Premises liability cases cover a wide range of situations in which people are injured or suffer a wrongful death on a commercial or residential property. Slip and fall injuries such as back, hip or spine injuries when a customer slips on a wet floor that lacks signage to warn customers of slippery conditions at a store, club, salon, restaurant, etc.
Trip and fall injuries such as bone fractures when a hotel guest trips on cleaning supplies left in a hallway or a rug that is frayed or bunched up in front of a door.
Dog bites from a dog that is not adequately restrained on its owner’s property.
Head and body injuries by falling merchandise at a warehouse or store.
Suffering a bodily injury from a malfunctioning elevator or a door with a broken closing device.
Being sexually assaulted because a hotel did not provide adequate security.
Dram Shop liability because a restaurant or Bar served its customer drinks until he was intoxicated and then the customer drove and injured a person.
“Premises Liability” refers to accidents that occur due to the negligent maintenance, operation or design of a property owned by someone other than the accident victim. This includes claims against a landlord on behalf of a tenant or against the landowner for injuries suffered by an individual who was lawfully on the property.
The term “Premises Liability” encompasses a wide range of situations that cause injury and gives rise to liability. A slip and fall due to a wet or defective floor may be actionable against a landowner or a landlord. Other examples include claims for inadequate security, lighting or the failure to properly maintain railings, porches or stairs.
For a plaintiff (the injured person) to be successful in an action against a landowner, the plaintiff must prove the following:
1. There was a condition of the defendant’s (landowner) property which presented an unreasonable risk of harm to persons on the premises;
2. the defendant knew, or in the exercise of ordinary care should have known that the condition of his property involved an unreasonable risk of harm to persons on the premises;
3. the defendant should have anticipated that persons on the premises would not discover or realize the danger, or would otherwise fail to protect themselves against it;
4. the defendant was negligent;
5. the plaintiff was injured;
6. the condition of the defendant’s property was a cause of the injury to the plaintiff.
One of the more difficult elements for a plaintiff to prove is that the defendant knew or should have known of the dangerous condition. It is not necessary to prove that the landowner knew or should have known of the dangerous condition if there is evidence that the dangerous condition was created by the defendant, its agents (employees) or their activities. In such cases, the landowner has a duty to exercise ordinary care for the safety of those lawfully on the property.
Dr Shezad Malik Law Firm, is a full-service law firm offering skilled legal representation for people bringing cases for serious or catastrophic injuries that they have suffered on dangerous premises.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous and defective drugs, bad product, toxic injury etc then please contact the Fort Worth Texas Slip and Fall Accident Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 888-210-9693 or Contact Me Online.
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