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.
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.
Premises liability elements
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.
There are many types of premises liability cases, but the cases we most frequently see include the following:
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 Offices 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.
Our law firm doesn’t take personal injury cases lightly. Attorney Dorothy Hyde is the resident barracuda of Dallas — fearless and unrelenting, she doesn’t stop until she obtains the best outcome and maximum compensation for her clients. Choose us and you’ll have an apex predator with years of trial experience and negotiating skills to bring your case to a successful conclusion.
We help personal injury victims receive the financial compensation they need for full recovery. We are a voice for personal injury victims and help them get their life back on track.
After I was severely injured, I didn’t know what to do next. One of my colleagues recommended reaching out to Dorothy for representation. When I finally did, I didn’t regret my decision — I received tremendous support and she treated me like family. She brought the best outcome and I’m amazed at the passion she brings into her work. I would recommend her services without any reservation.
I’ve always known that I needed an insurance policy to protect me if I got into a car accident. But when I got involved in a car crash, I realized how important it is to have a lawyer protect me from my insurance company! This firm settled my case really quickly and delivered excellent results. Dottie secured a fair and equitable settlement, and I’d recommend her to anyone in need of good counsel and representation.
Thank you for bringing my claim against the construction company to a successful conclusion. You made the process less intimidating and made me feel like the struggle I had to endure was valid. It has helped me cope with a lot of post-accident challenges differently. You were more than I expected — thanks again.
There is no denying that helmets save lives and prevent major injuries in motorcycle accidents, yet there is no requirement in Dallas that says motorcyclists must wear one. That may change. Texas Representative Victoria Neave (D-Dallas) has introduced a bill that would make helmet wearing a requirement for all motorcycle riders in the state. In […]
We expect our leaders to be responsible, examples that show the community the correct way to do things. That is why it has been so shocking to hear the Dallas Councilman Kevin Felder may have committed a crime. Last month, we learned that Felder was accused of hitting a teenager who was riding a scooter […]
In late February, a Dallas deputy was injured after a driver collided with two Dallas County police cars in a hit-and-run incident. The two police cars were blocking two lanes of traffic due to a stalled tractor-trailer. The 2005 Dodge truck struck both vehicles and then fled the scene. There was a deputy in each […]
Today, we want to bring you a story from a Houston hospital because it highlights a pattern of medical errors. At St. Luke’s Medical Center, a woman was given a blood transfusion last year. The problem is that she was given the wrong blood type. Medical staff did not notice that the blood sample that […]
Dogs are beautiful but wild creatures. They have their own personalities and often will do all they can to protect their owners. However, not all dogs understand what it means to protect or what it means to not attack. There are some dogs who are just wired to run and attack. It doesn’t make them […]