Law Office of Avery McDaniel | Premises Liability Claims

Premises Liability Claims

- Comprehensive Legal Representation
- Types of Premises Liability Claims
- Compensation You May be Entitled To
- Things You Should Do Related to a Premises Liability Claim

- Wrongful Death

Premises liability law involves the legal responsibilities of property owners, management companies and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The law establishing property owner liability can be complicated and liability may be determined based on where the injury occurred.

Understanding the premise liability laws and principles is critical in determining whether you or a loved one has a valid claim and how you will present your case. The Law Office of Avery McDaniel has represented clients in many premises liability cases for over 14 years. Our firm has significant knowledge and experience in handling all types of premises liability claims, in evaluating our client’s cases, dealing with insurance companies and, if necessary, filing a lawsuit and taking the case to trial. If you or a loved one has been injured on another’s property, call the Law Office of Avery McDaniel at (817) 810-9500 for a free consultation.

Comprehensive Legal Representation

Each premises liability incident must be investigated individually to establish case specifics. The experienced attorneys at the Law Office of Avery McDaniel will thoroughly investigate and assess your premises liability claim, the medical evidence used to evaluate physical injuries, and the economic and accounting principles required to evaluate your losses. Our experience in premises liability litigation is extensive. Our firm’s experienced and aggressive team of lawyers and legal staff is committed to helping you achieve fair compensation for your claim (whether in pre-suit settlement negotiations, mediation, arbitration or trial) and to ensure that your rights and interests are protected. We provide the strongest possible representation.

Types of Premises Liability Claims

An injury or death resulting from the negligent design, maintenance or operation of a property leaves the injured person or their family with the legal right to pursue a claim for compensation against the property owner, landlord or another party responsible for maintenance. Property owners are legally obliged to maintain safe conditions at all times.

“Premises Liability” claims are generally described in two areas:

“Slip and Fall” or “Trip and Fall”

These accidents occur due to, among other things, improper design, maintenance and operation of a business owner or property owner’s property. Slip and Fall or Trip and Fall cases include, among other things:

Wet, slippery or icy surfaces
Broken/uneven pavement
Falling merchandise
Equipment falls – elevators, lifts, escalators, ladders
Improper lighting/traffic patterns
Poorly illuminated floors or walkways

“Security Related Premises Liability”

These types of premises liability claims refer to a failure by a property owner or its management to provide adequate security, resulting in physical assault, personal injury, or even death. Security related premises liability claims include, among other things:

Assault in hotels, malls, casinos, amusement parks
Broken security gates
Improper training/supervision
Failure to warn
Inadequate/missing signage

The Law Office of Avery McDaniel will investigate your premises liability claim and, if necessary, contact appropriate experts to conduct a site inspection and evaluation to determine the cause of your injury and whether or not the business entity or property owner was responsible for causing your accident.

Compensation You May be Entitled To

In Texas, if the property owner, property management company or other business owner’s improper design, maintenance and/or operation of their property or failure to provide adequate security caused you or a loved one to be injured and is found negligent, the injured individual may be entitled to medical expenses, and some measure of pain and suffering, mental anguish, disability, permanent disfigurement, and wrongful death, and other types of general damage. Texas also allows for recovery of “special damages.” “Special damages” include: lost wages/income depending on the severity of the injury, present and future medical bills, loss of earnings potential and other out-of-pocket expenses. In some cases, the injured party may be entitled to punitive damages. Please be aware that insurance adjusters, insurers and property owners, property management companies or other business owner may try to take advantage of premises liability victims who are not represented by an attorney experienced in Texas premises liability litigation.

Things You Should Do Related to a Premises Liability Claim

If you are injured on another person’s property, there are a few general guidelines you should follow:

Obtain medical attention right away.
Write down everything you can remember about the incident as soon as possible.
Write down the location, date and time of the incident.
Make notes of the names and contact information of witnesses.
Make notes of all conversations you have with people about the incident, including names, contact information and the like.
Take pictures of the accident scene right away.
Take pictures of your injuries.
Report your injury to the property owner immediately.
Keep track of all your expenses associated with your premises liability injury.
Do not sign any document without consulting with a lawyer. Truthful statements made in an attempt to be helpful can easily be misinterpreted and turned against you.
If you have physical injuries, seek medical attention and tell your physician or surgeon exactly how the injury occurred and describe all symptoms and complaints.
Be sure to report memory problems, confusion or disorientation, however minor these things may seem at the time.

Call the Law Office of Avery McDaniel for Your Free Consultation

Premises liability incidents can result in serious physical and financial consequences. Premises liability incidents can also cause significant disruption in your life or loved one’s life as well as the victim’s family. Choosing the right legal representation is the first step in reducing stress and moving toward the resolution you deserve. By contacting the Law Office of Avery McDaniel you will be hiring a law firm with an exceptional reputation with insurance companies and adjusters, other lawyers and the courts. Our firm has experienced trial lawyers with extensive trial experience and highly trained pre-litigation staff with the knowledge and skills to handle client concerns quickly and effectively. We will work diligently and effectively to investigate the incident scene, research the accident and property conditions, compile and preserve evidence, and work with investigators and/or experts. Our firm has a proven method for successfully managing your premises liability claim from initial consultation to settlement or trial. We appreciate the opportunity to demonstrate our personal commitment and to put our knowledge and experience to work for you to maximize the recovery to which you are entitled for your injuries or loss.