An accident on someone else’s property caused by negligence can result in serious injuries, financial hardship, and significant disruption to your daily life. While these challenges can feel overwhelming, there may be a way to seek justice and recover compensation for your losses.
For over 135 years, Winocour Law has put justice in reach of Texans. We offer compassionate guidance and relentless advocacy for accident victims in premises liability claims. Whether it was a fall in a grocery store, a dog bite in a residential neighborhood, or a serious poolside injury, our team is prepared to assess your situation and support you throughout the legal process.
Contact us to arrange a free and confidential consultation with an experienced trial attorney.
Our Premises Liability Lawyers in Dallas
At Winocour Law, we understand that premises liability cases are more than legal claims—they’re about your safety, recovery, and peace of mind. Our attorneys bring the skill, compassion, and courtroom strength needed to hold negligent parties fully accountable.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour, founder of the firm, is a top-rated Texas trial attorney with over 20 years of experience and membership in the National Trial Lawyers Top 100. He’s known for his sharp litigation strategy and tireless advocacy. Jonathan takes on the toughest premises liability cases and wins.
Mike C. Miller, Of Counsel
Mike C. Miller, Of Counsel, is a board-certified personal injury lawyer with over 40 years of courtroom success. He’s earned an AV Preeminent rating and helped recover life-changing compensation in catastrophic injury cases across Texas. A respected leader in the legal community, Mike brings unmatched depth and trial experience to every case.
Jonathan and Mike offer legal representation, trusted guidance, proven results, and an unwavering commitment to justice.
What Is Premises Liability?
Premises liability refers to the area of law that holds property owners and other responsible parties accountable when someone is injured due to dangerous conditions on their property. These complex, fact-dependent claims can involve private residences and commercial businesses, and in limited circumstances, public property when the claim is allowed under the Texas Tort Claims Act.
Common Types of Premises Liability Cases in Dallas
Under Texas premises liability law, accidents can occur anywhere a property owner or occupier fails to address dangerous conditions. This generally includes commercial spaces (stores, restaurants, and office buildings) and private residences. Texas law requires property owners to keep their premises reasonably safe for visitors and to warn of known hazards.
Winocour Law handles premises liability cases that include:
- Slip and fall accidents in grocery stores, parking lots, and apartment complexes
- Dog bites, particularly cases involving children or facial injuries
- Swimming pool accidents, including near-drownings due to inadequate fencing or supervision
- Fire and electrical hazards, including those related to faulty wiring or unaddressed code violations
Victims may sustain traumatic brain injuries, broken bones, spinal damage, or require long-term rehabilitation. In some cases, they may not survive their injuries.
At these times, compassionate legal support from our premises liability attorneys in Dallas can make a meaningful difference. We believe victims and their families deserve guidance that helps them begin to recover, rebuild, and find a path forward after unimaginable hardship.
Who Can Be Held Liable?
Liability is determined by who owned, occupied, or controlled the property and whether they failed to take reasonable steps to keep the premises safe, and may include:
- Property owners: Can be held liable if they fail to maintain reasonably safe conditions or fail to warn visitors about known or reasonably discoverable hazards.
- Property managers and maintenance contractors: May share liability if they are responsible for inspections, repairs, or responding to safety complaints and fail to act reasonably.
- Landlords: In certain circumstances, landlords may be liable if they retain control over common areas (such as hallways, stairwells, or parking lots) or fail to make promised or legally required repairs.
- Tenants and renters: Tenants can be liable if the hazardous condition was in the area they controlled, such as inside a leased apartment, office, or business space.
At Winocour Law, we are a small but deeply experienced law firm, a combination that allows us to provide clients with both attentive service and highly effective representation. When you are ready to explore your legal options, our premises liability lawyers will be here for you.
Key Elements Required to Prove a Premises Liability Case
To pursue a premises liability case, three key elements typically need to be established. First, there must have been a dangerous condition on the property. Second, the party responsible for the property either knew or should have known about the hazard.
Finally, the party failed to correct the issue or provide adequate warning, leading to the injury. Proving these elements often requires careful investigation, supporting evidence, and a clear understanding of how Texas premises liability law applies to your situation.
If these elements are successfully established, you may be entitled to recover compensation for medical costs, lost income, and other related damages.
Evidence Needed to Build a Strong Case
Gathering and preserving crucial evidence and documentation not only supports your version of events but also helps your attorney anticipate and counter the defense’s arguments and may include:
- Photographs or videos of the hazardous condition and your injuries
- Surveillance or security camera footage capturing the incident or showing how long the hazard existed.
- Incident or accident reports filed with store employees, property managers, or security personnel.
- Medical records and bills, including emergency room or trauma center treatment notes, showing the nature and extent of your injuries
- Witness statements from bystanders, employees, or others who saw the hazard or the incident
When in doubt, it is important to preserve all possible evidence and keep detailed records. Your attorney can review what you’ve collected, determine its admissibility, and decide how it may strengthen your premises liability claim.
What to Do Immediately After an Injury on Someone Else’s Property
After a traumatic event, you may be feeling scared, shocked, and confused. Understanding the steps to take can help protect yourself or someone you care about.
If you’re physically able:
- Get medical attention immediately. Prompt care helps protect your health and creates a clear record of your injuries.
- Report the injury to the property manager or building supervisor. This creates a formal incident report that can later support your claim.
- Document the scene with photos or videos. Visual evidence is valuable for showing how hazardous conditions led to your injury.
- Avoid speaking to the insurance company before consulting a lawyer. Statements made early on can be used against you later in the claims process.
Finally, contact a trusted premises liability attorney in Dallas who can help protect your rights and guide you through your next steps.
How our Dallas Premises Liability Lawyers Can Help
Winocour Law premises liability lawyers can assist you in several key ways. The process typically begins with a free initial consultation, where your attorney will listen to your story, gather preliminary details, and assess the strength of the claim. From there, we investigate the case and collect evidence, reviewing property records, maintenance logs, and medical documentation to understand what happened and who may be responsible.
We also handle communication with insurance companies and opposing counsel, working to protect your rights and prevent missteps. If a fair resolution cannot be reached through negotiation, we prepare to file a lawsuit and advocate on your behalf in court. The legal process can feel overwhelming, but working with Winocour Law offers guidance, clarity, and support at every step.
Frequently Asked Questions
Can I sue a business for slipping and falling on its property?
Potentially, yes—if the business knew or should have known about the hazard and failed to correct it.
What is the average settlement for a premises liability case in Dallas?
That varies greatly. The value of a claim depends on several factors, including the severity of the injury and its long-term physical, mental, and financial impact on the injured person.
How long does a premises liability lawsuit take to resolve?
That also depends. Some cases are settled within months, while others may take up to a year or more, especially if they go to trial.
Do I still have a case if I was partially at fault?
Possibly. Texas law may still allow recovery if you were 50% or less responsible for your accident and injuries.
What do I need for my consultation with a Dallas premises liability lawyer?
It’s helpful to have photos, medical records, receipts, witness statements, and any communication from the property owner and their insurer.
Will my case go to trial or be settled out of court?
Most premises liability cases are resolved through settlement, but some proceed to trial depending on the facts, the strength of the evidence, and the other party’s willingness to negotiate fairly. At Winocour Law, we prepare every case as if it will go to court, which allows us to negotiate from a position of strength while remaining fully ready to litigate if that is what it takes to achieve a fair outcome for you.