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When Should I Consider a Claim for Premises Liability?
When
someone gets injured on the property of another, the property
or premises owner may be exposed to liability for failing
to upkeep his property or warn others of dangerous conditions
which exist on his property. This is particularly true in the
setting where the property owner "invites" guests
to his property for business gain as in the case of a retail
store.
When patrons of a business visit the business to shop, that
business may be liable for unreasonably dangerous conditions
posed by the property. Slip and fall cases illustrate this
point. If a piece of sidewalk is broken, but not noticeable
to the average person, it could pose a serious risk of injury.
Amusement park injuries are often caused by the failure to
properly maintain the ride or premises which give rise to
a cause of action against the owners or managers of the property.
Elevator accidents and electrocution accidents are two more
examples where people may get injured due to the negligence
of the premises owner or manager in failing to properly maintain
the property.
Hotels and motels also may be liable to their invited guests
for injuries that occur on their premises as a result of poor
maintenance or negligence. Water damage can cause ceilings
to cave in or walls to collapse. Faulty fire alarms, fire
extinguishers or negligence in failing to properly notify
guests are also potential areas of exposure for a hotel and
motel.
Stairways and staircases frequently form the basis of litigation.
The lack of handrails or uniformity in design or building
of the risers are potential bases of liability.
Usually, one of the most important factors to consider in
bringing premises liability cases is the knowledge of the
property owner regarding the condition. If it can be proven
that the property owner knew about the dangerous condition
of his property and failed to act to fix it, then liability
can usually be imposed.
Another factor to consider is the potential recovery from
an insurance company. If a negligent property owner knows
of a defective condition that causes injury to another, but
has not insured himself against that risk, then a case may
not be worth pursuing if the property owner does not have
substantial assets. Many businesses have broad policies that
cover their potential risks in many areas. However, certain
intentional conduct or conduct which may be expensive to insure
(environmental damages) may not be contained in their policies.
Premises cases are generally difficult cases which require
the testimony of experts to prove. Expert testimony can be
costly and thus, the damages suffered by the victim must make
the case worth pursuing economically. Experience handling
these cases is also a must. Your attorney should have experience
with the insurance agreements that cover these risks as well
as experience in handling these types of cases.
In deciding whether or not to bring a case for premises liability
make sure that the defective condition of the property was
known by the landowner or was so obvious that it should have
been known by him. This is the biggest hurdle to overcome
in evaluating these cases.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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