Arlington, TX Premises Liability Lawyer
The owner of a property might be held liable if a visitor or tenant suffers an injury on their property. If there is evidence that the property owner was negligent in the maintenance or upkeep of their property, the injured party might be able to file a personal injury lawsuit.
The Arlington, TX premises liability attorneys at The Queenan Law Firm, P.C. are committed to holding property owners financially responsible for injuries in the Arlington area. Contact us to learn more about our services and how we can help you. Call (817) 774-9627 to schedule a free consultation.
Liability for Property Injuries in Arlington, TX
Just because someone was injured at a property does not mean the owner was negligent or responsible for any harm incurred. Determining liability often requires a thorough investigation into the conditions and factors that led to the injury. There is also a distinction between the property owner and another person or renter that might control the property. Additionally, if the injury occurred in a public building, such as a government building or school, the rules are more complicated. Our experienced premises liability attorneys have the depth of skill and resources to deal with these challenges.
To hold a property owner liable for any injuries sustained on their property requires four elements a legal duty, a breach of that duty, causation, and damages.
The type of property determines what laws apply to the landowner: the rules for commercial properties are usually different from residential ones. Additionally, the property owner owes a substantially different duty to an invited guest than to someone who has entered the property without an invitation. If the relationship between the injured party and the property owner is a landlord-tenant relationship, then additional duties may exist due to the lease agreement. Every case must be evaluated on its own merits as the standard of care depends on the specific situation.
Breach of Duty
Once our attorneys have reviewed all of the factors and determined that there was a duty, then a breach of that duty must be established. Generally, in a premises liability case, that requires proving that the property owner…
- Was aware of or should have been aware of a hazardous or dangerous condition and
- Neglected to address the condition or provide an adequate warning
Causation means that the negligent conduct must have actually caused your injury. To establish causation, one must prove that they did not know about the dangerous condition, did not ignore a foreseeable risk, and acted reasonably in avoiding injuries.
To prove liability, the injuries sustained must result in quantifiable damages. Damages from premises liability cases vary from very slight to very serious and can be categorized as economic or noneconomic. Some potential damages include…
- Medical expenses
- Physical therapy
- Lost wages
- Decreased earning capacity
- Physical pain and suffering
- Physical limitations
Steps to Take if You Are Injured on Someone Else’s Property in Arlington
If you suffered an injury at another person’s or company’s property, there are several steps you should take. These steps help protect your right to compensation and provide our Arlington premises attorneys the necessary tools to fight for you.
Report the Incident
If you sustain an injury on a commercial property, such as a gym, supermarket, or other business, contact a manager or supervisor to file an accident report. There might be video evidence, so it is crucial that our attorney quickly sends a letter demanding they preserve any video evidence.
Carefully Observe Your Surroundings
The plaintiff in a premises liability lawsuit must prove that there was a dangerous condition that the owner knew about or should have known about. Any evidence you can provide will help establish liability. Some ways you can find out whether they knew about the danger include the following:
- Just ask the manager or another employee if they were aware of the condition.
- Ask eyewitnesses whether they reported the hazardous situation to anyone.
- Examine the surroundings to see if there were signs that the condition was going to be addressed, such as signs, buckets, or mops.
- Try and determine the source of the dangerous condition — for example, a broken pipe, leaky roof, or uneven floorboard.
- Listen for any conversations between employees that indicate they knew about the dangerous condition.
In the age of smartphones, nearly everyone has a camera available. If you are able, take photographs of the area and the dangerous condition. Photos from the scene could be clearer than surveillance video. If video does not exist, then your photographs could be the best evidence of the condition at the time of the accident. Additionally, be sure to take photographs of your injuries.
Get Medical Attention
The full effects of falls on hard surfaces or falls down a flight of stairs are not always readily apparent. Unknown injuries might be serious and could require immediate attention. Having your injuries examined by a trained physician could help your premises liability lawsuit. A medical report and proper medical attention lessen the likelihood that an insurance company would deny or lower their settlement offer.
Filing a Lawsuit with Help from an Arlington Premises Liability Lawyer
Often, a premises liability case can be won or lost before the parties sit down to negotiate a settlement or go trial. While our attorneys have years of experience at the settlement table and in the courtroom, some of the most critical work in preparing your case involves piecing together evidence. Before filing your case, we will look into the following options to help secure your case:
- Quickly sending letters to the property owners to preserve video evidence
- Obtaining or subpoenaing incident reports, managers’ logs, police reports, medical records, or other necessary documents related to your accident
- Photographing the site of the accident before any repairs or changes are made
- Contacting and interviewing any eyewitnesses who saw the accident or who were aware of the dangerous condition before the incident occurred
- Deposing the property owner, manager, or employees on the record
Call Our Arlington, TX Premises Liability Lawyer for a Free Consultation
If you have sustained an injury as the result of a property owner’s negligence, contact our Arlington, TX premises liability attorney. The Queenan Law Firm, P.C. is committed to providing professional, compassionate representation to Arlington residents who have suffered injuries through no fault of their own. Contact us to learn more about our services and how we can help you. Call (817) 774-9627 to schedule a free consultation.