Mesquite Premises Liability Attorney

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Premises Liability

What is premises liability? In Texas, when a guest is injured on someone’s property due to a dangerous condition that the owner knew about (or in some cases, should have known about), but failed to remedy, you have a premises liability case. Most often premises liability cases occur at someone’s home or place of business. Premises liability sometimes involves proving negligence, but it is not the same as a negligence case.

How does premises liability differ from negligence?

Premises liability sounds a lot like negligence because it involves a finding of negligence, but there are more elements to prove for premises liability cases. See below for a general comparison of the two theories of recovery.

Negligence elements

  • The plaintiff owed the defendant a duty of care
  • The plaintiff breached that duty of care
  • The defendant was injured as a result of that breach

Premises liability elements

  • A dangerous condition existed on the property
  • The defendant knew or should have known (depending on the type of guest) about the dangerous condition
  • The defendant did not remedy the danger or warn the guest about the danger
  • The plaintiff was injured as a result of the dangerous condition

So here is where it gets sticky. In Texas, if you bring a negligence claim and it should have been brought as a premises liability claim, you may wind up with no recovery at all even though the defendant was at fault for your injuries. Yes, this has in fact happened. But if your claim is a true negligence claim, proving negligence is probably easier than proving premises liability because there are fewer elements. It sounds confusing because it is, especially if you are not a premises liability expert and you have not hired a premises liability attorney. If you have been injured on someone else’s property, do not try to sort through the legal red tape yourself. Contact Mesquite premises liability attorney, Dorothy Hyde, to schedule a consultation.

Common premises liability cases

There are many types of premises liability cases, but the cases we most frequently see include the following:

 

  • Slip, trip, and fall due to a dangerous condition
  • Dog or other domestic animal bites
  • Inadequate maintenance creating dangerous conditions
  • Poor security resulting in injury
  • Swimming pool accidents

Additionally, premises liability cases do not always involve a permissive guest. Generally a property owner does not owe a duty of care to a trespasser, but there are some exceptions such as a child who is not old enough to understand and appreciate the concept of trespass or potential dangers.

Handling a premises liability (or negligence case) on your own can be very difficult because the law is complicated, but it is not complicated for our premises liability experts at The Law Office of Dorothy Hyde. We are knowledgeable and experienced and have been successful in achieving compensation for our clients in negligence and premises liability cases. If you were injured as a guest on someone else’s property due to unsafe conditions, contact Mesquite premises liability attorney, Dorothy Hyde, so she can help you secure the compensation you deserve for your injuries and damages.

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