Creating A Strong Defense Against Premises Liability Claims

For property owners, accidents that happen on their property can cause a major problem. At The Suster Law Group, PLLC, we defend the rights of clients who are accused of having dangerous property. For over 30 years, we have helped clients throughout Texas when their business was on the line.

We understand the complexities of premises liability defense. As a trusted legal team in the Dallas-Fort Worth Metroplex, we are committed to defending businesses, property owners and property management companies across Texas with dedication and precision. Our premises liability defense lawyers are well-equipped to handle high-stakes, complex cases. Our client-centered approach means we offer personalized and attentive service, thorough preparation and effective litigation strategies.

Breaking Down Premises Liability

Under Texas law, premises liability involves the legal obligation of property owners to maintain a safe environment for those visiting or present on their property. This area of law holds property owners accountable for harm that occurs on their property due to unsafe conditions. It is crucial for property owners to understand their duties to prevent potential legal issues. We help our clients understand these responsibilities and defend them against all types of premises liability claims.

Common Types Of Premises Liability Claims

Premises liability claims can arise from various situations. Some of the most common types of claims involve:

• Slip, trip and fall accidents: These accidents involve falls due to unsafe conditions like wet floors, tripping hazards or uneven surfaces.
• Inadequate maintenance: These claims arise when property owners allegedly fail to properly maintain their premises, leading to hazardous conditions.
• Defective conditions: These involve injuries caused by faulty installations or poor construction.
• Inadequate security: This type of claim alleges that a lack of proper security measures – such as functioning locks and adequate lighting – resulted in violent crimes such as muggings, assault or homicide.
• Other common claims: These might include swimming pool accidents, structural collapses or other forms of property-related hazards that result in injuries or fatalities.

With a proven track record of success in defending against a wide array of claims, our premises liability attorneys understand how to mount a strong defense.

An Alleged Slip Or Fall Can Become An Expensive Problem

In premises liability cases, losing can cause a business’s insurance rates to skyrocket. Paying out is often expensive. Our commercial tenancy attorneys will work with you to resolve issues through mediation. If we cannot reach an agreement, we are not afraid to take your case to court. These claims are often handled through liability insurance coverage or through self-insured retention policies. We work with owners, managers, third-party administrators and/or the insurance company to resolve or defend claims.

We have experience handling many different cases, including slip-and-fall claims, defects with the property or claims due to inadequate security. Our firm will thoroughly investigate every aspect of the accident and create a personalized defense. We find creative legal solutions by leveraging our years of experience. Together, we will build the strongest possible case.

Common Defenses In Premises Liability Cases

When defending against premises liability claims, several defenses may be available, including:

• Lack of notice: The property owner was not aware of the hazard in time to address it.
• Contributory negligence: The injured party’s own negligence contributed to the accident, and they were more than 51% at fault, which bars them from recovery.
• Open and obvious hazard: The hazard was apparent, and the injured party should have avoided it.
• Assumption of risk: The injured party knowingly took a risk that led to their injury.
• Lack of causation: The alleged hazardous condition did not directly cause the injury. The property owner may demonstrate that the injury resulted from an unrelated factor.
• Lack of duty: This defense involves demonstrating that the property owner did not have a legal obligation to protect the injured party from the specific hazard. It may apply if the injured party was trespassing or if the hazard was not reasonably foreseeable.
• Insufficient evidence: This defense focuses on the argument that the plaintiff lacks enough evidence to prove their claims. The property owner may challenge the credibility or reliability of the evidence presented by the injured party.

Each defense requires a thorough understanding of the circumstances and evidence. Our lawyers invest the time to build solid cases backed by compelling evidence and astute legal arguments.

Preventive Measures For Reducing Liability Exposure

Preventing premises liability claims is essential for property owners. Here are some strategies to manage risks:

• Regular inspections: Conduct regular checks to identify potential hazards.
• Proper maintenance: Make sure that all areas of the property are well-maintained and repairs are made promptly.
• Clear signage: Use signs to warn of any potential dangers, like wet floors or construction zones.
• Adequate security: Implement reasonable security measures to protect visitors from harm.

By taking these steps and keeping proper documentation, property owners can significantly reduce the risk of liability claims.

Why Choose The Suster Law Group, PLLC

Choosing us means selecting a team of lawyers who have the skill, experience and dedication to mount a successful defense against even the most complex of premises liability claims. We deliver quality legal services with a personal approach. Our commitment to doing right by our clients informs everything we do.

Call Today To Discuss Your Options

If a tenant is claiming they were injured on your property, you have the right to defend yourself. Don’t take on the complicated legal system alone. Our Plano law firm will do what it takes to get you the best possible result. We help those throughout the Dallas-Fort Worth Metroplex area. Call our office today at 972-677-8643 or fill out our contact form online. Let us provide the defense you need to protect your interests.