You probably don’t think about premises liability until you get hurt in a place you shouldn’t have.

And then suddenly, you can’t think about anything else.

Truth be told… there’s a lot to think about.

Just because you got hurt on someone else’s property doesn’t mean you have a valid claim. But it definitely can mean you do. Knowing how premises liability works — and what it takes to have a strong injury compensation claim — could be the difference between recovering fair compensation and walking away with nothing.

WHAT THIS GUIDE COVERS

• What Is Premises Liability?
• The 3 Types of Visitors
• When Can a Property Owner Be Held Liable?
• The Most Common Types of Claims
• Elements of a Successful Injury Claim

What Is Premises Liability?

Premises liability falls under personal injury law.

Simply put, premises liability law states that a property owner can be held legally responsible for injuries that occur on their property due to unsafe conditions. A slippery floor at a grocery store, unstable railing on a staircase, or a dark parking lot are all examples of premises liability.

If the property owner knew or should have known about the hazard, they can be held liable for injuries caused by that hazard.

And that’s where an injury compensation claim comes in. The strength of that claim depends on a variety of factors which is why consulting with an experienced Dallas personal injury lawyer sooner rather than later is so crucial to protecting your right to compensation.

The 3 Types of Visitors

Here’s a fact most people don’t know…

The injured person isn’t always treated equally under premises liability law. The court divides visitors into three categories, and your category determines how much legal protection you receive.

1. Invitees

Restaurant patrons, store customers, hotel guests — basically anyone invited onto the property for business purposes. Property owners have the highest responsibility of care and must take action to protect this group. Actions like inspecting the property and fixing hazards.

2. Licensees

Social guests — think friends and family. Property owners aren’t required to go out of their way to protect licensees, but they do need to warn them about dangerous conditions that aren’t easily spotted.

3. Trespassers

Okay, this is where it gets interesting. Trespassers can still have a valid premises liability claim — especially minors. Attractive nuisance laws state that if there is an object on the property that is likely to lure children inside (like an unfenced swimming pool), the property owner may be liable if one of those children gets hurt trespassing.

Mind blown.

When Can a Property Owner Be Held Liable?

Here’s another detail most people don’t know…

Filing a claim because you were injured isn’t enough. For a premises liability case to be successful — and collect injury compensation — five things must be proven:

• The property owner owed a duty of care to the injured party
• There was a hazardous property condition
• The owner knew or should have known about the hazard
• They failed to remedy the situation within a reasonable amount of time
• The property owner’s inaction directly caused the injury

Yep. All five. If you’re missing one, the case just got significantly more difficult.

Oh, and for what it’s worth… the plaintiff success rate in premises liability trials sits at 39%, per Bureau of Justice Statistics. Having your claim structured properly from the get-go is important.

The Most Common Types of Premises Liability Claims

Premises liability can apply to many types of incidents:

• Slip and fall accidents — by far the most common type of premises liability claim
• Dog bites — owners are usually liable for injuries their dogs inflict
• Swimming pool accidents — yes, even accidental drownings
• Negligent security — failure to have proper security in place leads to preventable assault
• Falling objects — construction sites, broken merchandise in stores, items falling out of warehouses

Just how common are we talking?

Hundreds of thousands of premises liability claims are filed each year. The sheer number of slip and fall accidents in particular is staggering: over 8 million emergency room visits in the United States are caused by slips, trips, and falls each year.

What You Need to Know About the Stats

Speaking of money…

The median award for premises liability cases nationwide is $90,000 dollars. BI claims that result in serious spinal cord or nerve damage regularly exceed $150,000. Settlement amounts for less serious injuries typically range from $10,000–$25,000 though injury severity and overall strength of a claim are the biggest factors.

However…

That’s just awards from cases that go to trial. Keep in mind that only 4–5% of personal injury claims end up in front of a jury. The majority of cases are settled out of court. So the building blocks of a claim — how thoroughly it’s documented and how quickly you act — matters long before trial is on the horizon.

Elements of a Successful Injury Claim

This part is non-negotiable.

Documentation and timing are two things that set apart strong injury claims from weak ones. If you want to recover maximum compensation you believe you deserve, keep the following tips in mind:

• Report the accident as soon as possible — to the property owner, manager, or landlord on the day of the accident
• Seek medical attention immediately — even if you think your injuries are minor
• Document the scene of the accident — take photos and videos of the hazard or condition that led to your injury
• Gather witness information — don’t leave the scene without getting names and contact information from any witnesses
• Save all documentation — medical bills, lost wages, and every expense incurred as a result of your injury

Do these things and you’ll have a rock-solid foundation for your claim.

Neglect any one of them… and you’re already falling behind.

Here’s another hard truth…

Each state has a statute of limitations, or deadline, by which your injury claim must be filed. In Texas, that deadline is two years from the date of your injury. Some states offer as little as one year to file. If you miss the deadline, your opportunity to pursue compensation is gone.

Bottom Line: Know the Facts and Act Fast

Premises liability isn’t always as cut-and-dry as you might think.

Sure, getting hurt on someone else’s property is their fault — but only in certain situations. Property owners have a duty to keep their spaces reasonably safe for visitors but the level of care they owe and types of injuries that qualify for compensation varies.

Remember…

Know the facts about your case and act quickly. The stronger your documentation and the sooner a lawyer is hired, the better off you’ll be.