Fort Worth Premises Liability Attorney

Common Locations of Premises Liability Claims

Dangerous property conditions can exist anywhere, but certain commercial and residential spaces in Fort Worth see a higher concentration of premises liability accidents:

• Retail Stores and Supermarkets: Spillages in grocery aisles, fallen merchandise, or overcrowded walkways.
• Apartment Complexes and Condominiums: Poorly lit stairwells, broken security gates, rotting deck wood, and unmaintained common areas.
• Restaurants, Bars, and Nightclubs: Dim lighting, liquid spills, torn carpeting, crowded dance floors, and a lack of security personnel to prevent physical altercations.
• Parking Lots and Parking Garages: Large potholes, cracked concrete, poor lighting, and accumulated ice during North Texas winter storms.
• Construction Sites: While workplace safety rules apply, visiting pedestrians or third-party contractors can sue property owners for failing to secure hazardous zones.
• Amusement Parks and Entertainment Venues: Defective rides, unmaintained walkways, or poor crowd control measures.

Texas Premises Liability Laws

Texas premises liability law classifies visitors into three categories, and the property owner's duty of care depends on which category applies:

• Invitees are people who enter a property for the owner's benefit, such as customers at a store. Property owners owe invitees the highest duty of care, including regularly inspecting for hazards and fixing or warning of any dangers.
• Licensees are social guests who enter with permission but not for the owner's business benefit. Owners must warn licensees of known hazards that aren't obvious.
• Trespassers enter without permission. Property owners generally owe trespassers a limited duty of care, though exceptions exist, particularly involving children under the "attractive nuisance" doctrine.

Texas also follows a modified comparative fault rule, meaning an injured person can still recover compensation as long as they're found less than 51% responsible for the accident, though their award will be reduced by their percentage of fault.

When Is a Property Owner Liable for Injuries on Their Property?

Simply being injured on someone else's property isn't enough to establish liability. To hold a property owner responsible, you generally must prove:

• The property owner owed you a duty of care based on your status as an invitee, licensee, or, in limited cases, a trespasser.
• A dangerous condition existed on the property, such as a spill, broken step, or inadequate lighting.
• The owner knew or reasonably should have known about the hazard and failed to address it within a reasonable time.
• The hazardous condition directly caused your injury and resulting damages.

Our attorneys thoroughly investigate every premises liability claim, gathering surveillance footage, maintenance records, incident reports, and witness statements to build a compelling case that proves these elements.

Compensation for Injured Guests or Patrons

If you were injured due to a property owner's negligence, you may be entitled to compensation for:

• Medical expenses, including emergency care, surgeries, and ongoing treatment
• Lost wages and diminished future earning capacity
• Pain and suffering from physical and emotional trauma
• Permanent disability or disfigurement
• Rehabilitation and therapy costs
• Out-of-pocket expenses related to your recovery

Frequently Asked Questions

What should I do immediately after a slip-and-fall accident?

First, report the injury to the property owner, store manager, or landlord immediately, and ensure they write an official incident report. Take extensive photos of the exact hazard (such as a puddle, broken step, or icy walkway) and gather contact information from any witnesses. Seek prompt medical care, and contact an attorney before speaking with an insurance adjuster.

What is the deadline to file a premises liability lawsuit in Texas?

In Texas, the statute of limitations for personal injury and premises liability claims is two years from the date the injury occurred. If you fail to file a lawsuit before this deadline, you will be permanently barred from recovering compensation.

Can I recover compensation if there was a "Caution: Wet Floor" sign?

It depends on the placement and visibility of the sign. If the sign was clearly visible and properly warned you of the hazard, the property owner may have fulfilled their duty of care. However, if the sign was hidden around a corner, placed after the accident occurred, or the hazard was so severe that a simple sign was insufficient, you may still have a valid claim. Our team can evaluate the specific details of your case.

Do I have a case if I was injured at a friend's house?

Possibly. Property owners owe licensees (social guests) a duty to warn of known hazards that aren't obvious. If your friend knew about a dangerous condition and didn't tell you, you may have grounds for a claim.

What if the property owner claims they didn't know about the hazard?

You may still be able to recover compensation if you can show the owner should have known about the hazard through reasonable inspection. This is often established through maintenance logs, past complaints, or how long the hazard existed.

Can I file a claim if I was partially at fault for my accident?

Yes. Texas's modified comparative fault rule allows you to recover damages as long as you're found less than 51% at fault, though your compensation will be reduced by your percentage of responsibility.

Schedule a Free Consultation with Turner-Monahan, PLLC Today

Do not let a negligent property owner or their insurance company pressure you into accepting a quick, lowball settlement. Since 1973, Turner-Monahan, PLLC has fought to protect the rights of injured individuals in Fort Worth, Cleburne, Burleson, and surrounding areas. We handle all premises liability cases on a contingency-fee-basis, meaning you pay nothing out of pocket, and we only collect a fee if we win your case.

Contact us today to schedule your free consultation.