Kraft & Associates, P.C., are Experienced at Liability Law
If you suffer an injury on a property that is under the control of another person, company, or government agency, you may have the right to recover compensation for your injuries and losses through a special area of Texas personal injury law called “premises liability.” This set of laws determines the duties that people who own or occupy property owe to their visitors.
An experienced Dallas premises liability attorney from Kraft & Associates, P.C., can explain more in a free consultation about your case.
For more than 45 years, Kraft & Associates, Attorneys at Law, P.C., helped people in the Dallas and Fort Worth areas to seek compensation for injuries they suffered on the property of another. This includes cases involving slip and falls, inadequate security, and swimming pool accidents. We are ready to fight for your rights.
Contact us today to learn more. You will find that our attorneys and staff are friendly and easy to talk to about your case. We will focus on what is important to you and craft a legal strategy that meets your needs and goals.
What Is Premises Liability?
To understand your right to a potential financial recovery, you should understand how premises liability law works in Texas. As you will see, the law is highly complex.
The outcome of a case may depend on a single fact or a set of facts. For this reason, you should speak with an experienced Dallas premises liability attorney before you make any decisions. This includes the decision of whether to accept a settlement offer.
Generally, Texas premises liability law imposes certain duties on those who possess property. A “possessor” could own or merely occupy the property. In this sense, the law applies to a major chain like Wal-Mart as much as it does to your next-door neighbor.
Like any personal injury case, insurance plays a major role in a premises liability claim. Most businesses hold commercial liability policies that cover accidents and injuries that occur on their property. However, your Dallas neighbor most likely carries homeowner’s insurance.
Categories of Visitors
The possessor’s duty depends on the visitor’s status. Texas premises liability law puts visitors into three categories:
- Invitees – If you are on the property with the possessor’s knowledge and for your mutual benefit. A customer at a store is an example. The possessor must address or warn about dangerous conditions on the property that they know or should have known about.
- Licensees – If you are on the property with the possessor’s consent and for your own benefit or the benefit of another. A social guest and salesman are examples. The possessor must refrain from injuring you through willful or wanton conduct or gross negligence. However, if the possessor actually knows about a dangerous condition, the possessor must address or warn you about it.
- Trespassers – If you are on the property without the possessor’s consent and invitation and any lawful authority. The possessor must refrain from willful, wanton, or grossly negligent conduct that would harm you. However, a possessor may owe a greater duty if the trespasser is a child.
Again, the outcome of a case will depend on the facts. For instance, a special relationship, contract, or actions a possessor takes may define that they owe to a visitor.
Often, possessors of the property will claim that they owed no duty to a visitor. They’ll claim that the dangerous condition was an “open and obvious” one. It will be important that you allow an attorney to review the facts in your case.
After You Establish Possessor’s Duty
After establishing the possessor’s duty, the next step in a premises liability case will be to establish whether the possessor breached the duty owed to you. If so, you must prove whether that breach caused your injury as well as the extent of your physical, emotional, and financial harm.
What Types of Dallas Premises Liability Cases Do We Handle?
With more than 45 years of experience – our staff members have worked with our law firm, on average, for 25 years – Kraft & Associates Premise Liability Lawyers have the background it takes to handle a wide range of premises liability claims in the Dallas area. Our law firm works with clients in cases that include:
- Slip and fall accidents
- Inadequate security
- Escalator and elevator accidents
- Swimming pool accidents
- Snow and ice accidents.
We understand the many factors that cause accidents on the property of another. Our premises liability lawyers work with highly qualified investigators and experts who can help us to pinpoint the cause of the accident in your premises liability case.
We can establish who should be held responsible for your injuries and take immediate steps to pursue all compensation you are due.
How Can a Premises Liability Lawyer Help with My Claim?
We always listen to our clients at Kraft & Associates. It starts with a free consultation. We will find out how your property-related accident happened and how it has affected your ability to work and enjoy your life. If we agree to work together, then we can get started on your case right away.
In addition to investigating the incident that caused your injuries, we will collect and analyze your medical records to determine the nature and extent of your injuries.
Many clients we assist in premises liability claims suffer from serious, life-changing injuries, including traumatic brain injury, back and spine injury, and limb and hip fractures.
We will calculate your losses and demand a settlement from the insurance company (companies) behind the owner and/or occupier of the property where you suffered your injuries.
The specific demand in your case will depend on many factors. However, generally, a Dallas premises liability claim would seek a settlement that compensates for:
- Past and future medical bills and other associated costs
- Lost wages and loss of earning potential
- General damages such as pain and suffering
- Punitive damages (if the case involved gross negligence).
We may also seek compensation for a premises liability victim’s family members through a claim for loss of affection and services or through a wrongful death action.
By preparing a solid case that establishes liability and damages, our premises liability law firm can resolve most premises liability claims through a settlement. However, if the insurance company refuses to do what is right, the skilled trial lawyers of Kraft & Associates will be ready to fight for you in the courtroom.