At Farrah Martinez, PLLC, Farrah handles Premises Liability Accidents where an individual enters the property of another and has been seriously injured as a result of a dangerous condition. Places where these types of accidents might occur include land, roads, water, watercourse, private ways, buildings, structures, machinery, and any equipment attached to or located on the land, road, water, watercourse, or private way. Accidents might occur at everyday places you visit such as grocery stores, shopping centers, office buildings, traveling on roads, attractions, swimming pools, waterparks, and amusement parks.
Types of accidents that can occur at a “premises”:
A slip and fall on a wet floor at a retail center;
A trip and fall over an out-of-place object or a defective sidewalk;
A physical or sexual assault or death as a result of insufficient security; or
A fall from broken stairs at an apartment complex.
Premises liability accidents typically occur as a result of:
Building code violations
Poor construction
Defective electrical wiring
Cheaply used materials
Poor maintenance
Four key factors you must prove to successfully win a premises liability case:
- The property owner knew the dangerous condition of the property;
- The property owner should have known the dangerous condition existed on the property;
- The property owner did not act reasonably to eliminate the dangerous condition; and
- The property owner’s failure to act reasonably resulted in your injuries.
Trespassing is a Defense to Premise Liability Accidents
A defense to most premises liability case is that you must not have entered the property without permission either expressed or implied. A property owner does not owe a duty of care to a trespasser on his or her land and is not liable for injuries or damages suffered unless the owner acted willfully, deliberately and without motive or provocation or the owner acted extremely careless.
How Farrah Martinez Proves a Premises Liability Accident
To successfully prove a premise liability claim, Farrah will work to prove either of the following:
- The property owner caused the dangerous condition;
- The property owner knew of the dangerous condition and failed to repair; or
- The property owner should have known of the dangerous condition because a reasonable property owner would have known and taken steps to repair.
If you or your child has been injured in a premises liability accident, contact premises liability lawyer Farrah Martinez at (713) 853-9296 for a free consultation.