Texas landowners and occupiers owe guests, visitors, customers, and tenants a responsibility to keep their premises safe. Failure to inspect property for problems or repair dangerous conditions, or a negligent inspection and response, can result in serious injuries. To build your case, you will need to prove that your injury arose out of a condition that could have been prevented by adequate building maintenance, that the property owner knew of the dangerous condition or should have known of it, and that the owner failed to take reasonable steps to repair or maintain the premises.
Proving that a property owner knew or should have known of a dangerous condition on the premises can be challenging. However, adequate maintenance of property includes a duty to inspect it for conditions that could cause injury to others. When a property owner fails to inspect the premises, he or she may not actually know of dangerous conditions, but he or she can potentially be held liable on the grounds of constructive knowledge. For example, if you are in a supermarket and slip on a pool of water in the frozen food section, you may be able to recover damages if you can show that the pool of water was there so long that a reasonable grocery market and its employees would have noticed it and mopped it up before your fall.
All visitors, customers, and guests to a piece of property must also use reasonable care. A property owner can defend against an inadequate maintenance claim by arguing that the plaintiff was comparatively negligent. The damages award may be reduced by the percentage of fault assigned to the plaintiff by the jury. However, if a plaintiff is found to be 51% or more at fault for causing the accident, he or she cannot recover compensation.Legal Representation for Injured Residents of Garland
It is important to contact an attorney right away after an accident on someone else's property. Evidence can slip away if too much time passes between an injury and notice of a lawsuit. An experienced Garland attorney can help you try to prove liability in a personal injury case. Call Feizy Law Office at (214) 651-8686 or complete our online form to set up a free consultation. We represent accident victims in Fort Worth, Irving, Plano, and Arlington, among other cities in the Dallas region.