Texas Premises Liability Attorneys
At Miller Weisbrod Olesky, Attorneys At Law, our team of accomplished Premises Liability Attorneys offer you sound legal guidance and experienced representation in seeking full financial compensation if unsafe conditions or security lapses caused your serious injury or the loss of a loved one. Contact us today for a free consultation.
Premises liability lawsuits holds a property owner responsible for damages arising out of an injury on that person or entity's property. Owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it. Failure to keep the property safe for visitors results in "premises liability."
Miller Weisbrod Olesky, Attorneys At Law, have obtained substantial multi-million dollar recoveries on behalf of families nationwide.
$2.13 million against an apartment complex for not providing a safe structure as well as against the Construction company that performed Inadequate Maintenance; injuring our client in a Balcony collapse
Common premises liability lawsuits
Different states follow different rules about who may recover for premises liability. Some states focus on the status of the person visiting the property to determine whether liability is appropriate. The status of a visitor in those states is usually invitee, licensee, or trespasser.
- An invitee is somebody invited onto a property for a commercial purpose, such as a customer at a mall
- A social guest or licensee is also present on the property at the invitation or by permission of the property owner or occupant. For invitees and licensees, the invitation is an implied promise that it is safe to be on the property
- Trespassers who are on the property without any right to be there and who are hurt are unable to recover at all. The owner or occupant must simply refrain from intentionally trying to hurt the trespasser, such as by setting traps. In some cases, when an owner knows it is likely there will be a trespasser, it is required to give reasonable warnings of non-obvious dangers to trespassers
Limitations on Recovering for Premises Liability
Most states follow the principles of comparative negligence in premises liability cases. This means an injured person who is partially or fully responsible for what happened cannot recover for damages arising out of a dangerous property condition.
Comparative Negligence
States that follow comparative negligence can use one of three rules.
- Pure comparative negligence
This allows a plaintiff to recover damages from the defendant minus his or her percentage of responsibility - Modified comparative negligence
In some states a plaintiff will not recover if the jury determines he or she is equally responsible (50%) or more for an accident. - Slight/gross negligence
The plaintiff’s and defendant's respective degrees of fault are only compared when the plaintiff's negligence is considered "slight," and the defendant's negligence is considered "gross." The plaintiff is barred from recovery if his or her fault is more than "slight"
Injuries Caused by Dangerous Premises
Missing handrails. Broken or slippery floors. Doors that do not lock properly. Insufficient security lighting. Ignored reports of dangerous conditions, maintenance issues or criminal activity. If negligent maintenance or inadequate security caused your serious injury or a loved one's fatal accident, you may have a legal right to seek financial compensation under premises liability law.
Store owners, property management companies and apartment complexes have a legal obligation to make reasonable efforts to keep their premises safe for use by patrons or residents. When they fail to provide adequate warning of dangerous conditions or take reasonable action to correct a threat to safety, they may be held responsible to pay for damages in a premises liability lawsuit.
Experienced Representation in Premises Liability Cases
Our firm is nationally-recognized as a leader in plaintiffs' personal injury trial law. We represent clients nationwide who have suffered catastrophic injury, such as brain injury or spinal cord injury, in accidents or criminal acts that occurred on dangerous premises, including:
- Slip and fall accidents resulting in brain injury, spinal cord injury or any other catastrophic injury
- Rape, assault, battery or any other violent crime
- Wrongful death claims in cases in which negligent security has resulted in homicide
If you were badly hurt or permanently disabled or a loved one died due to negligent maintenance or security at a department store, other retail establishment, office building or apartment complex, Miller Weisbrod Olesky, LLP can help you understand your rights and evaluate your options in filing a premises liability claim or lawsuit.
Contact Miller Weisbrod Olesky
At Miller Weisbrod Olesky, Attorneys At Law, our team of Premises Liability Attorneys offer you legal guidance and experienced representation in seeking full financial compensation if unsafe conditions caused serious injury or the loss of a loved one.
Contact us today for a free consultation at (214) 987-0005.