"I have successfully represented injured clients in many types of premise liability accidents in Texas including slip and fall cases, trip and fall cases, merchandise falling on shoppers, malfunctioning elevators, bug bite cases at motels, malfunctioning automatic sliding doors, malfunctioning rides at amusement parks, assaults on persons caused by inadequate security, and more. I know premise liability law in Texas and will give your case my personal attention and best efforts."
Sheadyn R Rogers, President of Rogers Law Firm
Owners of both residential and commercial property owe a duty of ordinary care to keep the property reasonable safe for guests who are invited to the property. If you are invited to enter the premises, such as when you visit a grocery store, mall, amusement park, office, or a neighbor's home, it is easier to recover for injuries caused by a dangerous condition of the property than if you are a trespasser on the property. The elements for a successful cause of action for premise liability in Texas include the following:
- The injured plaintiff was invited to enter the premises - an "invitee" is a person who enters the premises with the owner's knowledge and for their mutual benefit;
- The defendant was a possessor of the premises;
- A condition on the premises posed an unreasonable risk;
- The defendant knew or reasonably should have known of the dangerous condition;
- The defendant breached its duty of ordinary care by failing to adequately warn the plaintiff of the dangerous condition, or by failing to make the condition reasonably safe; and
- The defendant's breach proximately caused the plaintiff's injuries and damages.
One of the most difficult elements you must prove to win your premise liability case is that the owner of the premises knew or reasonably should have known of the dangerous condition on the premises. For example, In a slip and fall case, this can be proven in one of three ways: (1) with evidence that the owner of the premises put the foreign substance on the floor, (2) with evidence that the owner knew the substance was on the floor and failed to remove it, or (3) with evidence that the dangerous substance was on the floor long enough in time that, in the exercise of ordinary care, it should have been discovered and removed.
In addition to the difficulty in proving knowledge or constructive knowledge of the dangerous condition on the property, owners can also defend a premise liability claim with evidence that the injured party saw the dangerous condition prior to the accident, that the condition was "open and obvious" to the public, and that the injured party was negligent by failing to keep a proper lookout in order to avoid the accident.
It is therefore imperative that if your are injured in a slip and fall or trip and fall accident, that you identify what caused you to fall and that you take photographs with your cell phone at the scene of the accident of the dangerous condition that caused your accident. Also, it is important that you report the accident immediately to the on site manager if your are injured at a commercial property so that an accident report is generated and that you ask for a copy of the accident report. If you are hurt in the fall, you should seek medical treatment immediately either at an emergency room at your local hospital or your doctor.
Types of premise liability claims and dangerous conditions on property that often cause accidents and injuries include some of the following:
- wet and slippery floors ;
- uneven surfaces that cause trip hazards;
- spills that cause slippery floors;
- malfunctioning escalators and elevators;
- falling merchandise from shelves;
- obstructions in walkways;
- bug bites in hotels and motels;
- unsafe conditions in amusement parks (such as rides) and waterparks;
- negligent and inadequate security involving crimes against persons and property.
Premise liability lawyer Sheadyn R Rogers of Rogers Law Firm has successfully represented injured clients in each of the above mentioned premise liability types of cases. If you are hurt by a dangerous condition on property, the best thing you can do is to consult with a Board Certified Personal Injury Trial Lawyer as soon as possible after your accident. Rogers Law Firm can collect important and valuable evidence needed to prove liability against the property owner in your case and to avoid many of the pitfalls and defenses that the owner of the premises, by and through their insurance company and defense attorneys, will raise against you to defeat your claims. Rogers Law Firm will also seek to recover fair compensation for all of your damages including medical bills, loss of earnings, physical pain and suffering, mental anguish, and physical impairment. For more information about the types of damages you may be entitled to, please see Rogers Law Blog: Damages Recoverable in a Texas Personal Injury Lawsuit.
If you have been injured as a result of a dangerous condition on someone's property, call Corpus Christi premise liability and personal injury lawyer Sheadyn R. Rogers at (361) 356-6057 today for a free consultation concerning your case or fill out the law firm's free online consultation request form. Sheadyn R. Rogers handles premise liability cases throughout the Corpus Christi and all of South Texas.