When a serious injury occurs on someone else’s property, most people immediately think of a slip and fall accident. While these are common accidents, the field of premises liability law is much broader, covering a wide range of dangerous conditions that can cause harm. At O’Hare and Koch Law Firm, our Dallas personal injury lawyers understand that an owner’s negligence can take many forms. If you’ve been injured on a property in Carrollton or the greater Dallas-Fort Worth area, it’s crucial to know that your legal rights extend far beyond the typical “wet floor” case.
Understanding a Property Owner’s Legal Duty in Texas
Under Texas law, property owners have a legal obligation to maintain a reasonably safe environment for their visitors. The extent of this duty depends on the visitor’s status (invitee, licensee, or trespasser). A breach of this duty, which leads to an injury, is the foundation of a premises liability claim.
While many people assume this only applies to obvious hazards like spills or broken handrails, our attorneys regularly handle cases that involve more complex and hidden dangers. Here’s a look at some of the less-obvious premises liability dangers that can lead to a lawsuit.
Hidden Dangers a Dallas Premises Liability Lawyer Can Help With
- Inadequate or Negligent Security
This is a critical area of premises liability, especially in urban environments like Dallas. Property owners — including apartment complexes, hotels, and businesses — have a duty to provide reasonable security to protect visitors from foreseeable criminal activity. If a property has a history of assaults, robberies, or other crimes, but the owner fails to install proper lighting, security cameras, perform security protocols, or hire guards, they could be held liable if a patron is attacked. A lawyer can investigate whether the property owner’s negligence contributed to your assault or injury.
- Unsafe Swimming Pools
Swimming pool accidents are a common source of premises liability claims. These cases aren’t always about drowning. They can involve serious injuries like head trauma and spine fractures from a lack of proper safety equipment, broken gates that allow unsupervised children access, or a lack of clear warning signs. The “attractive nuisance” doctrine, a key part of Texas law, places an even higher standard of care on owners to protect children who might be drawn to a dangerous condition, such as an unsecured pool.
- Dog Bites and Animal Attacks
An animal attack on a property is a clear premises liability issue. Under Texas dog bite laws, a property owner can be held liable for injuries caused by their dog if they knew, or had reason to know, that the animal had aggressive or dangerous tendencies. If an owner fails to properly secure an animal with a known history of biting, they can be held responsible for the resulting injuries.
- Building Code Violations & Other Unsafe Conditions
Dangerous conditions often arise from a property owner’s failure to maintain their building according to local safety codes. The personal injury attorneys at O’Hare and Koch Law Firm have seen cases involving:
- Faulty Staircases and Elevators: Poorly maintained or defective stairs, escalators, and elevators can cause catastrophic falls or crush injuries.
- Cracked or Uneven Walkways: Neglected walkways, including cracked pavement, potholes, or uneven slabs, are a leading cause of trip-and-fall accidents.
- Exposed Wiring or Electrical Hazards: Unsecured electrical components can lead to severe electrocution or fires.
- Structural Defects: This includes injuries from a collapsing roof, balcony, or ceiling due to neglected maintenance.
- Toxic Exposure: Businesses that handle hazardous materials have a duty to protect guests from exposure to harmful chemicals, lead, or asbestos.
The Role of a Dallas Premises Liability Lawyer
Proving a premises liability case requires more than just showing you were injured. It requires demonstrating that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to prevent harm. This can be a complex and challenging legal battle, as property owners and their insurance companies will often try to minimize their responsibility.
The legal team at O’Hare and Koch Law Firm, with offices conveniently located in Dallas and Carrollton, has extensive experience investigating these types of premise liability cases.
Our attorneys understand the law — and they understand the science, medicine, and technical aspects that experts bring to your case. This comprehensive approach results in more thorough case preparations and ultimately, better outcomes for our injured clients. We will work to:
- Gather Evidence: We’ll secure incident reports, maintenance records, surveillance footage, and witness statements.
- Engage Expert Witnesses: Collaborate with specialists to provide professional analysis that clearly shows how the property owner’s negligence caused your injuries.
- Prove Negligence: We’ll build a clear case showing the owner’s negligence directly caused your injuries.
- Negotiate on Your Behalf: We handle all communication and negotiation with insurance companies, fighting for the maximum compensation for your medical bills, lost wages, pain and suffering, and more.
Injured on Someone Else’s Property? Take Action Now
If you have been hurt on someone else’s property in the Dallas-Fort Worth area, the experienced personal injury lawyers at O’Hare and Koch Law Firm are ready to help. We’ll investigate your case, protect your rights, and fight for the compensation you deserve; and importantly, there are no fees or costs until we win for you.
Contact O’Hare and Koch Law Firm today for a free consultation and take the first step toward justice and recovery.