Ramey Law Firm PLLC have experience representing individuals in premises liability lawsuits who have been injured due to the negligence of landowners, occupiers, and businesses that failed or refused to make the premises safe, whether the dangerous condition existed on public or private property. It is important to have an attorney who understands the legal requirements of proving these cases, enabling you to establish early on that you will prevail at trial. If litigation is required, however, you need a lawyer who will fight for a full recovery. Persistence is sometimes necessary to achieve justice.
The value of representation by trial lawyers committed to these principals, and who have experience handling premises liability cases, cannot be over-stated. Many otherwise winnable cases are lost by attorneys who don’t have the passion to fight or are less experienced in this area of law. Many premises liability cases are lost by summary judgment dismissal without any recovery for the Plaintiff. While not all cases can be won, not all cases that are lost were un-winnable, and having an attorney who understands the nuances of premises liability law is essential for a fair chance of success.
Premises liability deals with the breach of duty owed by an owner or occupier of land to protect invitees from dangerous conditions and defects on the property. The owner/occupier has a duty to exercise reasonable care in the management of the premises and to avoid exposing persons to an unreasonable risk of harm.
“Slip and fall” accidents are the most common form of premises liability cases. Common conditions giving rise to premises liability accidents include wet floors, slippery surfaces, uneven floors or steps, cracked sidewalks, falling objects, high-stacking, torn carpeting, poor lighting, inadequate security, dangerous conditions caused by weather, and failure to secure a swimming pool area.
Texas law requires landowners and occupiers to routinely inspect the premises they own or occupy to discover any dangers that exists, and to warn their tenants/employees/customers (their “invitees”) of known dangers, and to undertake reasonable precautions to guard against injury to their invitees BEFORE injury results.
Regardless of the specific condition or where the incident may happen, all property or building owners have a certain level of responsibility to make sure an environment is safe. Ultimately, the issue of liability hinges upon whether the landowner or landholder had actual or constructive notice of the dangerous condition that caused the incident. In other words, in order to prevail in a cause of action for premises liability, the plaintiff must prove that the defendant knew or should have known that the dangerous condition existed causing the incident.
Commercial establishments and property owners are responsible for hazards on their property that lead to personal injury. A homeowner is normally not responsible for injury sustained by a social guest.
Ramey Law Firm PLLC will be happy to discuss your particular case, focus on what legally must be proved, and assist in obtaining the evidence necessary to obtain “full-justice” in your case.
To see selected case summaries of Ramey Law Firm PLLC involving premises liability click the link below.
Premises Liability/Slip and Fall