The Basics of Premises Liability
When someone is injured in an accident that was caused by another person’s reckless or negligent actions, they have the right to file a claim through civil court to pursue financial compensation for related damages. The type of claim that should be filed is dependent on the circumstances surrounding the injury. Many personal injury claims fall under the category of premises liability.
A premises liability claim holds negligent property owners accountable for injuries related to hazards or dangers on their premises. Here, personal injury lawyer Hardin Ramey, who serves the Dallas, TX, area, goes over the basics of premises liability, including who the law applies to and when to consider filing a premises liability claim.
What Is Premises Liability?
Premises liability law ensures that property owners look out for invited guests or patrons to their property by maintaining certain safety standards on their premises. Essentially, property owners must protect others from dangerous conditions that could cause injury. Property owners can be held liable for failing to address known hazards (or hazards that they should reasonably be aware of), or for failing to warn people of hazards that cannot be addressed immediately.
Who Does the Law Apply To?
Premises liability law applies to all property owners, including those who own commercial or residential properties and those who own private properties. In addition, premises liability law may apply to someone who rents, leases, or possesses a property. For instance, if a commercial building is owned by one party, but is leased to another party who owns and operates a business on the premises, the business owner may be subject to a premises liability claim if an injury occurs at their business.
When to Consider Filing a Premises Liability Claim
Anyone who has been injured as a result of negligence at a business, government building, commercial property, or private property should consider filing a premises liability claim. There are various hazards that can lead to personal injuries, but some of the most common dangers to warrant a premises liability claim include:
- Wet, slippery floors
- Loose or lifted carpeting or other flooring
- Broken steps
- Missing handrails
- Defective electrical wiring
- Obstructions in walkways
- Falling objects
- Building code violations
- The use of substandard materials
Key Components of a Premises Liability Claim
Individuals in the Dallas area who have suffered injuries that they believe were caused by improper maintenance or upkeep of a property can work with Hardin Ramey to consider their options regarding a premises liability claim. Mr. Ramey and his team investigate injury cases and gather the evidence necessary to prove the key elements of a premises liability claim. To be awarded damages in a premises liability case, the plaintiff must be able to establish the following:
- The property is owned or possessed by the defendant
- The defendant was negligent in keeping their premises up to safety standards
- The plaintiff was harmed due to the negligent care of the property
- The plaintiff suffered physical, emotional, or financial damages
If you have suffered an injury that you believe was caused by a negligent property owner, you may have grounds to file a premises liability claim. To discuss the details of your situation with premises liability lawyer Hardin Ramey, send us a message online or call our Dallas law firm at (972) 437-5577.