Premises Liability

Premises Liability Lawyers — Property Owner Negligence & Unsafe Conditions

Property owners have a legal duty to maintain safe conditions for visitors. When a landlord, business owner, or manager fails to repair dangerous conditions, fails to warn of hazards, or fails to provide adequate security, people are injured. Trial Lawyers United holds property owners accountable for slip-and-fall accidents, inadequate security leading to assault, drowning, falls from heights, and other injuries caused by unsafe premises.

Common Premises Liability Scenarios

• Slip and trip: wet floors without warning, uneven surfaces, accumulated debris, poor lighting
• Negligent security: inadequate locks, broken surveillance, failure to patrol, liability for third-party criminal acts (assault, robbery)
• Pool and water hazards: lack of lifeguards, broken drains, inadequate depth warnings, drain entrapment, algae contamination
• Falls from height: inadequate railings, balcony collapse, improperly maintained stairs or escalators
• Building code violations: improper electrical, structural defects, fire code violations, lack of handrails
• Elevator and escalator failures: mechanical breakdown, trapping, amputation, entanglement
• Animal attacks: owner’s knowledge of dangerous propensity, failure to warn or restrain
• Amusement park and sports venue injuries: inadequate ride maintenance, failure to warn of risks, operator negligence

How Property Owner Liability Works

Duty of Care

Property owners owe different duties to different classes of visitors. Invitees (customers, patients) are owed the highest duty—the owner must maintain safe conditions and warn of hidden hazards. Licensees (social guests) are owed a duty to warn of known hazards. Trespassers are owed the least duty (though not zero).

Actual vs. Constructive Notice

The owner is liable if it had actual notice of a hazard (an employee saw the wet floor) or constructive notice (the hazard existed long enough that a reasonable owner should have discovered it through inspection). Missing maintenance records suggest the owner never inspected the property.

Open and Obvious Defense

Defendants often claim the hazard was so obvious that you should have seen and avoided it. We challenge this—some hazards are open yet still unreasonably dangerous, especially in busy environments where attention is divided.

Comparative Fault

Even if you contributed to the accident (e.g., you were distracted), you may still recover if the owner’s negligence was a substantial factor. Some states allow for recovery even if you are up to 50% at fault.

Types of Damages

• Medical expenses: past and future treatment, surgery, rehabilitation, assistive devices
• Lost wages: past lost income and diminished earning capacity
• Pain and suffering: physical pain, emotional distress, loss of enjoyment
• Disfigurement: scarring, loss of limb, cosmetic impairment
• Wrongful death: loss of financial support and companionship (for family members)

TLU’s Premises Liability Experience

The lawyers at Trial Lawyers United have recovered substantial damages in premises liability cases:

• Pool near-drowning: child rescued after negligent supervision; recovered for lifelong disability and ongoing care
• Apartment vehicle crash: negligent design allowed vehicle to accelerate into occupied unit; obtained recovery for injuries and property damage
• Motorsports fatality at Texas Motor Speedway: inadequate safety barriers and operator negligence resulted in fatal collision; obtained recovery for family

Frequently Asked Questions

Is a property owner liable for any slip and fall?

No. You must prove the owner had notice of the hazard (or should have discovered it through reasonable inspection), that the hazard posed an unreasonable risk, and that the owner failed to repair or warn. A hazard that exists for minutes is different from one that existed for days.

What if a sign says ‘Wet Floor’—can the owner still be liable?

A warning may reduce liability, but it does not eliminate it. If the condition is genuinely dangerous (e.g., extreme slipperiness due to a defective surface treatment), even a warning may not be adequate. We evaluate whether the warning was conspicuous and whether a reasonable person would have heeded it.

What if I was partly at fault for the fall?

Comparative fault law in some states allows you to recover even if you were partially negligent, as long as the property owner was more responsible than you. If you were 40% at fault and the owner 60%, you can recover 60% of your damages.

How much is my case worth?

Damages depend on injury severity, medical expenses, lost income, permanent impairment, and your age. Minor injuries may be worth $5,000–$50,000. Serious injuries (fractures, long-term disability) can be worth $100,000–$1 million+. We evaluate your case individually.