Slip, Fall, or Something Worse? When a Premises Liability Case Is Actually Worth Pursuing in Dallas
A premises liability case may be worth pursuing in Dallas when unsafe property conditions caused serious injuries, and there is evidence that the owner or occupier knew or should have known about the danger. A simple accident is not always enough to create a legal claim.
These cases often turn on proof. Benton Accident & Injury Lawyers can help injured people evaluate the hazard, the available evidence, and the losses caused by the accident.
How Do You Know if You Have a Premises Liability Case?
You may have a premises liability claim if your injuries are serious, the hazard that caused them was preventable, and evidence connects the unsafe condition to your accident. The stronger the proof, the stronger the claim.
For example, a case may be worth reviewing if you slipped on a spill that employees ignored, tripped on broken flooring, fell on unsafe stairs, or were injured due to poor lighting or negligent security. The key question is not just whether you were hurt. It is whether someone failed to use reasonable care to keep the property safe.
What Does an Injured Person Have to Prove?
An injured person generally must prove that a dangerous property condition caused the injury and that the property owner failed to meet the duty owed under Texas law.
For an invitee, this generally requires showing that a condition on the property posed an unreasonable risk of harm, the owner knew or reasonably should have known about it, and the owner failed to exercise reasonable care to reduce or eliminate the risk.
This often requires evidence showing how long the danger existed, whether employees saw it, or whether it existed long enough that the owner or occupier should have discovered it through reasonable inspection. Without that evidence, an insurance company may argue the accident was unavoidable.
Can a Case Still Be Worth Pursuing if You Were Partly at Fault?
Yes, a case can still be worth pursuing if you were partly at fault, but Texas law can reduce or bar compensation. Under Texas Civil Practice and Remedies Code § 33.001, a claimant cannot recover damages if their percentage of responsibility is greater than 50%.
If you are 50% or less responsible, your compensation may be reduced by your share of fault. This is why insurance companies often argue that the hazard was obvious, that you were distracted, or that you should have avoided it.
When Might a Premises Liability Case Not Be Worth Pursuing?
A case may not be worth pursuing if there is no clear hazard, no meaningful injury, no evidence, or no way to show the owner knew or should have known about the danger. A fall alone does not prove negligence.
For example, if you tripped but were not injured, or if the hazard appeared only seconds before the accident, the claim may be difficult. However, it is still worth getting an opinion if you suffered serious injuries or are unsure what evidence may exist.
How Long Do You Have to File a Premises Liability Lawsuit in Texas?
In most Texas personal injury cases, Texas Civil Practice and Remedies Code § 16.003 gives victims two years from the date the cause of action accrues to file a lawsuit. Missing this deadline can prevent you from pursuing compensation.
You should not wait until the deadline is close. A lawyer may need time to investigate, preserve evidence, identify responsible parties, and document your damages.
FAQ
Does Every Slip and Fall Lead to a Lawsuit?
No. A slip-and-fall claim is usually viable only if an unsafe condition caused the fall and the property owner failed to exercise reasonable care.
What if There Were No Warning Signs?
A missing warning sign can help your case if the property owner knew or should have known about the danger. However, you still need evidence showing the hazard caused your injury.
What if I Fell at a Store, Apartment Complex, or Stadium?
You may have a claim against a party that owned, occupied, or controlled the area and owed you a duty under the circumstances. The responsible party depends on who controlled the area and what caused the injury.
Should I Accept an Insurance Offer?
You should be cautious before accepting an early offer. It may not include future medical care, lost income, or the full impact of your injuries.
Contact a Dallas Premises Liability Lawyer at Benton Accident & Injury Lawyers for Help
If you were hurt on unsafe property in Dallas, TX, your case may be worth pursuing if the evidence shows a property owner failed to address a dangerous condition. Benton Accident & Injury Lawyers can investigate what happened and help you understand your options.
For more information, contact an experienced Dallas premises liability attorney at Benton Accident & Injury Lawyers to schedule a free consultation today.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861
About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
