Lubbock, Midland, Odessa, Wichita Falls
Premises Liability Attorneys
When you visit a business, store, or someone else's property, you trust it will be reasonably safe. Unfortunately, dangerous property conditions injure thousands of Texans every year. The National Floor Safety Institute reports that slip and fall accidents account for over one million emergency room visits annually in the United States, making them a leading cause of preventable injuries (National Floor Safety Institute).
At Malone Legal Group, attorneys Matt and Valeri Malone bring nearly 50 years of combined experience to every premises liability case. As a husband-wife legal team, we personally handle each case with the compassion and dedication that West Texas families deserve.
Don't hesitate to contact Malone Legal Group when confronted with severe injuries and uncertainty. We will meticulously investigate your case, identifying all parties responsible for your injuries. Our Texas premises liability lawyers can delve beyond the obvious hazard, assessing property maintenance records, prior incident reports, security measures, and building code compliance. If your injuries were caused or worsened by a property owner's negligence, we can take action against property owners, business operators, and management companies, securing the compensation needed for your recovery.
Types of Dangerous Property Conditions
Property hazards that lead to premises liability claims generally fall into several categories:
Slip, Trip, and Fall Hazards
Slip and fall hazards are among the most common causes of premises liability injuries. These dangerous conditions include wet or slippery floors, uneven surfaces, torn carpeting, loose floorboards, poorly maintained stairs, missing handrails, and debris or obstacles in walkways. Property owners must promptly address these hazards or adequately warn visitors of their presence.
In Texas slip and fall cases, you must demonstrate that the property owner knew or should have known about the dangerous condition and failed to repair it or warn visitors within a reasonable time.
Inadequate Security
Inadequate security claims arise when property owners fail to provide reasonable security measures to protect visitors from foreseeable criminal acts. These failures may include broken locks, non-functioning security cameras, poor lighting in parking lots, lack of security personnel, or failure to address known criminal activity on or near the premises. Apartment complexes, hotels, shopping centers, and parking garages are frequently subject to negligent security claims.
Hazardous Property Conditions
Hazardous conditions include structural defects, exposed wiring, toxic substances, swimming pool dangers, falling objects, elevator and escalator malfunctions, and fire hazards. Property owners have a duty to regularly inspect their premises, identify potential dangers, and either repair hazards or provide adequate warnings to visitors.
The Cornell Law School Legal Information Institute explains that property owners have an ongoing duty to maintain their premises in a reasonably safe condition and to warn visitors about known dangers that may not be obvious.
Injured in a premises liability in West Texas? We can help
Dangerous property conditions can cause devastating injuries that profoundly impact individuals physically, emotionally, and financially. Whether you were harmed by a slippery floor, broken staircase, inadequate security, or hazardous structural defect, knowing how to navigate the aftermath is crucial. This comprehensive guide explores the various aspects of dealing with a premises liability claim, from immediate steps to long-term considerations.
What Are the Most Common Causes of Premises Liability Claims in Texas?
Premises liability claims arise frequently when property owners, managers, or occupiers fail to maintain safe environments for visitors. Understanding the common causes of premises liability claims is essential for protecting yourself and pursuing rightful compensation.
Slip and Fall Hazards: Wet floors, spilled liquids, freshly mopped surfaces without warning signs, and slippery outdoor conditions create dangerous situations that cause thousands of injuries each year.
Trip and Fall Dangers: Uneven flooring, torn carpeting, loose floorboards, cracked sidewalks, potholes, cluttered walkways, and debris in aisles cause visitors to lose their footing unexpectedly.
Inadequate Lighting: Poorly lit parking lots, stairwells, hallways, and common areas prevent visitors from seeing hazards and make them vulnerable to both accidents and criminal attacks.
Structural Defects: Broken stairs, missing handrails, collapsing balconies, defective elevators, unstable shelving, and deteriorating building conditions create serious injury risks.
Negligent Security: Property owners fail to provide adequate security measures such as functioning locks, surveillance cameras, proper lighting, and security personnel to protect visitors from foreseeable criminal acts.
Swimming Pool Dangers: Lack of proper fencing, broken drain covers, slippery pool decks, absence of depth markers, and inadequate supervision lead to drowning and serious injuries.
What Should I Do After Being Injured on Someone Else's Property?
Being injured on someone else's property can be a frightening and disorienting experience. However, staying calm and taking certain steps is crucial to ensure your safety and protect your legal rights. Here are some tips on what to do after a premises liability injury:
Seek Medical Attention Immediately: Your health is the priority. Get medical care even for seemingly minor injuries, as some conditions like concussions or internal bleeding may not be immediately apparent.
Document the Hazardous Condition: Take photographs and videos of the dangerous condition that caused your injury before it can be repaired or cleaned up—this evidence is critical to your case.
Photograph Your Injuries: Document visible injuries from multiple angles immediately after the accident and throughout your recovery process.
Report the Incident: Notify the property owner, manager, or employee about the accident. Request that an incident report be completed and obtain a copy for your records.
Identify Witnesses: Collect names and contact information from anyone who witnessed your fall or can verify the hazardous condition existed.
Preserve Your Clothing and Footwear: Keep the shoes and clothes you wore during the accident without washing or discarding them—they may serve as important evidence.
Keep Records of All Expenses: Document medical bills, prescription costs, lost wages, transportation to medical appointments, and any other costs related to your injury.
Do Not Give Recorded Statements: Avoid providing statements to the property owner's insurance company without legal representation.
Consult with a Premises Liability Attorney: Contact an experienced attorney who can evaluate your case and protect your rights.
Follow Medical Advice and Keep Your Attorney Updated: Attend all appointments and inform your legal team of any developments in your condition.
What Are Common Premises Liability Injuries?
Dangerous property conditions can result in a variety of injuries, ranging from minor bruises to severe, life-altering conditions. Understanding the common types of injuries that can occur from premises accidents is essential for recognizing symptoms and seeking appropriate medical care. Here are some common types of premises liability injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Hip fractures
- Broken bones and fractures
- Severe sprains and strains
- Torn ligaments and tendons
- Shoulder and rotator cuff injuries
- Back and neck injuries
- Knee injuries
- Major lacerations
- Permanent disabilities
- Assault and battery injuries from inadequate security
- Drowning and near-drowning injuries
- Fatal injuries
- Wrongful death
We also help clients fight for compensation for nonphysical injuries. Texas law allows plaintiffs to demand compensation for their emotional, mental, and psychological suffering as well as their physical pain and economic losses. Our firm may be able to help you seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after being harmed by a dangerous property condition.
What Are the Types of Premises Liability Compensation?
Victims may be entitled to various types of compensation to cover their losses and damages after being injured on someone else's property. The specific types of compensation available depend on the circumstances of the incident, the extent of the injuries, and the applicable laws in Texas. Here are some common types of premises liability compensation:
Medical Expenses: This includes compensation for all medical costs associated with the injury, such as hospital bills, surgery expenses, doctor's visits, medication costs, rehabilitation, physical therapy, and any future medical treatment required.
Lost Wages: If the injury results in the victim being unable to work, they may be entitled to compensation for lost wages. This can include wages lost during the recovery period and any future earning capacity affected by the injuries.
Property Damage: Victims can seek compensation for damage to personal belongings such as clothing, electronics, eyeglasses, or other items damaged during the accident.
Pain and Suffering: Compensation may be awarded for the physical pain, emotional distress, and mental anguish experienced as a result of the dangerous condition and the resulting injuries. This type of compensation is often more subjective and may vary depending on the severity of the injuries and their impact on the victim's life.
Wrongful Death Damages: In cases where the dangerous property condition results in a fatality, the surviving family members may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship and support.
Punitive Damages: In cases where the property owner's actions were particularly reckless or egregious—such as knowingly ignoring repeated complaints about a dangerous condition—punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
How Is Liability Determined in a Premises Liability Case?
Texas applies negligence principles in premises liability cases, meaning you must prove the property owner failed to exercise reasonable care in maintaining safe premises. You must demonstrate that the owner owed you a duty of care based on your visitor status, the owner knew or should have known about the hazardous condition, the owner failed to repair the hazard or warn you within a reasonable time, and the dangerous condition directly caused your injury.
The duty of care owed depends on your legal status as a visitor. Invitees (business customers) are owed the highest duty—property owners must inspect for hazards, make repairs, and warn of dangers. Licensees (social guests) must be warned of known hidden dangers. Trespassers receive minimal protection, though owners cannot willfully harm them and must protect child trespassers from attractive nuisances.
Liability is often established through evidence such as photographs of the hazardous condition, surveillance footage, incident reports, maintenance records, prior complaints about the same hazard, building code violations, and witness testimony.
Multiple parties can be held liable, including property owners, commercial tenants, property management companies, maintenance contractors, and government entities. Comparative negligence also plays a role in Texas—if you are partially at fault for the injury, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you may not be able to recover any damages.
What Is the Value of My Premises Liability Claim?
The value of your premises liability claim is contingent on various factors, including the severity of your injuries, the nature of the hazardous condition, the extent of your economic losses, the property owner's knowledge of the danger, and whether the owner's conduct warrants punitive damages. An experienced premises liability attorney is equipped to assess your unique circumstances and offer a more accurate estimation of the potential value.
How Can I Build a Strong Premises Liability Claim?
Building a solid claim in a premises liability case ensures you receive fair compensation for your injuries, damages, and losses. Here are steps you can take to strengthen your claim:
Document the Hazardous Condition Immediately: Evidence of the dangerous condition is critical. Take photographs and videos before the property owner can repair or clean up the hazard. Return to the scene later if possible to document whether changes were made after your accident.
Seek Medical Attention: Your health and safety should be the top priority after a property injury. Even if you don't believe you were seriously injured, undergo a thorough medical evaluation. Prompt medical attention ensures you receive necessary treatment and creates a documented record of your injuries, which is crucial evidence in your claim.
Report the Incident in Writing: File a formal incident report with the property owner or manager. Request a copy and note the date, time, and names of employees you spoke with. This creates an official record that the property owner was notified.
Gather Witness Information: Collect names and contact information from anyone who witnessed your accident or who has knowledge of the hazardous condition existing before your injury. Other visitors or employees may have complained about the same hazard previously.
Keep Detailed Records: Maintain thorough records of all expenses and losses related to the injury, including medical bills, receipts for medication and medical supplies, transportation costs to appointments, and other out-of-pocket expenses. Track missed work days and document how the injury impacts your daily life and activities.
Preserve Physical Evidence: Keep the clothing and footwear you wore during the accident. Do not wash or discard them—they may be examined to determine whether the hazard or your footwear contributed to the fall.
Follow Medical Advice: Attend all follow-up appointments with your healthcare providers and follow their recommended treatment plans. The property owner's insurance company could use failure to comply with medical advice to argue that your injuries are not as severe as claimed.
Our experienced attorneys, Matthew and Valeri Malone, are dedicated to identifying dangerous property conditions, establishing property owner liability, and securing the compensation you're entitled to. Not accepting any settlements property owners or their insurance companies offer before consulting a reputable attorney is crucial. Seeking guidance from an experienced premises liability attorney is paramount following an injury. Insurance companies representing property owners are more focused on protecting their clients than ensuring you receive proper compensation for medical expenses and related trauma. They may attempt to provide minimal payments or evade payouts entirely. Agreeing to settlements without legal consultation could result in inadequate offers that omit rightful damages such as future medical costs, emotional distress, and pain and suffering.
How Malone Legal Group
Can Help You With Your Car Accident Case
Case Evaluation: We will carefully assess the details of your accident, evidence, and injuries to determine the strength of your case and advise on the best strategy to pursue.
Gathering Evidence: Our team will gather crucial evidence, including accident reports, witness statements, medical records, and any other relevant documentation to build a robust case.
Negotiation: We will engage in negotiations with insurance companies, at-fault parties, and their legal representatives to secure a fair settlement that compensates you adequately for your losses.
Maximized Compensation: Our goal is to ensure you receive the full compensation you deserve, covering medical expenses, lost wages, pain and suffering, property damage, and more.
Managing Paperwork: We will handle the complex paperwork and legal documentation, ensuring that all deadlines are met and all necessary documents are properly filed.
Communication: Our lawyers will communicate with all relevant parties on your behalf, relieving you of the stress of dealing with insurance adjusters, opposing attorneys, and other involved parties.
Objective Advice: Emotions can run high after an accident. Our attorneys offer an objective perspective, helping you make informed decisions that are in your best interest.
Protection of Rights: Your rights will be safeguarded throughout the process, ensuring that you are not taken advantage of by insurance companies or opposing parties.
Premises liability holds property owners accountable for injuries caused by dangerous conditions on their property. Unlike car accidents or product liability claims, premises liability focuses on whether the owner failed to maintain safe premises, knew about hazards, and neglected to warn visitors or make repairs within a reasonable time. The key distinction is the focus on the property condition and the owner's knowledge, rather than an action like negligent driving. Texas law requires proving that the owner knew or should have known about the danger through reasonable inspection.
You must prove four elements: the owner owed you a duty of care based on your visitor status, the owner breached that duty by failing to maintain safe conditions or warn of hazards, the breach directly caused your injuries, and you suffered actual damages. Evidence includes incident reports, surveillance footage, maintenance records, and witness testimony. The Cornell Law School Legal Information Institute explains that proving negligence requires showing the defendant failed to act as a reasonably prudent person would under similar circumstances.
Texas allows recovery even if you share fault, as long as you are not more than 50% responsible. Your compensation is reduced by your percentage of fault. If you were 30% responsible for a $100,000 claim, you would recover $70,000. However, if you are 51% or more at fault, you recover nothing. Property owners often claim the hazard was "open and obvious," but this defense doesn't always succeed. Our attorneys can demonstrate why the danger was not apparent under the actual circumstances.
Texas law provides a two-year statute of limitations for premises liability claims. The deadline runs from the date of your injury. Missing this deadline typically bars you from filing a lawsuit. Special rules apply to claims against government entities, which require written notice within six months. Exceptions may apply for minors, mentally incapacitated individuals, or situations where injuries weren't immediately discoverable. Consult an attorney promptly to protect your rights.
Yes. Businesses owe customers—classified as invitees—the highest duty of care under Texas law. Store owners must regularly inspect for hazards, promptly clean spills, maintain flooring, and warn of temporary dangers. If a store fails these duties and you're injured, you may have a valid premises liability claim. Common retail hazards include wet floors, fallen merchandise, uneven mats, and poorly lit areas. We can obtain surveillance footage and incident reports to prove the store's negligence.
