If you were injured on someone else’s property in Dallas, you may have a valid premise liability claim. Property owners in Texas have a legal duty to keep their premises reasonably safe, and when they fail to do so, they can be held accountable for the resulting injuries.
These cases arise from dangerous conditions like wet floors, broken stairs, inadequate lighting, or negligent security. Whether you were hurt at a grocery store, apartment complex, or commercial property, you deserve compensation for your medical bills, lost wages, and suffering.
At Varghese Summersett, our Dallas premise liability lawyers have helped hundreds of injured Texans recover the compensation they deserve. We know how to prove negligence, counter insurance company tactics, and fight for maximum compensation.
What Is Premise Liability in Texas?
Premise liability is a legal doctrine that holds property owners responsible when someone is injured due to unsafe conditions on their property. Under Texas law, property owners must maintain their premises in a reasonably safe condition and warn visitors of known hazards.
This duty extends to both private property owners and commercial businesses. If an owner knew or should have known about a dangerous condition and failed to fix it or warn visitors, they may be liable for injuries that result.
Texas premise liability law recognizes three categories of visitors, each with different levels of protection:
- Invitees are people who enter property for business purposes. This includes customers in stores, patrons at restaurants, and anyone visiting a business. Property owners owe invitees the highest duty of care, which includes inspecting the property, making it safe, and warning about unreasonable risks.
- Licensees are social guests who enter property with permission but for their own purposes. The owner must warn licensees of known dangerous conditions and exercise ordinary care to fix hazards.
- Trespassers enter property without permission. Owners generally owe trespassers no duty except to refrain from willfully, wantonly, or through gross negligence causing harm.
Common Types of Premise Liability Cases in Dallas
Premise liability accidents happen in countless ways across Dallas County. The property type and circumstances vary, but they all share one thing in common: a property owner’s failure to maintain safe conditions.
Slip and Fall Accidents
These are the most common premise liability claims. They occur when someone slips, trips, or falls due to hazardous conditions like wet floors without warning signs, uneven pavement, torn carpeting, or poor lighting in stairwells. Grocery stores, restaurants, and retail locations are frequent sites for these accidents.
Inadequate Security
When a property owner fails to provide adequate security measures and someone is assaulted, robbed, or injured as a result, the owner may be liable. This includes apartment complexes with broken locks, parking garages without proper lighting, or businesses in high-crime areas that fail to hire security personnel.
Negligent Maintenance
Property owners must keep their buildings and grounds properly maintained. Broken handrails, crumbling concrete, malfunctioning elevators, collapsed ceilings, and structural defects can all lead to serious injuries when owners neglect basic maintenance.
Swimming Pool Accidents
Pool accidents often involve children who gain access to unsecured pools. Texas law includes the attractive nuisance doctrine, which holds property owners responsible for securing dangerous conditions that might attract children who cannot appreciate the risks.
Dog Bites and Animal Attacks
When a property owner’s dog or other animal injures someone on the property, the owner may be liable under Texas premise liability law, particularly if they knew the animal had dangerous tendencies.
What You Must Prove in a Dallas Premise Liability Case
To recover compensation in a premise liability case, you must establish four elements under Texas law. Each element is critical, and failing to prove even one can result in your claim being denied.
The Property Owner Owed You a Duty of Care
The first element requires showing that the property owner had a legal obligation to keep you safe. This duty depends on your status as a visitor. Business invitees receive the highest level of protection, while social guests receive less, and trespassers receive almost none.
For most premise liability cases involving customers or other business invitees, establishing duty is straightforward. You were lawfully on the property for a business purpose, which triggers the owner’s obligation to inspect, maintain, and warn.
The Property Owner Knew or Should Have Known About the Hazard
Under Texas law, property owners are responsible for dangers they actually knew about and dangers they should have discovered through reasonable inspection. This is often the most contested element in premise liability cases.
For example, if a customer spills liquid in a grocery store aisle and you slip five minutes later, the store may argue they had no reasonable time to discover and clean the hazard. However, if the spill had been there for an hour with no inspection, the store likely should have known about it.
Property owners cannot simply ignore their property and claim ignorance. They have an affirmative duty to conduct reasonable inspections and identify potential hazards before someone gets hurt.
The Property Owner Failed to Fix or Warn About the Condition
Once a property owner knows or should know about a dangerous condition, they must take action. This means either fixing the hazard or providing adequate warning. A wet floor sign, for instance, may satisfy the duty to warn, but only if it’s properly placed and clearly visible.
In some cases, even a warning is not enough. If a danger is so severe that a reasonable person would fix it rather than simply warn about it, failing to make repairs can constitute negligence.
The Dangerous Condition Caused Your Injury
Finally, you must prove that the property owner’s negligence directly caused your injuries. This requires establishing a clear link between the hazardous condition and the harm you suffered.
Medical records, photographs of the scene, witness statements, and expert testimony can all help demonstrate causation. The defense will often try to argue that something else caused your injury or that your own actions were responsible.
How Texas Law Defines Property Owner Duties
Under Texas Civil Practice and Remedies Code § 75.002, property owners, lessees, and occupants have specific obligations to maintain safe premises. The level of duty depends on the visitor’s classification.
For invitees, the duty is to exercise ordinary care to inspect the property and either make it safe or provide adequate warning of any unreasonable risks. This is not a guarantee of safety, but it does require active efforts to identify and address hazards.
For licensees, the duty is to warn of known dangerous conditions that are not obvious and to exercise ordinary care to fix those conditions. The owner is not required to inspect for hazards they are unaware of, but they must disclose known dangers.
For trespassers, Texas Civil Practice and Remedies Code § 75.007 states that owners owe no duty of care and are not liable for injuries, with the exception that they cannot willfully or wantonly injure someone, even a trespasser.
These classifications matter enormously in premise liability cases. Whether you were shopping at a store, visiting a friend, or on property without permission will directly impact your legal rights and the property owner’s obligations.
What Compensation Can You Recover?
If you can prove that a property owner’s negligence caused your injury, Texas law allows you to recover both economic and non-economic damages. The goal is to make you as whole as possible after the accident.
Medical Expenses
You can recover the full cost of medical treatment related to your injury. This includes emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and any future medical care you will need. Keep all bills and documentation.
Lost Wages and Loss of Earning Capacity
If your injury forced you to miss work, you can recover those lost wages. If your injuries are severe enough that you cannot return to your previous job or must accept lower-paying work, you can also recover compensation for diminished earning capacity.
Pain and Suffering
Texas law recognizes that injuries cause more than just financial harm. You can recover damages for physical pain, emotional distress, mental anguish, and loss of enjoyment of life. These are called non-economic damages, and they can be substantial in serious injury cases.
Disfigurement and Disability
Permanent scarring, loss of limb function, or other lasting physical impairments can significantly impact your quality of life. Compensation for disfigurement and disability accounts for both the physical limitations and the psychological toll of living with a permanent injury.
Property Damage
If your personal property was damaged in the accident, you can recover the cost to repair or replace it. This might include damaged clothing, electronics, or other items you were carrying at the time of the incident.
Texas follows a modified comparative negligence rule, which means your compensation can be reduced if you were partially at fault for the accident. If you are found to be more than 50 percent responsible, you cannot recover anything. This makes it critical to thoroughly investigate the circumstances and build a strong case showing the property owner’s negligence.
Common Defenses Property Owners Use
Property owners and their insurance companies will fight premise liability claims aggressively. They have lawyers and adjusters whose job is to minimize or deny your claim. Understanding their tactics helps you prepare.
The Condition Was Open and Obvious
One of the most common defenses is that the dangerous condition was so obvious that you should have seen and avoided it. Texas law does recognize that property owners may not be liable if a hazard is open and obvious, but there are important exceptions.
Even obvious dangers can create liability if the visitor had no reasonable way to avoid them or if the property owner should have known that people would not be able to protect themselves despite the obviousness.
You Were Comparatively Negligent
The defense may argue that you caused or contributed to your own injury by not paying attention, wearing inappropriate footwear, or ignoring warning signs. Because Texas law reduces your recovery by your percentage of fault, even partial blame can significantly impact your compensation.
No Notice of the Hazard
Property owners often claim they had no idea a dangerous condition existed and therefore cannot be held responsible. This defense focuses on how long the hazard was present and whether the owner conducted reasonable inspections.
If you can show the hazard existed for a substantial period or that the owner failed to follow their own inspection protocols, you can overcome this defense.
You Assumed the Risk
In some cases, the defense will argue that you voluntarily encountered a known danger and therefore assumed the risk of injury. This defense is limited, however. Property owners cannot use assumption of risk to escape liability for creating unreasonably dangerous conditions.
An experienced Dallas premise liability lawyer knows how to counter these defenses and build a case that establishes clear liability on the part of the property owner.
The Role of Insurance Companies
Most property owners have liability insurance that covers premise liability claims. When you file a claim, you will be dealing with the property owner’s insurance company, not the owner themselves.
Insurance adjusters are trained to minimize payouts. They may contact you shortly after the accident, offering a quick settlement that sounds reasonable but is far less than your claim is worth. They may ask you to give a recorded statement, hoping you will say something that damages your case.
Do not give a recorded statement to the insurance company without consulting a lawyer first. Do not accept a settlement offer without understanding the full extent of your injuries and the long-term impact they may have on your life.
Insurance companies also use tactics like delaying investigations, disputing medical treatment, and blaming the victim to avoid paying fair compensation. Having a lawyer who understands these tactics levels the playing field and protects your interests.
What to Do After a Premise Liability Accident in Dallas
The steps you take immediately after an accident can significantly impact your ability to recover compensation. Here is what you should do if you are injured on someone else’s property in Dallas.
Report the Incident
Notify the property owner, manager, or security personnel about the accident as soon as possible. Make sure they document the incident in an official report. Get a copy of that report if you can.
Seek Medical Attention
Go to a doctor or emergency room right away, even if your injuries seem minor. Some injuries do not show symptoms immediately, and delaying treatment can both harm your health and give the defense ammunition to claim your injuries were not serious.
Document Everything
Take photographs of the hazard that caused your injury, your injuries, and the surrounding area. Get contact information from anyone who witnessed the accident. Write down what happened while the details are fresh in your mind.
Preserve Evidence
Keep the clothing and shoes you were wearing. Do not repair or alter anything related to the accident. This evidence may be critical later.
Do Not Give Statements
Be polite but do not give detailed statements to property managers or insurance adjusters without first consulting a lawyer. Anything you say can be used against you.
Call a Dallas Premise Liability Lawyer
Contact an experienced personal injury attorney as soon as possible. Time matters in premise liability cases, and early legal intervention can make a significant difference in the outcome of your claim.
Understanding the Legal Process
Premise liability cases follow a general timeline, though every case is different. Understanding what to expect can reduce anxiety and help you make informed decisions about your claim.
Initial Investigation
Your lawyer will gather evidence, interview witnesses, obtain incident reports, review medical records, and assess the property owner’s liability. This phase is critical for building a strong foundation for your claim.
Filing a Claim
In most cases, your lawyer will first file a claim with the property owner’s insurance company. The insurer will assign an adjuster who will investigate the claim and make a settlement offer.
Negotiation
Most premise liability cases settle without going to trial. Your lawyer will negotiate with the insurance company to reach a fair settlement that covers your damages. This process can take weeks or months depending on the complexity of your case.
Filing a Lawsuit
If negotiations fail, your lawyer will file a lawsuit in Dallas County civil court. Under Texas law, you generally have two years from the date of the accident to file a premise liability lawsuit. Missing this deadline can mean losing your right to compensation permanently.
Discovery
During discovery, both sides exchange evidence, take depositions, and gather information to build their cases. This is often when settlement negotiations become more serious as both sides better understand the strengths and weaknesses of the case.
Trial
If the case does not settle, it will go to trial. A jury will hear the evidence and decide whether the property owner was negligent and, if so, how much compensation you should receive. Trials can take several days to several weeks depending on the complexity of the case.
Having a lawyer with trial experience is critical. Insurance companies are more likely to offer fair settlements when they know your lawyer is prepared to take the case to court if necessary.
Why Property Owners Try to Avoid Responsibility
Property owners and their insurers have strong financial incentives to deny or minimize premise liability claims. A single serious injury claim can result in hundreds of thousands or even millions of dollars in liability.
Additionally, admitting liability in one case can open the door to additional claims from others who were injured in similar circumstances. This is why property owners often fight claims aggressively, even when liability seems clear.
Insurance companies also know that most injury victims are not familiar with the legal process and may settle for less than their claims are worth simply to avoid the stress and uncertainty of litigation.
This is why having experienced legal representation matters. A lawyer who regularly handles premise liability cases knows how to value your claim properly, how to prove negligence, and how to negotiate effectively with insurance companies who are trying to protect their bottom line.
Special Considerations for Dallas County Cases
Premise liability cases in Dallas County are heard in the Dallas County civil courts. Understanding local procedures, judges, and jury tendencies can impact case strategy and settlement negotiations.
Dallas is a major urban area with diverse neighborhoods, commercial districts, and property types. Whether your accident occurred at a shopping mall in Uptown, an apartment complex in Oak Cliff, or a restaurant in Deep Ellum, local knowledge matters.
Our Dallas premise liability lawyers regularly appear in Dallas County courts and have developed relationships and a reputation that can benefit your case. We know which experts to consult, how to present evidence effectively, and what arguments resonate with Dallas juries.
Location also affects your claim in practical ways. Where the accident happened determines which courthouse will hear your case, how long it may take to get to trial, and what local ordinances or safety regulations may apply.
What to Expect From Varghese Summersett
At Varghese Summersett, we take premise liability cases seriously. We understand that these accidents can cause life-changing injuries and financial hardship, and we are committed to holding negligent property owners accountable.
When you hire our firm, you get a team of legal professionals working on your behalf. Our Dallas office is staffed with experienced personal injury lawyers, investigators, and support staff who know how to build winning cases.
We start by conducting a thorough investigation. We visit the accident scene, interview witnesses, review surveillance footage if available, and consult with experts to understand exactly what happened and who is responsible.
We handle all communication with insurance companies so you do not have to. We know the tactics adjusters use, and we do not let them take advantage of you when you are vulnerable.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs, no hourly fees, and no surprise bills. If we do not win your case, you owe us nothing.
Most importantly, we prepare every case as if it will go to trial. Insurance companies know which law firms are willing to fight and which ones are looking for quick settlements. Our reputation for aggressive advocacy means we often secure better results in negotiations because the other side knows we are ready to take them to court if necessary.
We have recovered millions of dollars for injured Texans, including hundreds of cases where we obtained dismissals, charge reductions, and favorable outcomes. Past results do not guarantee future outcomes, but our track record speaks to our commitment to our clients.
Frequently Asked Questions
How long do I have to file a premise liability claim in Dallas?
Under Texas law, you generally have two years from the date of the accident to file a premise liability lawsuit. This deadline is called the statute of limitations, and missing it can permanently bar your claim. Some exceptions may apply, particularly if the property is government-owned, so it is important to consult with a lawyer as soon as possible after your accident.
What if the property owner claims I was trespassing?
Property owners owe trespassers almost no duty of care under Texas law. However, there are exceptions. If the owner knew trespassers regularly entered the property, if the trespasser was a child attracted by a dangerous condition (attractive nuisance), or if the owner acted with gross negligence or intentional harm, you may still have a valid claim. An experienced lawyer can evaluate the specific circumstances of your case.
Can I still recover compensation if I was partially at fault for my injury?
Yes, as long as you were not more than 50 percent responsible for the accident. Texas follows a modified comparative negligence rule, which means your compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000 and you were found to be 20 percent at fault, you would recover $80,000. If you were 51 percent or more at fault, you cannot recover anything.
How much is my premise liability case worth?
The value of your case depends on many factors, including the severity of your injuries, the extent of your medical treatment, how much work you missed, whether you have permanent disabilities, and the degree of the property owner’s negligence. Every case is different. During a free consultation, we can evaluate the specific facts of your situation and provide an estimate of what your case may be worth.
What if the property owner does not have insurance?
If the property owner does not have liability insurance or does not have enough insurance to cover your damages, you may still have options. You might be able to recover from your own insurance policy if you have uninsured or underinsured motorist coverage (for vehicle-related accidents) or pursue the property owner’s personal assets through a lawsuit. An attorney can help you explore all available avenues for compensation.
Get Help From a Dallas Premise Liability Lawyer Today
If you were injured on someone else’s property in Dallas, you do not have to face the legal system alone. The premise liability lawyers at Varghese Summersett are here to fight for the compensation you deserve.
Call us today at (214) 903-4000 for a free consultation. We will listen to your story, answer your questions, and explain your legal options. There is no obligation and no cost to speak with us.
We serve clients throughout Dallas County and surrounding areas. Let us put our experience, resources, and commitment to work for you.
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