Bill Wells Attorney at Law Premises Liability / Trips / Falls

Premises Liability / Trips / Falls

Falls are a leading cause of injury and death. 

Our office has represented clients in many situations involving serious injury caused by a trip or fall.  In general, in Texas, the owner or occupier of a property has a duty to make safe dangerous conditions that they owner or operator of a property knows about or should have known about.  There are literally hundreds of court cases that have been litigated and appealed that involve the application of the duty owed by the owner or occupier of a property.  The duty hinges in large part on the status of the injured person.  Texas law places a designation on your status on the property depending on the facts of your case.  In most situations that our office encounters, our clients are legally deemed to be invitees, which affords you greater protection under the law.  
An example of an "invitee" would be a shopper in a store.  When you enter a store as a shopper, you are there in the furtherance of the store's business, and in most circumstances would be considered an invitee, and afforded greater protection under Texas law.  In some instances, a person may be considered a licensee or a trespasser, and under Texas law the burden becomes more difficult for the injured party to recover.  The status of the injured person is very important to determine when evaluating a premise liability case.

Many trips and falls are caused by conditions that have been present for an extended period of time and will help us in determining fault and establishing liability.  Some examples would be a roof that has been leaking for an extended period of time and creates a slip hazard; a curb, sidewalk or parking lot that has had significant defects in it for an extended period of time and create a trip hazard; area rugs that are not secured to a floor and create trip hazards; and, electrical cords extended across a pedestrian area that create trip hazards. 

Other premise liability case involve injuries that don't involve trips and falls but involve accidents such as falling merchandize that has not been adequately secured and dangerous conditions that are left open to children.  

There are important legal deadlines in Texas that must be met in order to protect your claim if you are injured in a trip, fall or sustain an injury as a result of a dangerous condition on someone's property.  In the event your claim is not timely filed, you may lose your rights of recovery. 

When you contact our office, we will evaluate your injury claim and any deadlines that may be relevant to your claim.  In some cases the appropriate and responsible parties are not readily apparent, so it is important to timely discover all appropriate parties to protect your claim.  

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