Fort Worth Premises Liability Attorney

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Premises Liability

Premises liability cases involve a landowner’s or business’s duty of care to people who enter their properties. Property owners and businesses have a duty to keep visitors safe from dangerous conditions on their properties. Premises liability cases arise when visitors are injured on someone else’s property as a result of the owner or business breaching its duty of care to the injured party.

Common premises liability cases

  • Dog or other animal bites – A landowner has a duty to keep people on his or her property safe from domestic animals such as dogs or cats. Generally they are not liable for wild animal bites or attacks unless the plaintiff can show that the landowner knew about the dangers and negligently failed to warn or take adequate measures to protect the plaintiff.
  • Slip and falls – Slip and falls are common premises liability cases and are often due to conditions such as snow, ice, water from mops, spilled liquids that have not been cleaned up, and unexpected/unknown obstructions causing people to slip or trip and fall.
  • Negligent security – Negligent security cases often occur at businesses and common scenarios are customers or clients being attacked on the way to their car in a dark parking lot. Businesses’ duty of care includes providing adequate security for their customers, especially if it is a place people visit after dark where they are likely to be harmed.
  • Inadequate maintenance – These cases occur when someone is injured as a result of poor property maintenance such as a broken stairs, sidewalk cracks and crumbles, or other dangerous conditions that have not been remedied.
  • Swimming pool accidents – Swimming pool injuries may involve drowning or near drowning, spinal and head injuries from diving in shallow water, and other injuries due to inadequately maintained pools. Swimming pools are known as an “attractive nuisance” which means that owners should be aware that their pools are likely attractive to other people, especially children who cannot comprehend the dangers of the pool. Owners have a duty to take appropriate measures to protect those that may be injured, such as a locked fence around the pool.

Defenses to premises liability cases

There are several defenses that defendant property owners and businesses often raise in premises liability cases. See below for an explanation of some of them:

  • Assumption of risk – This defense provides that the plaintiff was aware of the risk and rather than avoiding the risk, he or she disregarded (or assumed) the risk and was injured as a result.
  • Statute of limitations – If it has been a long time since the injury or accident occurred and the statute of limitations has run on a premises liability case, the defendant will raise this defense and seek dismissal of the case.
  • Plaintiff’s negligence – A common premises liability case defense is that the plaintiff’s negligence was the cause or a partial cause of his or her injuries and therefore, the defendant is not responsible for injuries that were caused by the plaintiff’s own negligence.
  • Criminal’s fault – In negligent security claims defendants often raise the defense that it was not their negligence that caused the injury, instead it was the fault of the criminal who attacked the plaintiff.

If you have sustained injuries at a business or on someone else’s property, contact Fort Worth premises liability attorney, Dorothy Hyde, to schedule a consultation. If you have been injured due to a property or business owner’s negligence, you deserve to be fully compensated for your injuries and our premises liability team will work to see that we get your there.

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