Responsabilidad civil

Abogado de Responsabilidad de Locales

Property owners have a legal responsibility to keep their premises reasonably safe for the people who visit, live, or work there. When they ignore a known hazard, whether that's a spill, broken stairs, poor lighting, or a dangerous animal, the people who get hurt deserve accountability.

Our attorneys know how to prove what the property owner knew and when, and fight for the compensation you're owed.

Conozca sus derechos tras un accidente relacionado con la propiedad

Under the legal principle of premises liability, a Texas property owner can be held accountable for accidents occurring on their property.

In order to succeed in a premises liability lawsuit, however, it is necessary for the victim to prove that the property owner, manager, or other party responsible for the premises at the time of the incident failed to take reasonable precautions to prevent the accident.

While property owners cannot reasonably be expected to protect their tenants, guests, and customers from all possible accidents, the owner can be held liable if he or she knew, or reasonably should have known, about the conditions that caused the accident.

It must also be established that they failed to take action to remove the danger or, at the very least, adequately warn their visitors about it.

¿Resultó herido en un accidente por resbalón y caída?

Among the most common scenarios of a premises liability claim is the “slip and fall” accident. If, for example, a shopper slips from a spill on the floor of a grocery store and is injured as a result, he or she may have grounds to sue the store.

It would be a defense to the lawsuit that the store management had no knowledge of the spill or that a "Wet Floor" sign had been placed to warn shoppers.

If, however, the store management had learned of the spill but did nothing to handle the problem, or if the spill had been present for long enough that they ought to have known about it, the accident victim may be able to win in a personal injury claim.

If your injuries were caused by a similar experience, please contact a premises liability lawyer at the Daspit Law Firm.

Otros tipos de reclamaciones por responsabilidad de los locales

Los resbalones, tropiezos y caídas no son los únicos tipos de accidentes que pueden servir de base para presentar una demanda por responsabilidad de las instalaciones.

For example, some of the most common types of premises liability claims involve:

• Mordeduras de perro y agresiones de animales
• Accidentes en piscinas / ahogamientos
• Iluminación insuficiente
• Inadequate or negligent security
• Fires, flooding, and toxic exposure
• Accidentes en ascensores y escaleras mecánicas
• Utilización de materiales de construcción defectuosos
• Accidentes en escaleras y huecos de escaleras

There are a number of other dangerous conditions that could result in a property-related accident.

Lesiones comunes por responsabilidad del establecimiento

At The Daspit Law Firm, our experienced lawyers have represented many clients who suffered injuries in accidents that took place on another’s property.

Because premises liability laws can apply to a range of situations and circumstances, these cases have varied and have included many different types of accidents and injuries.

Algunas de las más comunes son:

• Broken bones: Broken bones and fractures are among the most common types of injuries involved in premises liability claims. Often, they result from slip and fall accidents in which property owners failed to address potential hazards, or from certain activities where property owners did not provide adequate supervision.
• Musculoskeletal injuries: Injuries to the body’s soft tissues, ligaments, tendons, joints, and muscles are also common in premises liability claims, often because they stem from slips and falls. These types of injuries may also be caused by dog bites and fires.
• Head injuries: Victims of premises liability accidents may suffer traumatic brain injuries during slip and fall accidents or as a result of falling objects. Property owners are required to address any risks of falling objects, including tools during construction, to reduce risks of these accidents, and they can be held liable when they fail to do so.
• Swimming pool injuries: Owners of swimming pools, including private and public pools, need to ensure the safety of visitors and guests through adequate supervision and maintenance of their pool areas. Failures to uphold this obligation can result in various injuries, including drowning and near-drowning injuries, broken bones caused by slips and falls, and even head injuries from diving accidents.
• Toxic exposure injuries: Exposure to toxic fumes and chemicals while on another’s premises can result in serious illnesses and injuries. Common examples include lead poisoning, exposure to mold, exposure to asbestos, and exposure to other harmful substances.

Whatever your injuries may be, it is important to understand your rights as a victim. If these injuries result from the negligence of property owners, you may be able to pursue compensation for your damages, including your pain and suffering, lost wages, and medical expenses, by pursuing a personal injury claim against the premises owner.

Our legal team at The Daspit Law Firm can help you explore your rights following injuries on another’s property and fight for the maximum compensation possible.

Cómo probar una reclamación por responsabilidad del local

Con el fin de establecer eficazmente los elementos jurídicos necesarios para las reclamaciones de responsabilidad de los locales, nuestros abogados evalúan cuidadosamente todas las circunstancias que rodearon su accidente.

Nos centramos en demostrar lo siguiente:

• A duty existed: Premises owners generally have a legal obligation to ensure the safety of their property through reasonable measures. This means fixing hazards they knew or should have known about, or providing adequate warnings should an immediate fix not be feasible. This duty is typically owed to visitors, guests, and workers contracted to perform labor on a property. Although it may not apply in cases involving trespassers, some exceptions may be made, such as when something attracted a child onto a property where they were later injured.
• The duty was breached: Premises owners may breach their legal duty when they fail to take reasonable steps in addressing potential hazards. For example, a property owner that knows of an open hole, yet does nothing to cover or fix it may be held liable for negligently disregarding the safety of visitors and guests who may fall or trip over it.
• Causation: Claims require victims to prove their injuries were more likely than not the result of a premises owner’s negligence. Failure to cover an open hole more likely than not results in injury, especially if reasonable steps that could have been taken would likely have avoided that accident.
• Damages: Any successful claim must involve actual damages suffered by victims. These damages will vary from case to case, but commonly include economic and non-economic damages such as medical expenses, pain and suffering, and lost wages, among others.

FAQS Regarding Premises Liability

Can I sue after a slip and fall in a Texas store?

Yes, if the store knew or reasonably should have known about the hazard and failed to fix it or warn you. A wet floor alone is not enough. Texas law asks whether the store created the danger, or whether it existed long enough that a reasonably careful business would have found and addressed it.

That is why a spill cleaned up within a minute may not create liability while the same spill left for an hour will. The store will argue it had no notice, or that warning cones were posted, or that you were not watching where you were going. Evidence such as surveillance footage and inspection logs decides these cases, and footage is often overwritten within 30 days. Call (888) 273-1045 quickly.

What do I have to prove in a premises liability claim?

Four elements, as set out on this page. First, the property owner or occupier owed you a duty of care. Second, they breached it by allowing an unreasonably dangerous condition to exist. Third, that condition caused your injury. Fourth, you suffered actual damages.

In practice the fight is usually over the second element, specifically whether the owner knew or should have known about the hazard. Proving it means securing incident reports, maintenance and inspection records, employee statements, and video before the business disposes of them.

Does it matter why I was on the property?

Yes. Texas sets the property owner's duty according to your status. A customer or business guest is an invitee and is owed the highest duty, meaning the owner must inspect for hazards and either fix them or warn about them. A social guest is generally a licensee, and the owner must warn of dangers it actually knows about.

A trespasser is owed the least, essentially only a duty not to cause willful or wanton harm, with narrow exceptions such as attractive nuisances that endanger children. Establishing your status early shapes the entire case.

What should I do immediately after a slip and fall?

Report it to a manager before you leave and insist that a written incident report be made, then ask for a copy. Photograph the hazard itself, the surrounding area, any warning signs present or absent, and the shoes you were wearing. Get names and phone numbers for witnesses and any employee who responded. Seek medical care the same day.

Do not give a recorded statement to the store's insurer and do not accept a gift card or small payment in exchange for signing anything. Then call us at (888) 273-1045.

What other cases count as premises liability?

Beyond slip and fall, this area covers dog bites, swimming pool drownings and near-drownings, injuries from inadequate lighting, negligent security cases where a lack of reasonable security measures allowed an assault or robbery, building fires, elevator and escalator accidents, staircase and handrail failures, falling merchandise, defective flooring or building materials, and exposure to toxic substances on a property.

Common injuries include broken bones, torn ligaments and other musculoskeletal damage, and head trauma.

How long do I have to file a premises liability claim in Texas?

Two years from the date of the injury in most cases. If the injury resulted in a death, families generally have two years from the date of death to bring a wrongful death claim.

If the property belongs to a governmental entity, such as a city building, a public school, or a county facility, you may be required to give formal written notice within as little as six months.

Regardless of the deadline, the practical urgency is video: most retail surveillance systems overwrite footage within roughly 30 days, so a preservation letter needs to go out fast.

Speak With a Premises Liability Lawyer Today

Hay muchas posibilidades para demandar bajo el principio de responsabilidad de las premisas. Si usted cree que tiene motivos para presentar una demanda, póngase en contacto con un abogado con experiencia en responsabilidad de las premisas en la Firma de Abogados Daspit para empezar a trabajar en un plan de acción.

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