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Premises Liability

Guests Deserve A Safe Experience

Owners of property (premises owners) have an obligation to their guests to make sure their property is free of hazardous conditions. Hazardous conditions come in many different forms. Generally, they involve a guest slipping, tripping or falling because of a hazardous condition on the premises. If a premises owner fails to fix a hazard or warn their guest of a hazard that they knew or should have known about, then that owner is responsible for injuries caused to the guest by the hazard.

For example, if a person slips on some soda spilled by a child at Walmart, which has only been on the ground for a few minutes, it is probably reasonable for Walmart personnel to not have known about the hazardous condition. However, if there is water on the floor of the bathroom in Walmart coming from a pipe that they knew had been leaking and a customer slips and injures himself, then Walmart is probably responsible because it was aware of the hazardous condition and allowed it to remain.

Case Studies

One case we handled involved the hazardous condition of inadequate lighting at an apartment complex. A 65-year-old woman came to the complex to visit her niece at night. As she walked under the covered parking area on her way through the complex, she tripped over an unseen concrete parking barrier and fell to the ground. Because of the fall, she broke her shoulder and missed four to five months of work. Further investigation showed that months earlier, the complex had completely removed all six of the lighting fixtures under the covered parking area and had failed to replace them. Because the complex owners knew that there would be no lighting under the covered parking area when they removed the light fixtures, they were responsible for the client’s injuries.

Another case we handled happened to a woman who tripped over a metal grate at work. The woman, an office worker, rarely went into her employer’s warehouse. However, one day she was asked to get a warehouseman to sign some paperwork. As she was walking back to the office, she tripped over a metal grate that was lifted above floor level some 3-4 inches. As she fell, she landed on her elbow and shattered it beyond repair. Two surgeries later, her elbow still has significant disability. The grate had become bowed over time by forklifts running over it day after day. The warehouse manager and premises owner allowed the grate to remain in the bowed condition for years. Because the premises owner knew about the hazardous condition and allowed it to remain without repairing it, the owner was responsible for the client’s injuries.

Schedule A Free Consultation

If you or a loved one has been injured on the premises of another because of a hazardous condition that should have been fixed or cleaned-up, call The Daws Law Firm today for a free assessment of whether the property owner is responsible for your injuries. You can reach our offices in Beaumont, Texas, at 409-838-6000 or use our online contact form.