Premises Liability

Premises liability cases involve personal injuries caused by defects or dangerous conditions on the premises of a business or another person.  Problems such as defective handrails and staircases, defective stairways, defective protective gratings, dangerous or unmarked holes, broken steps, broken or uneven concrete, slippery floors and trip hazards pose serious risks to tenants and guests.

Injuries from premises defects can be devastating.  They can include brain injuries, broken bones, internal injuries, sprains, contusion and bruises, and even quadriplegia and paraplegia.  Some of these injuries may require only bed rest; others can necessitate surgery.  Some of these injuries can impact a person’s entire life.  

The construction and maintenance of apartments, hotels, office buildings, public buildings and other premises are governed by building and safety codes which require that the property meet or exceed certain standards.  Often, building managers or landowners fail to comply with these codes, often times to save money.  These negligent acts pose serious safety hazards.  Sometimes these codes are simply ignored while at other times, these codes are updated to address safety concerns and the landowners fail to bring their property up to new standards.  Premises experts such as architects, engineers and safety personnel are employed in part to examine the premises to expose these code and safety violations.

Oftentimes previous complaints about the defective premises go unaddressed until an injury occurs and a claim or litigation is instituted.  Investigators and other experts are often employed by attorneys to research and discover the prior history of a property regarding complaints of unsafe conditions.

The type of insurance on the property is of concern when a person brings a claim for damages.  An attorney must discover all policies that might pay for an injured person’s injuries especially when those injuries are severe.  Policies might be carried by the property owner, the landlord or management company or a third party that is responsible for creating the dangerous condition.

The relationships of the various owners, managers, contractors, subcontractors and tenants of the property are also issues to consider in a premises liability claim or action.  Blaming between mutual landowners or between a building owner and lessee is common. Their written agreements are also important in determining who has primary responsibility for defective conditions of the property.

Devastating incidents commonly occur at schools, shopping malls, grocery stores, government buildings, commercial facilities, theatres, apartments, hotels and even private homes.

The ways people are injured at other’s premises and the liability that stems from them are numerous and varied. Visitors can suffer devastating injuries by:

  • Falling down broken stairs, 
  • Slipping on wet surfaces, 
  • Drowning in a swimming pool, 
  • Getting burned in a fire or explosion, 
  • Suffering lacerations from broken glass, 
  • Getting bitten by a dog, 
  • Suffering injuries from a roof cave-in
  • From being raped, robbed, mugged or assaulted because of inadequate security. 

Dangerous conditions can exist in all kinds of buildings and also in common areas and areas outside of building.  Injuries conditions on premises can include:

  • Drownings and injuries in pools and hot tubs;
  • Electricity and Electrocution;
  • Floors that are slippery because of things that are on them or because they are inherently slippery;
  • Gratings that are defective;
  • Handrails that are defective;
  • Holes that are unmarked or hidden;
  • Railings that are not properly secured or maintained;
  • Slip and Fall;
  • Sidewalks that are defective;
  • Staircases that are defective; Holes that are uncovered holes;
  • Stairways that are defective;
  • Steep embankments or embankments that give way;
  • Steps that are broken or uneven;
  • Walkways and paths that are uneven or containing tripping hazards;
  • Work-out and exercise rooms that have dangerous conditions or equipment

What to Do After an Accident on Someone Else’s Property

If you have been injured at a hotel, an apartment or on anyone else’s property, there are several steps you should take to ensure that your legal rights are protected.

You should file a written report with the property owner or manager and then obtain a copy of that report from them indicating that you have given them the report.  You should deliver the notice with a witness.  Filing such as report not only gives them notice of the injury, it also documents the date, time and manner in which the injury occurred.  It can also allow them to remedy the dangerous condition so that no one else gets injured on the premises.  

Take high quality photos of the scene where the incident occurred and make sure they are taken before the condition is repaired. Do this as soon as possible.  For example, if you tripped on a broken staircase, make sure you take photos of the broken area as well as photos near there.  If you can take images with a date and time stamp, that is ideal.  The dangerous condition may be repaired right away and you may lose a valuable piece of evidence.  The premises manager might try to get the property fixed and even deny that the premises were dangerous.  Photos and a witness can ensure this doesn’t happen; they’re less likely to try and argue the dangerous condition didn’t exist if you have photos and a witness.

We Have Been Advising and Helping Injured Texans Since 1991 – Premises Liability and Personal Injury Attorneys – The Law Offices of Adrian Crane – Serving all of North Texas including Dallas, Plano, Garland, Irving, Grand Prairie, Mesquite and Carrollton.

Obtain contact information (full name, address, work, home and cell phone numbers) for anyone who may have witnessed the incident.  This is especially important when the witness isn’t a friend or relative.  Many people move every year so a neighbor who was a witness might be hard to contact without a cell phone number.  It certainly helps bolster your case when you have another person who can corroborate your account of the injury.

Do not sign any documents before talking to an experienced Texas premises liability lawyer who is working on your side.  Doing so may jeopardize or even end your claim. When you accept a settlement agreement, your case ends and you will be unable to claim any future damages, compensation or reimbursement for expenses that are related to your injuries.

If you or a loved one has suffered any kind of an injury at a hotel, apartment, school, restaurant or at any other kind of premises as a result of the negligence or recklessness of another, you owe it to yourself and your family to hire an attorney who specializes only in representing injured victims.  Contact an attorney at The Law Offices of Adrian Crane by calling or contacting us through the case evaluation form located on this website.

For your convenience, we offer home, hospital, office and nursing home visits.  Our team of professionals at The Law Offices of Adrian Crane will provide you with the experience, strategy and commitment that protect your rights and claims.

At our personal injury firm, you speak directly with an attorney, not just secretaries and paralegals.  A Spanish-speaking attorney and staff members are available for your assistance. Se habla Español.

Attorneys associated with The Law Offices of Adrian Crane handle cases across the state of Texas.  Our principal office in North Texas is in Dallas however we are happy to welcome cases from anywhere in Texas, regardless of where you live or where the accident took place.

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