Attorney for Dallas Slip & Fall Injuries
The Dr. Shezad Malik Law Firm helps folks get the recovery they need after being involved in a Slip and Fall or Trip and Fall accident.
Dr. Shezad Malik has the experience both as a medical doctor and attorney in evaluating and representing injured people in premises liability lawsuits. These victims have been injured because of the negligence of landowners, occupiers of land or property, and businesses that failed or refused to make the premises or location safe.
Dallas Slip and Fall Attorney
Dr. Shezad Malik Law Firm, is a full-service law firm based in Dallas, Texas offering skilled legal representation and utilizing medical knowledge to help people with serious or catastrophic injuries they have incurred on dangerous or defective premises. You need representation by trial lawyers who are committed to principals of aggressively safeguarding the rights of their clients, and who have the experience handling premises liability cases.
Many premises liability and slip and fall cases are lost by summary judgment dismissal without any recovery for the Plaintiff. This is because of the law in Texas governing premises cases; the plaintiff has to overcome many hurdles, most important of which is the notice provision. In other words how long was the dangerous condition present and did the owner/occupier of the premises have sufficient notice to make safe or issue a warning.
Fort Worth Trip and Fall Lawyer
Premises liability injury cases in Fort Worth, Texas cover a wide range of conditions in which people are injured or suffer a wrongful death on a commercial or residential property, the following are some examples of our representative cases:
- Slip and fall injuries to the knee, hip, back or spine injuries when a customer slips on a wet floor that lacks signs to warn customers of slippery conditions at a store, club, salon, restaurant, etc.
- Trip and fall injuries such as bone and skull fractures when a convention guest trips on cleaning supplies left in a hallway or a rug that is frayed or bunched up in front of a door.
- Dog bites from a dog that is not restrained on its owner’s property.
- Being struck on the head or body by falling merchandise at a store.
- Suffering an injury from an elevator or a door with a broken closing device.
- Being sexually assaulted because a hospital did not provide security.
- Dram Shop liability because a bar served its customer drinks until he/she was intoxicated and then the customer drove and injured a person.
An owner or occupier of land has the duty to protect invitees and others (see below) from encountering and being injured by dangerous hazardous conditions and defects on the property, that they knew or should have known existed. The owner/occupier has a duty to exercise reasonable care in the maintenance of these premises and to avoid exposing folks to an unreasonable risk of harm. It is this breach of duty that has to be proven by the plaintiff in Premises Liability cases.
“Slip and fall” or “trip and fall” accidents are the most common form of premises liability cases. Common everyday conditions or defects leading to premises liability accidents include wet slick floors, slippery surfaces, uneven floors or steps, cracked sidewalks, broken stair rails, falling objects, high-stacking merchandise, torn carpeting, poor lighting, inadequate security, dangerous conditions caused by inclement weather such as sleet, rain and ice, and failure to secure a swimming pool area etc.
Texas law requires landowners and occupiers to routinely inspect the premises they own or occupy to discover any dangers or defects that exists, and to warn their tenants/employees/customers (their “invitees”) of known dangers, and to undertake reasonable precautions to prevent injury to their invitees BEFORE injury results. This is the duty that the law imposes on the owner and occupier of the premises.
The type and cause of the slip and fall accident is not the only factor – your recovery also depends on your relationship to the property owner; in other words your status at the time of injury. There are three different classifications, each of which carries different responsibilities for the property owners.
- Invitees are people who have been invited into an establishment, either directly or indirectly. For example you are an invitee to a retail store, even if the store didn’t directly invite you in, or as an employee in the workplace. The burden of proof in a slip and fall accident case is to show that the property owner should have known about the hazard through reasonable care.
- Licensees are folks who have a license to enter an establishment. Examples include postal carriers, door to door salesmen or social guest. The injured have to prove that there was a specific defect causing the injury, and that the property owner knew about it, or should have know about it.
- Trespassers are people who have not been invited in any way to visit a property. An example would be a stranger who decided to walk in a neighbor’s yard. If the individual injures himself through a slip and fall accident, he would not have a case unless there was no fence or a fence was wide open. Property owners are not required to provide any warnings about hazardous conditions unless they are very dangerous.
Regardless of the specific condition or defect or where the accident may happen, all property or building owners have a certain level of responsibility or duty to make sure an environment is safe. The issue of liability or fault depends upon whether the landowner or landholder had actual or constructive notice (knew or should have known) of the dangerous condition or defect that caused the accident.
In order to be successful in a premises liability lawsuit, the plaintiff must prove that the defendant knew or should have known that the dangerous condition or defect existed causing the incident (notice), and that he was directly damaged as a result of this dangerous condition or defect. And that this injury was caused by and was foreseeable because of the dangerous condition or defect.
This notice provision is usually the hardest thing to prove in a premises liability lawsuit. Unless you can prove to the court that there was sufficient, significant and timely notice, most slip and fall cases get dismissed and the plaintiff does not get his day in court to prove up his damages.
Situations of Premises Liability
There are countless situations that may give rise to premises liability claims as described above. Determinations as to the fault and legal responsibility of the property owner depends on the legal status of the injured party. Visitors to the premises of others will be categorized as an invitee, a licensee, or a trespasser, as outlined above. Determination of status is a critical step in any analysis of potential financial recovery in a premises liability claim.
Liability of Property Owner
In addition to the status of the injured party, the actions or omissions by the property owner will need to be evaluated. It is important to assess whether the property owner took appropriate and reasonable measures to ensure visitors safety. Questions to consider include whether dangerous physical conditions have been fixed or guarded against and whether visitors received any type of warning. It will be important inquire as to whether or not the property owner had awareness of a danger but did not make attempts to correct it. For example, if a hole in a pavement went unrepaired for many months and a visitor was injured, then property owner’s liability increases. But, if somebody spills a liquid on the premises and another visitor immediately falls down, liability on the part of the property owner is less likely, if at all, as there would have been very little intervening opportunity in which to fix the dangerous condition.
Determining Financial Compensation
When a serious injury occurs there can be significant past and future medical costs, lost wages and pain and suffering arising from these types of accidents. Folks who have been injured because of the dangerous conditions are well advised to seek the advice of an attorney as soon as possible. It is imperative that any physical evidence relating to the injury event be preserved, accessed and recorded before it is removed or destroyed. Another consideration is the statute of limitations in Texas, which is 2 years from the date of the injury, on this type of tort claim which limits the time available to file a slip and fall premises liability lawsuit.
Premises Liability is the term used when another person or business is responsible for injuries caused by the negligent, dangerous design or upkeep of property. The following are examples:
- Slip and Fall Accidents
- Slippery surfaces due to wetness, icy or uneven floors
- Poorly maintained, negligently repaired or broken pavements
- Dangerous Stairs / Defective Elevators / Unsafe Escalators
- Construction / Workplace Accidents due to equipment failure, dangerous ladders & broken scaffolding and the general failure to provide adequate training or functioning safety equipment
- Businesses are obligated to provide a safe place for customers and their employees.
Negligent Security – An Overview
Negligent security lawsuits are asserted by folks who are attacked or victimized on someone else’s property. Premises liability law controls negligent security claims because they arise from the ownership or control of property or “premises.” Under premises liability law, a property owner or the party responsible for maintaining the property may be held liable for the injuries of another if the injuries were the result of a dangerous condition on the property. While there are several circumstances that create unsafe conditions, negligent security law traditionally has addressed those unsafe conditions created by third-party attacks.
Negligent security allows recovery by injured parties against property owners and property managers for foreseeable criminal attacks by third parties. Attacks occurring at places like apartments, hotels and motels, condominiums, bars, college and university dormitories and campuses, shopping centers and malls, private clubs, amusement parks and other public areas or buildings may give rise to a negligent security claim.
If you were injured in an attack or assault by a third party on someone else’s land or premises, you should consult an experienced negligent security attorney as soon as possible about your available legal remedies.
If you have additional questions or concerns regarding Texas laws on Slip and Falls Premises Liability, contact Dr. Shezad Malik in Dallas 214-390-3189 or click here and fill out our contact form for a free consultation.