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Permanent Conditions in Premises Liability Claims


If you've sustained an injury on someone else's property, you may have a legitimate injury claim against the property owner. These premises liability claims rely on the presence of dangerous conditions, such as wet, slippery surfaces or hazardous debris. Many of these conditions are obvious, easily remedied by the property owner, and can be hard to prove to a judge. Other conditions, known as permanent or fixed conditions, however, offer key advantages for the injury victim.

What Are Permanent Conditions?

Permanent conditions are property features that remain over time, as opposed to temporary hazards such as wet floors. Often these conditions are features of a building or premises that part of the original design or construction of the premises.

Common examples of permanent conditions in a premises liability suit include:

  • Uneven walking surfaces
  • Changes in elevation
  • Non-uniform or irregular steps

Proving A Permanent Conditions Claim

Because permanent conditions often are present over a period of time, it's often possible to demonstrate that a property owner had ample opportunity to remedy the conditions or warn visitors of their presence. In some cases, these conditions might even violate local building codes, which can support a case for the property owner's liability.

Proving negligence in cases such as these often requires obtaining expert opinions from architects, engineers, and human factors and ergonomics experts.

It is important to document the premises at issue as soon as possible, because it is not uncommon for landowners to change the premises after learning of a fall, which can make it difficult to reconstruct the scene and prove that the premises was dangerous at the time of the fall.

Do you believe that you or a loved one was hurt due to dangerous conditions on someone else's property? If so, call the dedicated team at the Law Office of James M. Stanley today. Our proven Fort Worth personal injury lawyers know what it takes to secure results for our clients and have recovered more than $100 million in relief on their behalf.

Want to learn more about how our firm can assist you? Call us today. Se habla español.

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