---

---

---

---

Premises Liability Accidents: Frequently Asked Questions

When you visit a store, walk through a park, or enter someone else’s property, you expect it to be reasonably safe. Unfortunately, that is not always the case. An accident caused by an unsafe condition on a property can lead to serious injuries and complex legal questions. This guide answers common questions about premises liability claims to provide clarity during a challenging time.

• What is a premises liability accident?
  • Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property. This responsibility exists when the injury is caused by an unsafe or hazardous condition that the owner knew about or should have known about. These cases can happen on commercial, residential, or public properties.
  • Common examples of premises liability accidents include:
    • Slip and fall incidents on wet floors, icy sidewalks, or uneven surfaces.
    • Injuries from falling objects or merchandise in a store.
    • Accidents caused by poor lighting or broken stairs.
    • Dog bites or animal attacks.
    • Swimming pool accidents.
    • Injuries resulting from inadequate security, such as assaults in a poorly lit parking garage.
• What should I do after an accident on someone’s property?
  • Your first priority is your health and safety. You should call 911 if you need immediate medical assistance. Even if your injuries seem minor, it is vital to get a professional medical evaluation. Some serious conditions, like internal injuries or concussions, may not show symptoms right away.
  • If you are able to, report the incident to the property owner, manager, or an employee. Make sure an official incident report is created and ask for a copy. Next, document everything. Take photos and videos of the exact location where the accident happened, capturing the hazardous condition that caused your injury. Also, take pictures of your injuries. If there were any witnesses, get their names and contact information. Finally, contact a personal injury lawyer before speaking with any insurance companies to protect your rights.
• How do I prove the property owner was negligent?
  • To have a successful premises liability claim, you generally need to prove several key elements. First, you must show that the property owner had a duty of care to keep the premises reasonably safe for visitors. Second, you must prove that the owner breached this duty by creating, failing to repair, or failing to warn of a dangerous condition.
  • Third, you must demonstrate that this breach of duty directly caused your injuries. Finally, you must show that you suffered actual damages, such as medical expenses, lost income, and pain and suffering. An experienced attorney can help you gather the necessary evidence, such as maintenance logs, security footage, and witness testimony, to build a strong case and establish negligence.
• What if the accident happened on government property?
  • Many premises liability accidents occur on public property, like a city park, a public sidewalk, or inside a government building. Filing a claim against a government entity involves a different and more complex process than suing a private individual or company. There are often specific, much shorter deadlines and strict notice requirements.
  • If you fail to follow these precise procedures, your claim can be denied before it even begins. A lawyer who is experienced in handling claims against government bodies will understand these unique rules and can manage the process for you. They will ensure all paperwork is filed correctly and on time, protecting your right to seek compensation.
• How long do I have to file a premises liability claim?
  • Every state has a law called the “statute of limitations” that sets a strict deadline for filing personal injury lawsuits. This time limit can vary from state to state. As mentioned, if the claim is against a government agency, you may have a much shorter window—sometimes only a few months—to file a formal notice of your intent to sue.
  • If you miss the applicable deadline, you may lose your right to pursue compensation forever. Because of these strict time limits, it is critical to contact an attorney as soon as possible after a premises liability accident. This ensures your claim is filed within the legal time frame and all procedural requirements are met.
• How much is my premises liability case worth?
  • The value of a premises liability claim depends on many factors unique to your situation. An attorney will evaluate your case to determine a fair settlement amount. Key elements that influence potential compensation include:
    • The severity of your injuries.
    • The total cost of your current and future medical treatment.
    • The amount of income you have lost from being unable to work.
    • Your pain and suffering.
    • The long-term impact of the injuries on your quality of life.

During a consultation, a personal injury lawyer can perform a detailed evaluation of your case. By assessing all relevant factors, they can give you a clearer understanding of what your claim could be worth and help you pursue the full compensation you deserve.

---

Dublin, TX Practice Areas