When you have suffered an injury on the property of another, you may have the legal right to financial compensation. First, you need to prove that the property owner, or the person who had control of the property at the time of your injury, violated the duty of care they owed you.
Premises liability lawsuits are not easy because you are dealing with an insurance company, making it harder to get the money you deserve.
When you hire a Dallas premises liability attorney at Bennett Legal for your case, you get a tenacious and tough litigator in your corner every step of the way. We will work to bring justice and accountability for your injuries by fighting for your full financial compensation.
Our firm represents clients injured in retail stores in NorthPark Center, apartment complexes in Uptown, and construction sites across the DFW Metroplex.
All you need to do is reach out to us to schedule a free initial consultation.
You never need to pay for our legal services unless you receive compensation for your injuries. Then, we receive a portion of the proceeds from the settlement check, meaning that you do not have a financial risk when you hire a premises liability lawyer for your case.
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining safe conditions on their property. When someone suffers an injury due to a hazardous condition—like a wet floor, broken stairs, or poor lighting—they may have the right to file a premises liability claim against the person or entity in control of the property.
These cases typically arise when a visitor, customer, tenant, or even a trespasser suffers an injury because the property owner failed to address or warn about a dangerous condition.
Common examples of premises liability accidents include slip-and-falls, trip-and-falls, dog bites, elevator or escalator malfunctions, and injuries because of negligent security.
Because premises liability law involves detailed legal standards and evidence, injured parties need to speak with an experienced personal injury attorney.
A lawyer can help determine if the property owner was negligent and build a strong case to pursue full and fair compensation. Whether the injury occurred in a store, apartment complex, parking lot, or private home, premises liability law ensures victims have a path to justice.
Winning a premises liability case requires proving that a property owner or occupier was negligent in maintaining a safe environment and that their negligence directly caused your injury. This proof involves several legal elements that require solid evidence and a strong legal strategy.
First, you must establish that the property owner owed you a duty of care. This duty varies depending on your legal status on the property—whether you were an invitee (like a customer), a licensee (like a social guest), or a trespasser.
After you establish your relationship to the property owner, you must prove that the owner breached that duty by allowing a dangerous condition to exist, failing to fix it, or failing to warn you. Examples include ignoring spills, not repairing broken stairs, or not posting warning signs.
Next, you must demonstrate causation and show that the hazardous condition directly caused your injury. Medical records, photographs of the scene, and witness statements can help establish this link.
Finally, you must prove damages, such as medical expenses, lost earnings, pain and suffering, and other losses.
In a premises liability case, the defendant is typically the person or entity that owns, leases, occupies, or controls the property where the injury occurred. This party is facing accusations of failing to maintain the property in a reasonably safe condition, leading to the plaintiff’s injury.
Common defendants in premises liability cases include:
To be liable, the defendant must have had control over the property and a legal duty to keep it safe for visitors. The plaintiff (injured party) must prove that the defendant knew or should have known about the hazardous condition and failed to fix it or warn visitors in a reasonable amount of time.
In some cases, there may be multiple defendants, such as a landlord and tenant or a property owner and a maintenance company. It is in your legal interests to name all possible defendants in your lawsuit. Doing this allows you to access multiple insurance policies and sources of assets that can pay for your injuries. Your premises liability lawyer will conduct a complete investigation of what happened and learn of everyone who may have been responsible, holding each of them accountable in a lawsuit.
How to Prove a Premises Liability Claim
To successfully prove a premises liability claim, you must show that the property owner or occupier was negligent in maintaining safe conditions and that this negligence caused your injury. In legal terms, this means establishing four key elements: duty of care, breach of duty, causation, and damages.
You are the one who must carry your burden of proof in a premises liability case. You need evidence sufficient to show the insurance company or a jury that someone else failed to uphold the duty of care they owed you.
However, it may be challenging to come up with the evidence yourself, especially when you are dealing with physical injuries. Further, some of the evidence you need may be in the defendant’s possession, meaning you can only obtain it once you reach the discovery phase of your lawsuit.
A premises liability attorney at Bennett Law pulls out every stop to help you get the evidence you need to win.
We can use the following to win your case:
In a premises liability case, “damages” refers to the financial compensation an injured person may recover for losses resulting from a property owner’s negligence. These damages will make the victim whole again and cover economic and non-economic harm.
Economic damages include tangible financial losses such as:
Non-economic damages address the intangible effects of your injury, such as:
In rare cases involving extreme negligence or intentional misconduct, punitive damages can punish the defendant and deter similar conduct.
The total value of a premises liability claim depends on the severity of the injury, the long-term impact on your life, and the strength of the evidence linking the hazardous condition to your harm.
An experienced premises liability attorney can help you calculate a fair value for your claim, gather supporting documentation, and fight for full compensation through negotiation or litigation.
The insurance company plays a central role in a premises liability case because most property owners carry liability insurance to cover injuries that occur on their property. When you file a claim for an injury caused by unsafe conditions, the property owner’s insurance company typically becomes the main party responsible for handling your claim.
Insurance companies will investigate the incident, review evidence, and determine whether their insured (the property owner) is legally liable for your injuries. They will assess the extent of damages you are claiming, including medical bills, lost earnings, and pain and suffering.
Insurance companies often aim to minimize their payouts to protect their financial interests, leading to low settlement offers or attempts to deny claims altogether. Thus, having an experienced premises liability attorney is essential. Your lawyer can negotiate with the insurance company on your behalf, challenge unfair practices, and push for a fair settlement.
The insurance company will defend the property owner in court if negotiations fail. Understanding the insurance company’s role throughout the process helps you prepare for the challenges ahead and better protect your rights.
If you have suffered an injury on someone else’s property due to unsafe conditions, you may have the legal right to compensation through a premises liability claim. The legal process typically begins with a consultation with a personal injury attorney, who will evaluate the circumstances of your case and determine whether the property owner or occupier is legally responsible.
Once your attorney takes on your case, they will thoroughly investigate. This process includes gathering evidence such as photographs of the hazardous condition, witness statements, incident reports, medical records, and possibly surveillance footage. Your lawyer may also consult expert witnesses to establish the property owner’s negligence and the extent of your injuries.
Next, your attorney will submit a claim to the property owner’s insurance company. In many cases, negotiations take place to reach a settlement. If the insurance company refuses to offer fair compensation, your lawyer may file a personal injury lawsuit in civil court.
Of course, you can always begin your lawsuit in court and skip filing with the insurance company entirely. Your premises liability lawyer will advise objectively on the best place to start your case.
Both sides exchange evidence through discovery during litigation, and the case may proceed to mediation or trial. At trial, your premises liability attorney will present your case to a judge or jury, who will determine whether the defendant is liable and, if so, how much compensation you should receive.
Our goal at Bennett Law is to secure compensation for your medical expenses, lost earnings, pain and suffering, and other related damages throughout the process. With skilled legal representation, you can handle the legal system and pursue the recovery you deserve.
By retaining a premises liability lawyer, you gain a legal advocate and strategic partner who will tirelessly protect your interests. From negotiating with insurance companies to representing you in court, an experienced attorney will uphold your rights throughout the legal process.
If you have suffered an injury due to unsafe conditions on someone else’s property, do not wait to get the legal help you need.
At Bennett Law, our experienced premises liability attorneys will fight for the compensation you deserve. We understand the complexities of Texas law and will work tirelessly to hold negligent property owners accountable. Let us handle the legal process while you focus on recovery.
Call Bennett Law today at (972) 972-4969 for a free consultation and take the first step toward justice.
