Premises Liability

The Right Choice for Your Premises Liability Case

When you step onto someone else’s property, normally you would expect the area to be safe. However, that is not necessarily the case. If you find yourself injured due to unsafe conditions with a property, you may have a premises liability case and we can help. At Perkins & Perkins, we bring years of experience to the table to help you secure the justice and compensation you deserve.

Premises Liability Lawyers in Corpus Christi, Texas

Premises liability is a legal concept that holds property owners responsible for injuries or accidents that occur on their premises. In Texas, property owners owe a duty to maintain their premises in a reasonably safe condition for those who enter their property legally. Examples of common premises liability accidents include slips and falls, inadequate security, dog bites, and dangerous property conditions.

Under Texas law, the property owner’s degree of liability depends on whether you had permission to be on the premises or not. Further, to prevail in a premises liability claim, you must prove that the property owner had actual or constructive knowledge of the hazardous condition and failed to address it. However, if you ignored warning signs or engaged in risky behavior, this may prevent you from prevailing.

Free Consultation With Perkins & Perkins

When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.

Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in reclaiming your life.

What is Premises Liability?

Premises liability refers to the legal responsibility of property owners and occupiers to ensure that their premises are reasonably safe for visitors. This area of law governs accidents and injuries that occur on someone’s property and determines the conditions under which the property owner can be held liable. Essentially, if a person is injured due to unsafe conditions on another’s property, they may have the right to seek compensation.

Property owners must maintain their property and address potential hazards to prevent accidents. If they fail to do so, and someone is injured as a result, the property owner could be considered negligent and therefore liable for the injuries sustained. Premises liability cases hinge on the concept of negligence. To establish liability, the injured party must prove that the property owner knew or should have known about the hazardous condition and failed to remedy it, resulting in an injury.

Common Types of Premises Liability Cases

Premises liability encompasses a variety of scenarios where injuries can occur due to the property owner’s negligence. Some of the most common types of premises liability cases include:

Slip and Fall Accidents: These are the most prevalent and occur when an individual slips, trips, or falls as a result of a dangerous or neglected condition on the property. Common causes include wet or slippery floors, and uneven surfaces.
Inadequate Building Security Leading to Injury or Assault: Property owners have a duty to ensure that reasonable security measures are in place. If someone is injured or assaulted on their property due to inadequate security, the owner may be held liable.
Swimming Pool Accidents: These often involve children. Property owners with pools must secure them (e.g., with fencing) and maintain them properly in order to prevent accidents.
Dog Bites: Property owners can be held liable if their dog bites or attacks someone on their property.
Injuries from Falling Objects: This can happen when objects like tools, debris, or merchandise are improperly secured and fall, causing injury to visitors.
Elevator and Escalator Accidents: Mechanical failures or improper maintenance can lead to accidents involving elevators and escalators on a property.
Fire-related Injuries and Chemical Accidents: Property owners must adhere to safety regulations regarding fire safety and hazardous materials. Failure to do so can lead to severe injuries or fatalities.

Legal Responsibilities of Property Owners

Property owners have a fundamental duty to ensure that their property is safe for visitors. This responsibility can vary significantly depending on the nature of the property and the type of visitor. However, the core legal obligation is to prevent foreseeable injuries by maintaining the property and fixing potential hazards. Property owners must regularly inspect their property and either repair dangerous conditions or provide adequate warnings to visitors about potential risks. Failure to meet these responsibilities can be considered negligence and may result in the property owner being held liable for any injuries that occur as a result.

Understanding Visitor Status and Your Rights
As An Invitee, Licensee, Trespasser

The rights of a visitor and the responsibilities of a property owner can vary based on the legal status of the visitor, which falls into one of three categories:

Understanding these distinctions is crucial in premise liability cases because they dictate the level of care owed to you. At Perkins & Perkins, we are experienced in navigating these complex distinctions and can help you understand your rights and the obligations of the property owner based on your visitor status.

Common Injuries in Premises Liability Cases

Premises liability cases can involve a variety of injuries, which may range from minor to severe. Property owners have a duty to prevent these injuries by maintaining a safe environment for all visitors. When they fail to meet this duty, the injuries sustained can be substantial, often requiring significant medical treatment and leading to long-term consequences. Here are some of the most common injuries reported in premises liability cases:

Broken Bones and Fractures: Broken wrists and arms, are common due to people trying to catch themselves when falling. The fractures and breaks are more common among older adults.
Head Injuries: These can range from mild concussions to severe traumatic brain injuries, depending on the nature of the fall.
Back and Spinal Cord Injuries: Slips and falls can lead to serious back injuries, including herniated discs and even spinal cord damage, which may result in partial or complete paralysis.
Cuts and Abrasions: These are often the result of falling against rough surfaces.

What to Do If You Are Injured on Someone Else’s Property

Suffering an injury on someone else’s property can be both painful and confusing. Knowing what steps to take immediately after the incident can significantly affect the outcome of any potential premises liability claim. Here is what you should do if you find yourself injured:

Seek Medical Attention: Health should be your top priority. If you are injured, seek medical attention immediately, even if the injuries seem minor at the time. Some injuries, like internal bleeding or concussions, may not be immediately apparent.
Report the Incident: Notify the property owner, manager, or supervisor of the property where the injury occurred. Ensure that they make a formal report of the incident, and request a copy for your records.
Collect Witness Information: If there were any witnesses to the incident, collect their names, phone numbers, and addresses. Witness statements can be significant in supporting your claim.
Take Photos and Videos: Use your smartphone to take photos and videos of the exact location where the injury occurred. Be sure to capture any conditions that contributed to the accident, such as uneven flooring or inadequate lighting.
Do Not Make Detailed Statements or Admit Fault: Be careful about what you say following an accident. Avoid making detailed statements or admitting fault, as these can be used against you in a legal claim.

Document Your Injuries and the Scene

Effective documentation can significantly strengthen your premises liability claim. Here are tips on how to document everything properly:

Medical Records: Keep all medical records and receipts related to treatments for your injuries. This includes hospital visits, medications, physical therapy, and any other related medical expenses.
Photographic Evidence: Continue to take photos of your injuries over time as they heal. This can provide visual evidence of the severity and duration of your injuries.
Preserve Physical Evidence: If possible, preserve any physical evidence that contributed to your injury, such as torn clothing or a broken personal item. If this is not feasible, document them with photos or videos.
Obtain a Copy of the Accident Report: Ensure that you have a copy of any accident report made on the property, as this can serve as an official acknowledgment that the incident occurred.

Common Premises Liability Questions

1. Do I have to be given actual permission to be on someone’s property?

No, you do not always need actual permission. You can also have implied permission, which based on the circumstances and actions of the property owner can simply permission to be on someone’s property without it being explicitly stated. If you have questions about whether you were legally on someone’s property when you were injured, call Perkins & Perkins today.

2. How quickly should I get medical attention?

You should seek medical attention as soon as possible after an injury, even if the symptoms seem minor. Immediate medical care ensures your health and safety, allows for proper diagnosis and treatment, and provides documentation of the injury and its severity. Prompt medical attention also strengthens your case by clearly linking the injury to the incident. If you need help getting medical attention after your injury the Perkins & Perkins law firm can help you get the treatment you need without having to pay anything out of pocket.

3. If the defendant knows about a danger, are they required to warn me?

Yes, if a property owner has knowledge of a potential danger on their property, they have a duty to warn anyone legally on the premises about the hazard. However, a property owner is usually not required to warn trespassers. If you find yourself in need of a lawyer to help you with your premises liability claim, call Perkins and Perkins today.

4. Is the tenant or property owner liable?

They both can be. Property owners have a duty to maintain their property in a reasonably safe condition for anyone who enters legally, including tenants, visitors, and sometimes even trespassers. Tenants can also be liable for injuries that occur within their leased area if they have exclusive control over the area and the injury results from their failure to maintain it properly. At Perkins & Perkins, we have the experience and skill needed to determine who was at fault for your injuries. If you or a loved one suffered from an injury while legally on someone else’s property, call our attorney’s today.

5. Will the property owner or insurance have to pay me?

If a property owner is found liable, their insurance company typically pays for damages up to the policy limits of their insurance policy. For any amounts exceeding the policy limit, the property owner will be personally responsible. If you have a premises liability claim, call the Perkins and Perkins Law firm today to get the compensation you deserve.