When a person is injured on premises belonging to someone else, the person who is in possession of the premises may be held responsible for those injuries. This form of responsibility is referred to as premises liability and includes slip and fall accidents or any other accidents that occur as a result of substandard maintenance. The Dallas premises liability lawyers of The Gonzales Law Firm, P.C. are experts in premises liability and personal injury cases.
Possession of Premises
A person is considered to be in possession of the premises or land if they occupy with the intent of controlling the premises, provided that no other person has occupied with intent to control. The person must also be entitled to occupy the premises or land and no other person may be in possession at the time.
The Injured Party
Premises liability law states that compensation for injuries differs depending on the conditions under which the injured party, known as the plaintiff, was occupying the land. The possessor is responsible for performing routine inspections for the purpose of maintaining the safety of invitees and licensees.
If the plaintiff was invited onto the premises then they are entitled to expect ordinary care and warning of any risks from the possessor. If the plaintiff was permitted or licensed to be on the premises by the possessor, then he is also entitled to expect ordinary care and warning of any risks.
If a trespasser goes onto the premises without permission from the owner, then the owner has no knowledge of the trespasser's existence. Therefore, the owner is not responsible for any injuries sustained by the trespasser.
Negligence of Security Personnel
Public premises often hire independent security companies to patrol and maintain the safety of their property. This is common on premises such as:
- Public parking garages
- Store parking lots
- College campuses
- Apartment complexes
- Shopping malls
When the security company's employees are negligent, incidents such as property damage, break-ins and assaults become more frequent. When this happens the owner, not the contracted security company, is considered the liable party. Any time the owner hires subcontractors to perform a job on their premises, the owner remains the liable party if the subcontractor does not fulfill the duties of the job and someone becomes injured.
Public Roadways and Sidewalks
Owners of premises that have public roadways or sidewalks on them are legally obligated to maintain those areas to prevent danger to public users of the premises. This includes snow and ice removal, debris removal and any other required maintenance.
Do you have questions concerning premises liability?
If you have been injured on someone else’s premises, please contact the attorneys of The Gonzales Law Firm, P.C.