We Can Hold Negligent Property Owners Accountable
If you’ve been hurt as a result of a property owner’s negligence, the Dallas premises liability attorneys at The Benton Law Firm may be able to help you hold that individual accountable for your medical bills and other injury-related expenses.
Table Of Contents
- Do I Need a Premises Liability Attorney?
- Why Choose The Benton Law Firm to Handle My Case?
- Types of Premises Liability Claims
- Common Causes of Premises Liability Accidents
- Common Injuries in Premises Liability Accidents
- Proving a Premises Liability Case
- Steps To Take After a Premises Liability Accident
- What is the Cost of a Premises Liability Lawyer?
- Contact Us Today
DO I NEED A PREMISES LIABILITY ATTORNEY?
Individuals who have been injured on someone else’s property face incredible challenges. You may be unable to work or do normal daily tasks, and you may be in pain both physically and mentally. A premises liability attorney can ease the burden on you during this difficult time. A skilled attorney who is familiar with premises liability cases will be prepared to take on insurance companies and investigate your case to determine the best way to negotiate for the compensation you deserve. An experienced premises liability attorney will also be prepared to go to trial on your behalf if necessary.
Premises liability attorneys are familiar with the requirements involved in proving that a property owner was legally negligent. They can gather the evidence and make the arguments necessary to show that the at-fault party should pay for your injuries and expenses. A knowledgeable premises liability attorney will make it much more likely that you can recover the largest award possible in your particular situation.
WHY CHOOSE THE BENTON LAW FIRM TO HANDLE MY CASE?
When an accident on someone else’s property has injured you or a loved one, there are many issues that you must pay attention to. The immediate issues involve obtaining necessary medical treatment. It may be even more overwhelming to try to select an attorney to help you with your case. At The Benton Law Firm, we are committed to fighting for your rights. We offer a free consultation to help you understand the legal options available to you. When we represent you, we use our extensive experience to negotiate a fair settlement and advocate for your legal rights.
Jeff Benton founded The Benton Law Firm because he understands the plight that injured people find themselves in. Before founding the firm, Jeff practiced law at a large firm in Texas. He also clerked for Judge Andrew S. Hanen in federal district court. These experiences set the stage so that Jeff could develop the skills that have made him a successful premises liability lawyer today. Jeff has obtained numerous positive outcomes, including some premises liability matters that have resulted in compensation of nearly one million dollars for his clients. Jeff is also highly-rated, and he maintains a 10/10 superb rating on Avvo.
At The Benton Law Firm, we are dedicated to providing you with the best possible legal representation. We strive to serve your needs efficiently and effectively. If you or a loved one has been devastated by a premises liability injury, you can rely on us to represent your best interests. You will be included every step of the way as we work toward obtaining the compensation you deserve.
TYPES OF PREMISES LIABILITY CLAIMS
There are many ways a property owner can fail to hold their property to a safe standard. Missing warning signs, allowing water to pool, staircases with missing steps, and toxic materials all imply that safety has been neglected. Whether it is done to cut costs or out of sheer neglect, it is unacceptable to ignore your guests’ safety. Some common reasons people are injured on unsafe premises include:
- Slip and Fall
- Elevator / Escalator Injuries
- Porch Collapse
- Stair Collapse
- Inadequate Security
- Parking Lot
- Lead Paint Poisoning
- Mercury Poisoning
Being the victim of a dangerous environment can be incredibly costly. Expensive medical bills, missed time from work, and potentially lifelong complications from the injury can all conspire to alter your life’s course in a way that you did not want or expect. However, an experienced Dallas personal injury lawyer from The Benton Law Firm may be able to help you recover damages from the party responsible for your injury.
COMMON CAUSES OF PREMISES LIABILITY ACCIDENTS
While most people are familiar with the idea that slip and fall accidents can result in premises liability claims, there are other safety issues that can lead to a premises liability accident. When a property owner is negligent in handling and maintaining their property, accidental injuries can result. Those injuries and the conditions that caused them could be grounds for premises liability claims.
Some of the most common causes of accidents that could result in a claim include:
- Uneven flooring or cracks in flooring
- Unmarked or uneven stairs
- Wet flooring
- Snow, ice, or slick conditions
- Stairs with no handrailing
- Unlit or poorly lit property
- Unsafe walkways
- Falling or unsecured objects
- Improperly stored toxic materials
- Improperly labeled toxic or hazardous materials
- Exposed wires or wiring
- Animal attack
- Unsafe construction zone conditions
- Preventable fires
- Lack of emergency exits or improperly marked exits
- Insufficient property security
- Unsafe swimming pools
COMMON INJURIES IN PREMISES LIABILITY ACCIDENTS
The nature of the accident, plus where and how it occurred, are major factors that play into the severity of premises liability injuries. An individual that has not been warned about the presence of a dangerous animal by a negligent property owner could face serious bite wounds, broken bones, facial injuries, and infection. However, someone involved in a slip and fall accident may need time to recover from a concussion, dislocated hips, and cuts and bruises.
Every premises liability accident is unique and should be treated as such. People hurt in these situations can face staggering medical costs associated with their injuries. Hospital bills, doctor’s visits, medications, physical therapy, and rehabilitation costs can quickly add up, not to mention the “cost” of not being able to work and earn a paycheck while recovering.
How serious can a premises liability accident be? Take a look at some of the most common injuries associated with these types of claims:
- Head, neck, and spinal injuries
- Internal bleeding
- Organ damage
- Fractured bones
- Facial injuries
- Dislocated limbs
- Electrocution injuries
- Traumatic brain injury
- Sprains and strains
- Joint injuries
- Wrongful death
PROVING A PREMISES LIABILITY CASE
No matter the type of premises liability claim or accident you were involved in, the proof required in each case follows a similar format. There are several elements that you must always satisfy in order to have a successful case. These elements make up the concept of negligence, which is typically central in injury claims.
Negligence is made up of four elements. They include duty, breach of duty, causation, and damages. Property owners owe different kinds of visitors different levels of duty. As long as you were on the property where you were injured legally, the owner should owe you some level of care. Any breach of that duty opens up the possibility of a lawsuit. For example, if a property owner is aware (or should be aware) of a hazard on their property but fails to promptly repair it or warn visitors about it, they have breached their duty of care.
After proving these first two elements, you will have to prove that the breach of duty directly caused your injuries. This can usually be demonstrated using evidence from the scene of the accident, such as photos, surveillance footage, maintenance records, and witness testimony. Finally, you will have to demonstrate that your injuries caused you significant damages. This will usually require you to access your medical records and billing statements to demonstrate both that your injuries were severe and that the financial cost was heavy.
Your attorney must prove each element in order to receive compensation in your case. The attorneys at The Benton Law Firm will evaluate your case to determine its potential for success. We will conduct negotiation and litigation based on the estimated value of your case. The things you may be compensated for include medical expenses that arose because of your injury, pain and suffering, and lost wages if you must miss a significant amount of work due to your injuries.
STEPS TO TAKE AFTER A PREMISES LIABILITY ACCIDENT
The days and weeks after a premises liability accident can be crucial in preparing for your premises liability claim. Although being involved in a serious accident is frightening, it is important to take steps now to strengthen your claim and protect your rights throughout this process.
Consider these steps in the wake of a premises liability accident:
Document the Dangerous Condition
- If you are physically able, try to document the scene of the accident. Take as many pictures of the area as possible and gather personal information from those who witnessed the accident. Without documentation and photographs, it can be hard to prove that there was a wet spot on the floor, or that an uneven stair wasn’t properly marked. When a property owner gets wind that a premises liability claim may be involved, he may take steps to remedy the condition before a lawsuit can be brought.
Seek Medical Attention
- Even if you think your injuries are minor, you must seek medical attention immediately after an accident. A concussion may feel like a headache or slight dizziness in the beginning and turn into something much more serious if not caught or treated right away. It is also important to establish that an injury did take place. Medical records are vital in premises liability claims. Insurers may be able to deny a claim entirely if proper medical care was not administered and properly documented.
- In the same vein, it is important to always follow your physician’s medical instructions. If you are being asked to take medication, change bandages, or go to physical therapy, you need to comply with these instructions. If possible, also document your injuries with photographs.
File an Injury Report
- If the injury occurred while you were on a commercial property like a grocery store, gym, apartment, or office building, you may also need to file an accident injury report. Let management know about your injury. Some places of business have a specific process for documenting accidents. Completing an injury report on the spot may also alert the business that they will need to preserve all evidence, such as surveillance or video recording from the day in question.
Keep All Receipts
- It’s important to keep a paper trail. Make sure that you keep all receipts that pertain to your accident and subsequent injuries. This can include doctors’ and hospital bills, receipts for prescriptions, and mileage to and from appointments. Keep a record of anything you pay for out-of-pocket that is a result of your accident and injury.
Hire an Experienced Premises Liability Attorney
- You may do everything right and still be on the hook for your expenses. Contact an experienced attorney as soon as possible if you’ve been injured by a negligent property owner’s actions. An attorney can help you sort through your legal options, protect your rights, file an insurance claim, or take a property owner to court. An attorney can also use the law to secure vital evidence, such as video footage, before it is lost or destroyed.
WHAT IS THE COST OF A PREMISES LIABILITY LAWYER?
The amount of money you may have to pay out-of-pocket for a premises liability accident can be astronomical. Medical bills can become overwhelming, depending on the severity of a person’s injury, but medical bills aren’t the only thing that you need to take into consideration.
Think about the time that you will have to miss from work. You can’t work if you are severely injured and need time to recover. You could be missing out on the vital income you need to keep your head above water during this difficult time. What about your emotional distress and pain and suffering? Don’t you deserve full and fair compensation for everything that you have been through: medical bills, loss of income, and pain?
Without seeking help from an experienced attorney, you may be missing out on the compensation that you deserve. At The Benton Law Firm, we understand that you may be in a financial bind after a serious accident. That is why we offer a free consultation. We work on a contingency fee basis. That means you don’t owe us anything up front; our payment is contingent upon your compensation. If we don’t get money for you, you don’t pay us. You shouldn’t miss out on quality legal counsel just because you are financially strained by the aftermath of hospital bills after a serious accident.
Interested in talking to an experienced premises liability attorney about your case? Contact the team at The Benton Law Firm today. Let’s discuss your situation for free and review your legal options. You deserve to find out how to seek full and fair compensation for your injuries from a negligent property owner.
CONTACT US TODAY
If you have been the victim of a negligent property owner, you should not have to go through the challenges that were imposed upon you alone. Get in touch with a lawyer from The Benton Law Firm. Contact us at (214) 777-7777 to learn more.