe. If you fall victim to their unsafe premises, you could suffer injuries and further damages.
You might think that if you get hurt on someone else’s property you can definitely take legal action against them, but the law can get complicated and you might not be able to hold them responsible, depending on what they’ve done to keep the premises safe. If you’ve been injured on another’s property and are not sure what actions you can take, you could use the help of our Dallas, TX premises liability lawyer.
At Buckingham Barrera Vega Law Firm, we understand that you’re focusing on healing from your damages and might feel intimidated by filing a claim. That’s why we’re here to guide you through the process and ensure you have the strongest case possible.
Texas Premises Liability Laws
After suffering an injury on someone else’s property in Dallas, Texas, you should know what premises liability laws exist in our state. That way, you can determine whether or not the property owner was breaking the law when they caused your injuries. One of the key parts of Texas premises law is what kind of visitor you were on the property.
Here are the different types of visitors that determine what level of duty of care the property owner owes them:
- Invitee. An invitee is a person who has gotten a direct or implied invitation onto the property. This also applies to members of the public who come onto the property as it is open to the public for an express purpose. For example, if a person goes into a clothing store to browse their clothing selection, they would be an invitee.
- Licensee. A licensee has the permission to be on the property but hasn’t gotten an express or implied invitation like an invitee has. They are not on the premises for business, and they are not under contract—they are just on the property because they are allowed to be. An example of a licensee would be a neighbor coming over to your house unexpectedly.
- Trespasser. Finally, a trespasser is a person on the property without the legal right to be there. They have not been invited, and they do not have permission to be on the property in any way. They also are not there to conduct business, like buying goods from the store. An example of a trespasser is someone who is breaking and entering on the property.
It can be difficult to determine which kind of visitor you were on someone’s property when you got injured, but it’s vital information. Once that is determined, your lawyer will use that detail to decide what level of care the property owner owed you.
In general, a property owner owes a reasonable duty of care to both invitees and licensees, but they do not owe that duty to trespassers. More specifically, they are legally required to keep an invitee reasonably protected from any dangerous conditions on the premises. For licensees, property owners must make sure their premises is reasonably safe, or must warn the licensee of the danger.
One of the main disputes regarding Texas premises liability law surrounds the use of the word “reasonably.” The other party could argue that they did reasonably protect you, or their property was reasonably safe, which is why you need the help of an attorney to ensure they can’t use that as an out. Our Dallas, TX premises liability lawyer is here to examine what happened and hold the other party accountable for their actions or inaction where applicable.
Common Premises Liability Accidents
After your injury on someone else’s property that you were allowed to be on, you might be wondering if the accident that caused you harm is something that we see often at our firm. Finding the cause of what happened is one of the integral parts of your claim, which is why we’ll ask you what kind of accident you were in. From there, we can determine who was at fault and how it caused your injuries.
Here are the different types of premises liability accidents we see at Buckingham Barrera Vega Law Firm in Texas:
- Slip and Fall. When there is water on the floor, loose carpet, or another uneven surface that causes you to slip or trip, you could fall on the ground and suffer injuries.
- Elevator Accidents. Elevators and escalators are designed to safely get you to another floor, but when they’re not inspected regularly or maintained properly, they can cause you harm when they malfunction or break.
- Snow or Ice. Property owners are expected to clear snow and ice from walkways so that visitors do not slip and fall while walking on their sidewalks or other property.
- Pool Accidents. Pools are fun to have on private property but can also be dangerous when you’re not vigilant. Drownings and other injuries can easily happen when people aren’t careful.
- Negligent Security. If a property owner doesn’t have the proper security and that leads to you getting injured, then you could hold them accountable for negligent security.
If you don’t see the type of accident you were involved in listed above, then you still might have a claim against the person responsible for the premises. You might have questions about whether or not your accident on someone else’s property is eligible for a legal claim, a Dallas, TX premises liability attorney from our firm can answer your questions and help you determine what options you have.
What You Can Recover in Compensation in Dallas
Once your status as a visitor is established, and your lawyer investigates what happened and who was at fault, the next step will be calculating how much you’re owed in damages. The property owner and their insurance company will likely push you to settle for less than you deserve, but they will make it seem like they’re giving a fair offer.
That’s why you need a Dallas, TX premises liability lawyer from Buckingham Barrera Vega Law Firm on your side—we look at all the evidence so that we can get a fair number of what you’re owed in compensation so that we can ensure you don’t settle for less than you deserve.
Typically, your attorney will be able to recover two types of damages from your accident. The first kind are economic damages, which are the physical damages you suffered. Your lawyer will use documentation like your medical bills, repair costs, lost wages, and any future costs you’ll have from your injuries to calculate what you should recover.
The other kind that we typically see in these kinds of accidents is noneconomic damages. These are the more abstract costs, like pain and suffering and loss of enjoyment of life. These can be harder to calculate, but an experienced lawyer from our firm isn’t intimidated and will be able to determine what you’re owed.
In rare cases, it’s possible that you could also recover punitive damages. These are to punish the negligent party and deter them from making these mistakes again. However, you can only recover punitive damages when there was gross negligence involved.
If you have questions about the kinds of damages that are involved in your case, and whether or not punitive damages apply, your Dallas, TX premises liability lawyer from our firm can answer all of your questions. We’re experts in premises liability law and will fight to get you full and fair compensation for what you’ve experienced.
Buckingham Barrera Vega Law Firm Will Fight for You
Being injured on someone else’s property can leave you feeling like you don’t have any options. Or if you do know you have options, you might be too intimidated to go up against a property owner and their insurance company. That’s where we come in.
At Buckingham Barrera Vega Law Firm, we are dedicated to our clients and standing up for them when someone else has caused them harm. The property owner should be held accountable for their negligence, which is why our Dallas, TX premises liability lawyer is here to represent you. Reach out to our office today so we can schedule a free consultation.