Most Common Types of Premises Liability Claims
Accidents can happen anywhere—at a grocery store, a friend’s house, or work. But when an accident occurs because of unsafe conditions on someone else’s property, you may have the right to pursue a premises liability claim. In Texas, property owners are legally responsible for maintaining safe environments for visitors. When they fail to do so, serious injuries can occur, leading to costly medical bills, lost wages, and long-term pain and suffering.
However, knowing your rights and navigating a premises liability claim can be challenging. That’s where Daws Legal, PLLC, steps in. We understand the emotional and financial toll accidents take on victims and their families. Our team is dedicated to fighting for justice and ensuring you receive the compensation you deserve. Unlike big billboard firms, we take a personalized approach—every case receives the careful review of experienced attorney Judson Daws, not a case manager.
With a proven track record of holding negligent property owners accountable, Daws Legal is here to guide you every step of the way. If you or a loved one has been injured due to unsafe property conditions, don’t navigate this complex process alone. Contact us for a free consultation today.
Understanding the most common types of premises liability claims can help you recognize your rights and determine whether you’re entitled to compensation. Read on to learn what you need to know about premises liability law, the most frequent accidents that lead to claims, and premises liability settlements.
What Is Premises Liability Law?
Premises liability law holds property owners and occupiers legally responsible for accidents and injuries that occur on their property due to unsafe conditions. In Texas, premises liability claims require proving the following elements:
- Duty of care. The property owner or occupier has a legal duty to keep the premises safe for visitors. That duty differs depending on the visitor’s status as an invitee, licensee, or trespasser.
- Breach of duty. The property owner failed to address or warn about a dangerous condition they knew or should have known about.
- Causation. The hazardous condition directly caused the accident and resulting injuries.
- Damages. The victim suffered measurable damages, such as medical expenses, lost wages, pain, and suffering.
Knowing your legal status on the property is essential when pursuing a premises liability claim. At Daws Legal, we help you understand your rights and fight for the compensation you deserve.
What Are the Most Common Types of Premises Liability Claims?
Here are the most common types of premises liability claims in Texas.
Slip and Fall Accidents
Slip and fall accidents occur when someone slips, trips, or falls due to hazardous conditions such as:
- Wet or slippery floors,
- Uneven surfaces,
- Poor lighting, or
- Obstructed walkways.
Slip and fall accidents can result in severe injuries, including broken bones, head trauma, spinal cord damage, and traumatic brain injuries.
Swimming Pool Accidents
Swimming pool accidents can be catastrophic, especially for young children. Property owners, including homeowners, hotels, and community pool operators, must maintain safe pool environments. Common causes of swimming pool accidents include a lack of fencing or gates, poor maintenance, or warning signs.
Swimming pool accidents can result in serious injuries, including drowning, near-drowning brain injuries, broken bones, spinal cord injuries, and infections from contaminated water.
Elevator and Escalator Accidents
Elevator and escalator accidents are more common than most people think, often resulting in serious injuries or fatalities. Common causes of these accidents include:
- Mechanical malfunctions,
- Improper inspections,
- Inadequate maintenance,
- Unqualified maintenance staff, and
- Inadequate warning signs.
Property owners, building managers, and maintenance companies are responsible for ensuring that elevators and escalators are safe and functioning correctly.
Animal Bites
In Texas, owners are responsible for controlling their pets and preventing them from harming others. Texas follows the “one bite rule,” meaning a pet owner is liable for injuries if they knew the animal had bitten someone before or had dangerous propensities.
Alternatively, someone injured in a dog bite or animal attack may be able to file a personal injury claim, alleging that the owner was negligent in securing their animal and failed to take precautions to protect others from the animal.
Structural Defects
Structural defects, especially in older buildings or improperly maintained properties, pose significant dangers. Common structural hazards include:
- Unstable balconies or decks,
- Broken or unstable staircases,
- Loose handrails,
- Missing steps, and
- Collapsing ceilings or walls.
Daws Legal investigates structural defect claims by working with construction experts to prove negligence and hold property owners or contractors accountable.
Fires
Fires are one of the most devastating types of premises liability claims, leading to severe burns, smoke inhalation injuries, and fatalities. Common causes include:
- Faulty wiring,
- Electrical malfunctions,
- Exposed wires,
- Overloaded circuits,
- Improper storage of flammable materials, and
- Lack of fire safety equipment.
Daws Legal aggressively pursues justice for fire victims, holding negligent property owners accountable for unsafe conditions.
Inadequate Security
Inadequate security claims arise when property owners fail to protect visitors from foreseeable criminal activity, such as assaults, robberies, or attacks. Property owners must take reasonable security measures, such as adequate lighting, proper training of security personnel, and surveillance cameras.
What to Expect from Premises Liability Settlements?
Premises liability settlements compensate victims for damages resulting from unsafe property conditions. In Texas, these settlements typically include payment for:
- Medical expenses,
- Lost wages,
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Property damage.
The amount of a premises liability settlement depends on the severity of the injuries, the impact on the victim’s life, and the degree of negligence involved. At Daws Legal, we fight aggressively to secure maximum compensation for our clients, negotiating with insurance companies and taking cases to trial when necessary.
Contact Daws Legal for a Free Case Evaluation
Premises liability claims can be complex. At Daws Legal, we provide personalized, compassionate representation tailored to maximize your recovery. We work on a contingency fee basis, so you don’t pay unless we recover compensation for you.
If you or a loved one has been injured due to unsafe property conditions, contact Daws Legal today for a free consultation. Let us fight for the justice and compensation you deserve.
About the Author
Judson is a dedicated and experienced Personal Injury attorney with a passion for justice and a commitment to helping clients navigate complex legal challenges. With 30 years of experience in personal injury, he has successfully represented countless clients, securing favorable settlements and verdicts.
