Have you or a family member ever suffered harm or injury due to unsafe conditions on someone else’s property? These situations fall under what is known as premises liability, a specific branch of civil liability. It refers to the legal obligation of a property owner, manager, or entity to maintain safe conditions and to answer for injuries or losses caused by negligence, lack of maintenance, or failure to correct dangerous hazards on their premises.
Unlike cases that seek criminal punishment, premises liability focuses on accountability, awareness, and compensation for the victim. Compensation may include coverage for medical expenses, economic losses, pain and suffering, and other damages depending on the circumstances.
Javier Perez and his legal team are committed to guiding and supporting individuals injured on unsafe properties. Whether your accident occurred in a private residence, business establishment, rental property, parking lot, or public building, you deserve to understand your rights. Learn more about premises liability and how these cases work.
What is premises liability?
Premises liability is based on the legal principle that property owners and occupiers must keep their premises reasonably safe. If they fail to do so and someone is injured as a result, they may be held responsible.
This includes:
- Failure to repair hazardous conditions
- Failure to warn visitors of dangerous areas
- Poor lighting or inadequate security
- Lack of maintenance
- Hazardous flooring or structural defects
Nuestro Campeón, Javier Perez, understands the challenges that victims face and has extensive experience handling these types of cases.
Common types of premises liability cases
Premises liability cases can encompass various situations. Nuestro Campeón, Javier Perez, understands the types of cases his clients may face. These include:
- Slip and fall accidents due to wet floors, leaks, or spilled substances in stores, restaurants, offices, or private properties.
- Trip and fall accidents caused by uneven flooring, broken steps, torn carpets, or poorly designed walkways.
- Inadequate lighting that prevents guests from safely navigating staircases, corridors, parking areas, or hallways.
- Lack of proper security, leading to assaults, robberies, or violent incidents in apartment complexes, hotels, or commercial premises.
- Falling objects, such as merchandise falling from shelves or defective structures collapsing.
- Poorly maintained sidewalks, parking lots, or common areas belonging to private or commercial property owners.
- Dog bites or animal attacks occurring within a home, apartment complex, or business establishment.
These situations occur when a property owner, manager, or tenant fails to correct a dangerous condition or fails to warn visitors, resulting in preventable injuries.
Possible injuries and consequences
Premises liability accidents can lead to physical, psychological, and financial consequences that significantly affect the victim’s daily life.
Physical injuries
- Fractures
- Sprains and torn ligaments
- Burns
- Spinal injuries
- Head trauma
- Cuts and bruises
Many of these injuries require surgery, rehabilitation, physical therapy, or long-term treatment.
Psychological and emotional injuries
- Anxiety
- Depression
- Post-traumatic stress
- Insomnia
Economic consequences
These include medical bills, rehabilitation costs, lost income, reduced work capacity, and long-term disability. These consequences affect not only the victim but also their family.
Impact on personal and family life
Daily routines may be disrupted due to decreased mobility, chronic pain, or the need for permanent care. These changes can alter family dynamics and reduce independence.
Compensation Available in Premises Liability Cases
Each case may be entitled to different types of compensation. These are some compensations typically granted to victims in civil liability cases:
- Medical expenses. Everything related to the victim’s health, such as hospitalization, surgeries, medical appointments, transportation, medications, rehabilitation, or other necessary care.
- Loss of income. The injured person may request compensation for lost wages resulting from the injury or disability caused by their civil liability case.
- Pain and suffering. Compensation may be awarded for the victim’s pain and suffering, covering the physical and emotional consequences caused by the accident or harm.
- Material damages. Compensation for repairing or replacing damaged property, such as vehicles, homes, personal objects, among others.
Legal process in a premises liability case
Information is key to knowing how to act when faced with these unexpected situations. For that reason, if you are facing a premises liability case, it is important to understand how the process works. Of course, each case is personalized and may involve different stages.
Some usual processes in these types of cases include:
- Initial case evaluation: The process begins with understanding your case, its details, and all relevant information. At Javier Perez Law, we offer a free case evaluation.
- Evidence collection: After reviewing your case, we reach a very significant stage that will help solidify it: gathering evidence. Medical reports, photographs, testimonies, contracts, and any other type of evidence that strengthens your case are collected to demonstrate the responsibility of the accused party.
- Negotiation with the responsible party or insurers: Before initiating a trial, the negotiation stage begins. The lawyer will attempt to seek an agreement that allows you to obtain fair compensation without undergoing a lengthy legal process.
- Filing the lawsuit: If a fair agreement is not reached, the lawsuit is formally filed before the appropriate court.
- Trial and resolution: During the trial, evidence is presented, and the case is argued. The judge or jury will decide the liability of the parties and the amount of compensation.
- Enforcement of the judgment: Once the court issues a resolution, the lawyer will ensure that the responsible party complies with the court’s order, including payment of compensation.
Why hire a premises liability lawyer?
If you are unsure whether hiring a lawyer is the best option, consider the following benefits:
Specialized legal knowledge: Premises liability cases demand an understanding of local regulations, building codes, safety standards, and legal definitions of negligence. Misinterpreting these details could weaken your case.
Protection of your rights: A lawyer like Javier Perez becomes your advocate, guiding you through the process and defending your rights.
Accurate calculation of compensation: An experienced lawyer evaluates medical, financial, emotional, and long-term damages to determine fair compensation.
Handling deadlines and legal procedures: Premises liability cases involve strict timelines. Your lawyer ensures that documents are correctly submitted and deadlines are met.
Negotiation with insurance companies: Insurers often try to minimize payments. Your lawyer advocates for a fair agreement based on the true extent of your damages.
Do you have a premises liability case in Dallas, Texas?
Call us today at 214-499-0667 or send a message to [email protected]. Schedule your free consultation now and allow us to assist you with your premises liability case.