Premises Liability Attorney in Fort Worth
From retail stores to backyard birthday parties, property owners owe a legal duty to keep their properties safe for lawful visitors. Failure to uphold this duty may lead to legal liability in the event of an accident. Accident victims should not hesitate to speak to a premises liability attorney.
One of the Best Premises Liability Lawyers in Fort Worth
If you were injured on someone else’s property, The Wilhite Law Firm is ready to evaluate your case and fight for the compensation you deserve. Our Fort Worth premises liability attorneys are a phone call away. Contact us today for a free consultation.
What Is Premises Liability?
Premises liability claims are a legal route to compensation for injuries sustained on another person’s property. As a specialized kind of negligence action, a premises liability claim is based on the idea that we owe a duty to keep properties under our control safe for lawful visitors. When failure to uphold this duty leads to injuries, the responsible party may owe the injured visitor legal compensation.
Common Causes of Premises Liability Accidents
All premises liability cases are characterized by injuries sustained on property owned by someone other than the victim. That said, hazards that give rise to premises liability vary widely from case to case. Common hazards include:
- Slippery floors
- Loose carpeting or tiles
- Faulty electrical wiring
- Stray power cords
- Unguarded swimming pools
- Poorly maintained handrails and guardrails
- Unsafe parking lots
- Inadequate security
- Poorly lit stairwells
- Unmaintained elevators
- Falling merchandise
- Unrestrained dogs and other animals
Common Premises Liability Injuries
Injuries sustained in premises liability cases vary as widely as the hazards that give rise to them. Common injuries include:
- Broken bones
- Back and neck injuries
- Internal bleeding
- Internal organ injuries
- Lacerations and puncture wounds
- Strains, sprains, and bruises
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Nerve damage
- Burns
- Drowning
- Emotional distress
- Wrongful death
How Do I Prove Premises Liability?
Though property owners owe a general duty to keep their properties safe for visitors, the duty varies based on the owner’s relationship with each visitor. In Texas, visitors fall into one of three categories:
- Invitees – An invitee is someone expressly or implicitly invited onto a property for the owner’s benefit. For example, customers in commercial establishments like restaurants and grocery stores are implicitly invited in to dine and shop. Property owners owe the highest duty of care to invitees and must protect them from hazards they knew about or should have known about.
- Licensees – A licensee is someone with permission to enter another’s property for their own benefit. For example, friends invited to a private dinner party are normally considered licensees. Property owners must warn licensees of known hazards.
- Trespassers – A trespasser is anyone who enters another’s property without permission. Property owners owe trespassers a minimal duty of care and will only be held liable for intentional injuries. However, there exists an important exception for trespassing children enticed onto the property by “attractive nuisances” — for example, an unguarded pool that presents a risk of drowning.
Can Someone Other Than the Property Owner Be Liable?
Yes. Though premises liability cases tend to focus on the owner of the property on which the accident occurred, other parties can also be held liable. For example, property management and maintenance companies may be responsible for accidents that occur in areas under their supervision. Similarly, though landlords may be liable for accidents that occur in apartment common areas, tenants would be liable for those that occur in areas under their control.
Our premises liability lawyers are ready to investigate your case and determine all potential sources of liability. Call today for a consultation.
Compensation Available Through a Premises Liability Lawsuit
The compensation available through a personal injury lawsuit is much the same as that available in any other personal injury case. An experienced premises liability attorney can help you pursue compensation for:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral and burial expenses
- Damaged personal property
What Is the Deadline for Filing a Premises Liability Lawsuit?
In most cases, you have two years from the date of the accident to file a lawsuit against the property owner and any other liable parties. If you miss this deadline, your case will most likely be dismissed in court, thereby eliminating your chance to recover compensation through a lawsuit. The best way to avoid this result is by bringing your case to a Fort Worth personal injury attorney as soon as possible.
What Should I Do After a Premises Liability Injury?
Victims are often left frustrated and disoriented after suffering premises liability injuries. If you have been injured on someone else’s property, take the following steps to protect your right to compensation:
- Report the Accident – You should report the accident to the relevant authority as soon as possible. The “relevant authority” will vary from case to case. If the accident happens on commercial property, report the accident to management. If on private property, report to the property owner. Ideally, your report will be evidenced in writing — for example, an email, letter, or text message.
- Document the Scene – Visually document your injuries, the spot where you were injured, any nearby hazards, and surveillance equipment that may have captured the moment you were injured. Photographs and videos will likely become important evidence in your case. Consider writing down as much as you remember about the accident while it is still fresh on your mind.
- Identify Witnesses – Be sure to collect the names and contact information of any witnesses to your accident.
- Seek Medical Attention – Seek medical attention as needed. Some accidents demand immediate attention, whereas others are less urgent. In all cases, do not underestimate your injuries. Remember to thoroughly describe your pain and suffering to your doctor so that it may be included in your treatment records. Ultimately, these records will serve as key evidence in proving your injuries and calculating your compensation.
- Beware of Insurers – Exercise caution when speaking to at-fault parties and any insurers. Do not admit fault, give recorded statements, or accept any settlement offers before speaking with an attorney.
- Consult With an Attorney – Hire a premises liability attorney to explain your options and defend your right to compensation.
Contact Our Fort Worth Premises Liability Attorneys Today
Property owners a legally obligated to keep their properties safe for lawful visitors. If you have been injured due to hazards on someone else’s property, you may be entitled to compensation and should not wait to speak to an attorney. Call the Wilhite Law Firm today for a free consultation with a Fort Worth premises liability lawyer.
