Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

A Texas woman has filed a premises liability lawsuit against an apartment complex after falling while walking her dog. According to the lawsuit, a lack of adequate lighting and guard rails is to blame for her fall from a retaining wall at the Tyler, Texas, apartment complex.

The plaintiff, Terese Swords, filed the premises liability lawsuit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2^nd.

The incident in question took place on the evening of December 13, 2008. Swords, according to her complaint, was walking her dog through a pedestrian common area of the complex. She was on her way to an area designated as a pet region.

As she was walking her dog, Swords claims in her Texas premises liability lawsuit, she fell off of an unmarked and unguarded wooden retaining wall. Swords claims that her leg collided with a tree stump, causing her leg to break. Swords further claims that she was lying on the ground for more than 30 minutes before anyone answered her cries for help.

In her complaint, Swords charges the complex with negligence for failing to maintain the area and for failing to warn of the hazardous condition. Swords argues that the area in question is unreasonably dangerous because there is no guard railing and it lacks sufficient lighting.

Swords seeks more than $75,000 in damages, including damages for physical impairment, anguish, emotional distress, physical pain and suffering and disfigurement and scarring, along with damages for her medical expenses.

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A premises liability lawsuit has been filed by a Texas woman who tripped over packaging material while shopping at the Beaumont Wal-Mart.

The plaintiff is Susan Henderson, who claims in her Texas premises liability lawsuit that she was shopping in the Wal-Mart on Christmas Eve of 2007. According to allegations made in the lawsuit, Henderson tripped and fell over packaging material left on the floor by a store employee.

Henderson states that the fall caused her permanent and severe injuries.

In her premises liability lawsuit, Henderson claims that Wal-Mart should have known that the material on the floor presented a dangerous condition.

Henderson alleges that Wal-Mart was negligent on several counts, including failure to properly train and supervise employees, failure to provide proper warning of the dangerous condition and failure to hire competent employees.

Damages sought by the plaintiff in her lawsuit include pain and suffering, physical impairment and medical expenses.

To read more about this Texas premises liability lawsuit, click here for the full article from the Southeast Texas Record.

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“Slip and fall” is a term used to describe a personal injury case in which the person slipped, tripped or fell on someone else’s property and was injured as a result. Slip and fall cases are one type of claim that falls under the broader category of premises liability.

Property owners have a legal duty to exercise a reasonable level of care in maintaining a safe premises in order to prevent injury to visitors.

Therefore, a property owner has a duty to make reasonable inspections of their property and, if a dangerous condition is detected, to either repair it or provide adequate warning of the condition.

When a property owner fails to use reasonable care in managing and maintaining their property and someone on their property is injured as a result, the property owner can be held liable.

Whether or not the property owner will be held liable depends on whether your can prove that the property owner was at fault. In order to bring a successful slip and fall claim, you must be able to prove one of the following:

1. The property owner created the dangerous condition.
2. The property owner knew about the dangerous condition and failed to correct it.
3. The property owner should have known about the dangerous condition because a reasonable person would have discovered and corrected it.

Keep in mind that the court will also consider whether the injured person’s own carelessness contributed to the accident. In Texas, the rule of comparative negligence applies to slip and fall cases. As a guest on someone else’s property you have a responsibility to exercise reasonable caution and avoid open and obvious dangers.

If you have been injured on someone else’s property and believe that you may have a slip and fall claim, you should seek the immediate advice of a personal injury attorney. A personal injury lawyer will be able to evaluate the facts of your case and determine whether you have a valid slip and fall claim.

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Winter weather conditions such as snow, sleet, ice and freezing rain all pose the risk of slip and fall accidents. Particularly in Texas, where pedestrians are less accustomed to traveling in snow and ice, we must take extra care when walking in winter weather conditions.

You can help prevent slip and fall accidents caused by snow and ice by following these safety tips:

• Remove the snow from the bottom of your shoes before entering a building.
• Slow down and take smaller steps.
• Be aware of the surface conditions where you’re walking and walk around, ran than through, patches of snow and ice when possible.
• Focus your attention on walking.
• Wear shoes with rubber soles that have good traction.
• Give yourself extra time to get where you’re going so you can walk more slowly.
• Avoid the temptation to walk with your hands in your pockets. You need your arms to restore your balance if you slip.
• Use handrails whenever possible.

Snow and ice are two of the most common causes of slip and fall accidents. Snowy and icy conditions can cause slick surfaces on sidewalks, stairs and parking lots that can pose a serious hazard to pedestrians. Ice and snow can also hide underlying defects in surfaces, such as cracks and potholes, that can lead to slip and fall accidents.

Slip and fall accidents account for 20,000 deaths and 300,000 serious injuries each year, so it’s wise to exercise caution whenever you’re out walking, but particularly when ice and snow are present.

If you or someone you love was injured in a slip and fall accident caused by an icy sidewalk, contact a Texas personal injury attorney to learn about your legal options.

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If you were injured on someone else’s property, the owner of that property may be liable for your damages. Certain circumstances give away to what is known as a “premise liability” lawsuit, which is one basis for a Texas personal injury lawsuit.

One type of premises liability lawsuit arises when inadequate security contributes to a person being the victim of some type of criminal act. Such criminal acts can include robbery, car theft, assault, kidnapping, rape or even murder.

Many inadequate security claims arise from attacks perpetrated in shopping centers, hotels or apartment complexes. When you are on one of these types of properties, you have a reasonable expectation of security and safety – which means the owner of the property owes you a duty to take reasonable steps to maintain a safe and secure environment.

Factors that can contribute to inadequate security include:

• Lack of trained security staff on the premises
• Poor lighting in parking lots or parking garages
• Inadequate security systems within a building
• Overgrown trees
• Lack of security cameras

If you have been the victim of a criminal act on a premises with inadequate security, contact Fears | Nachawati today for free legal advice about a potential premises liability lawsuit. You will receive a no charge legal consultation from one of our Texas personal injury lawyers. You canemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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