Anyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle, or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible.

As consumers, we trust that the products we purchase meet certain standards for safety. We also have to trust that the products used or prescribed by our physicians or made available to purchase are safe and free defects or flaws that could inflict injury, illness, or death.
If you have sustained injuries because of a product defect or recalled drug, you may have a product liability claim.

Brent Cordell

Attorney at Law

1 844 - 8LEGAL8 (1 844 853-4258)

Premises Liability


Under Texas law, property owners have an obligation to maintain their premises. If injuries occur on property that has been poorly maintained, the owner may be liable for those injuries.

Premises liability cases are evaluated on an individual basis and must take into consideration a) whether or not the property owner took precautions to make the area safe, and b) whether or not the victim was careless, thereby contributing to the accident. For example, a business is not necessarily liable should you fall on a wet floor if the area was clearly marked with a yellow "caution" sign.

A victim would have to prove the following in order to hold the property owner responsible and have a premises liability case:

  • That the property owner caused the unsafe condition and the subsequent accident.
  • That the property owner knew about the condition but did not try to correct it.
  • That the property owner should have known about the danger, because a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident.

When determining if a property owner's actions were in fact reasonable, the court must consider how long the unsafe condition existed and whether the owner had time to discover and ultimately fix the problem. It must also consider whether the steps taken were appropriate or reasonable and whether the carelessness of the victim contributed to the slip and fall injury.
However, the reasonable person standard also applies to the victim: if they were somewhere they should not have been or were engaged in an inappropriate activity, the property owner may be absolved of any liability.

There are some exceptions to premises liability cases:

  • Trespassers: property owners are not necessarily subject to premises liability laws if injuries are incurred by trespassers on their property.
  • Children are an exception to the trespassing rule because the law acknowledges that children often do not perceive danger as well as adults. A property owner must take steps to ensure the safety of children who play in the area, even if they are not supposed to be there.
  • Workplace accidents: there are workers' compensation laws in place that hold employers strictly liable for most on-the-job injuries that their employees incur, although the amount of damages that can be collect is limited.
  • Government property: the federal or state government may bear legal responsibility for personal injuries incurred on government premises. Premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Cases must be brought within a certain time limit.

Negligent security is a type of premises liability claim that allows a person injured by a third-party attacker to seek recovery for his or her injuries from the property owner. Landlords, business owners, universities and management companies may be found liable for negligent security.
Premises liability law covers negligent security claims, as they arise from the ownership or control of property or "premises." Under premises liability law, a property owner (or any party responsible for maintaining the property) may be held liable for injuries if they were the result of dangerous conditions on the property. Although a variety of circumstances may create unsafe conditions, negligent security law traditionally addresses those that contribute to third-party attacks.

If you or a family member was assaulted as a result of inadequate security, you may have a claim against the business or property owner for physical injuries, economic losses and emotional trauma.

The doctrine of negligent security allows recovery by injured parties against property owners and property managers for foreseeable criminal attacks by third parties; i.e., if criminal conduct of a third party is foreseeable the landowner has a duty to prevent injuries to other persons on the property if it reasonably appears (or should appear) to them that those persons may be injured on the property.
Even prior crime in the area, if not taken into account by the property owner, may comprise negligence under certain circumstances; if a business is in a high crime area the landowner may be required to take special safety measures such as hiring security personnel or installing security systems.

An injured person who slips and falls due to the negligence of another may be able to recover the costs of lost income and medical bills, as well as compensation for any pain and suffering or physical disability, among other damages. If you have been injured due to a dangerous condition or negligence on behalf of another party, Brent M. Cordell can help you achieve financial security and peace of mind.

 

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