Jim Adler | The Tough, Smart Lawyer
By Jim Adler January 10, 2017

Security cameras on property and in parking garages are one of many items which help landlords become aware of unsafe conditions for visitors. Photo by sutichak (iStock by Getty Images)

In general, when you step on someone else’s property such as a store or its parking lot, the owner has a legal duty to ensure your safety. Sadly, such duties often are neglected, and innocent persons are injured or even killed as a result. Victims’ families have a legal right to claim payments for damages with a premises liability lawsuit.

What is Premises Liability?

As for what is premises liability, it involves a property landlord or owner’s responsibility for injuries suffered by persons on the property. When a defective or unsafe condition contributes to injuries, the landlord or owner is legally responsible for the costs involved.

Victims can file a premises liability lawsuit seeking payments for their losses, including medical bills, lost wages and pain and suffering.

Texas premises liability law holds that business owners can be held liable when injuries on their property are caused by a condition on the property or by a person on the scene.

Premises Liability for Criminal Acts

Indeed, though premises liability often can involve accidental injuries, such as a slip and fall accident, they also can involve criminal acts, especially when the property owner or landlord failed to provide proper safety precautions. Assaults, rapes, robberies and even murders can occur when property is unsafe for visitors.

For instance, many crimes have harmed persons on the huge parking lots of “big box” stores such as those of America’s largest retailer, Walmart.

There, poor lighting and lack of security cameras, security guards, security experts and security training for employees can make it easier for criminals to prey on persons in their cars or while walking to or from the store — or even in the store.

Last year, Tulsa, OK police were called to the city’s four Walmart stores almost 2,000 times — compared to 300 total calls to the city’s four Target stores. Also, a single Walmart store in Las Vegas, NV, was the target of almost 900 service calls to police in one year for crimes such as assault and battery and robbery.

In reviewing criminal cases on Walmart parking lots in West Virginia, Justice Larry Starcher of the state’s Supreme Court of Appeals called the sites a “virtual magnet for crime.”

Clearly, Walmart has a security problem — and it has the finances to correct it, with more than $500 million in annual global sales. Has Walmart acted sufficiently to correct security problems? The numbers don’t lie. Its security burden is left to local police to shoulder — and taxpayers to pay.

That doesn’t change premises liability law. Failure to provide a safe environment for persons on Walmart property constitutes premises liability for the store.

Other Premises Liability Sites, Situations

Other premises liability sites and situations include:

  • Tailgating party injuries on the property of an arena or stadium in connection with a sporting or entertainment event
  • Injuries at apartment buildings which are poorly maintained, including falls down unlighted stairways or falls caused by uneven pavement
  • Injuries in the workplace, as happened when three Church’s Chicken employees in Livingston, TX were badly burned in a kitchen fire last August

Wrongful Death Lawsuits

Legal actions on behalf of victims killed on someone else’s property also can take the form of wrongful death lawsuits. That’s been the case since the recent Ghost Ship warehouse fire in Oakland, CA, which claimed 36 lives. Wrongful death lawsuits have ensued.

Duty of Care

Property owners or landlords have a legal “duty of care” under premises liability laws. This duty pertains to who is on their property. Such persons generally are in one of three categories:

  • Invitees, or “business invitees,” who visit the property to do mutually beneficial business. This can include consumers shopping at stores or contract workers making repairs on a property.
  • Licensees, who are invited on the property without trading benefits with the owner. Houseguests are common licensees.
  • Trespassers, who go onto the property without the owner’s permission.

With invitees, property owners must protect them from unsafe conditions by inspecting property to pinpoint safety problems and either fixing such problems or alerting invitees about them.

With licensees, property owners must protect them by warning of dangers but are not required to inspect premises on their behalf and to fix problems immediately.

With trespassers, property owners are not required to fix unsafe conditions or alert trespassers about them.

Get a Premises Liability Lawyer, Lawsuit

If your family has suffered injury on someone else’s property due to the owner’s negligence or failure to heed their duty of care, alert a premises liability lawyer with Jim Adler & Associates today for a free case review. You may be legally entitled to substantial payments for your losses by means of a premises liability lawsuit.

FREE Case Review

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I went to the office and everyone was so considerate and professional , so my first impression was good, I felt like I was in good hands. Then I received a call from Vanessa Garcia, she was on top of EVERYTHING! I never had to call her, she always called me. She even called to see how I was doing , and if I needed help with anything. That is why I have absolutely no worries.read more
JASMYNE THOMPSON
JASMYNE THOMPSON
13:42 01 Jun 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!read more
Tierra Clark
Tierra Clark
18:52 19 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
Tori Barroga
Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
Erick Becker
Erick Becker
01:20 06 May 17
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Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
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Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
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