Houston Premises Liability Lawyer

Have you or a loved one been injured on someone else’s property in Houston? Contact The Edwards Law Firm for a free consultation today. Let our Houston premises liability lawyers help you get the justice and compensation you deserve for your injuries.

Houston's energy is contagious. From bustling markets to world-class museums and iconic parks, our city offers endless opportunities to explore and have fun. But what happens when a fun outing turns into an unexpected accident due to a dangerous condition on someone else's property? If you've been injured on someone else's property due to a dangerous condition, you might have a premises liability claim.

Here in Houston, property owners owe a legal duty to keep their premises safe for visitors. This applies to everyone from homeowners to business owners. Whether it's a trip and fall on a broken sidewalk, a slip in a grocery store aisle due to a spill, or a swimming pool accident – if the property owner knew or should have known about the dangerous condition and failed to fix it or warn you, you may be entitled to compensation for your injuries.

Premises liability claims can cover a wide range of injuries, from broken bones and sprains to more serious medical issues. The Edwards Law Firm’s Houston premises liability lawyers understand the physical, emotional, and financial toll these accidents can take. We can help you navigate Texas law, determine if you have a case, and pursue maximum compensation for your medical expenses, lost wages, and pain and suffering.

What is a Premises Liability Case?

Have you ever been injured while visiting someone else's property in Houston? Maybe you slipped on a wet floor at a grocery store or tripped on a cracked sidewalk outside an apartment building. If your injury resulted from a dangerous condition on the property, and the owner knew or should have known about it, you might have a premises liability case.

Texas law holds property owners responsible for keeping their premises safe for visitors. This applies to both residential and commercial properties, including:

  • Homes
  • Apartment buildings
  • Stores and restaurants
  • Shopping malls
  • Office buildings
  • Parks and playgrounds
  • Swimming pools

Visitor Types and Their Rights in Houston

Under Texas law, a property owner's responsibility depends on the type of visitor on their premises. There are three main categories of visitors:

  • Invitees: These are people who are explicitly or implicitly invited onto the property for the owner's benefit, such as customers in a store or patrons at a restaurant. Property owners owe the highest duty of care to invitees. They must warn invitees of any known hazards and regularly inspect the property for dangers that may not be immediately apparent.
  • Licensees: These are individuals who enter a property with the owner's express or implied permission for their own purposes, such as social guests or door-to-door salespeople. Private property owners have the legal responsibility of warning licensees about any known hazards that may not be obvious.
  • Trespassers: These are people who enter a property without the owner's permission or knowledge. Property owners generally do not owe a duty of care to trespassers, except in certain circumstances. For example, if the trespasser is a child attracted to something dangerous on the property (like a swimming pool), the owner may be liable under the "attractive nuisance" doctrine.

The status of the visitor can impact the property owner's liability in a premises liability claim. If you were an invitee or licensee and were injured due to a property hazard, you likely have a stronger case than if you were trespassing. However, there are exceptions, and it's essential to consult with a knowledgeable Houston premises liability lawyer to understand your rights and legal options.

At The Edwards Law Firm, we have extensive experience handling premises liability incidents for all types of visitors in Houston. We can help you determine if the property owner breached their duty of care and pursue compensation for your injuries.

Most Frequent Types of Premises Liability Cases in Houston

Houston is a bustling metropolis with a diverse array of properties, from residential homes and apartments to commercial spaces like shopping malls, restaurants, and offices. Unfortunately, accidents can happen anywhere. Some of the most common types of premises liability cases we see in Houston include:

  • Slip and fall accidents: These accidents often occur due to wet floors, spills, loose carpeting, or uneven surfaces. They can happen in grocery stores, restaurants, hotels, or even private residences.
  • Trip and fall accidents: These incidents can be caused by obstructions in walkways, poor lighting, or damaged sidewalks. They are common in parking lots, construction sites, and public spaces.
  • Swimming pool accidents: Houston's warm climate means that many properties have swimming pools. Drowning, near-drowning, and diving accidents can occur when property owners fail to secure their pools or provide proper supervision.
  • Dog bites: If a property owner's dog bites or attacks a visitor, the owner may be liable for the resulting injuries under Texas's "one bite rule" or negligence laws.
  • Elevator and escalator accidents: Malfunctioning elevators or escalators in Houston's many high-rise buildings can lead to serious injuries, including falls and crush injuries.
  • Amusement park accidents: Houston is home to several amusement parks and theme parks. Accidents can occur due to faulty rides, improper maintenance, or operator negligence.
  • Negligent security: Property owners in Houston have a duty to provide adequate security measures to protect visitors from foreseeable criminal acts. If a visitor is assaulted or robbed due to insufficient security, the property owner may be held liable.

What to Do After Getting Injured on Someone Else’s Property in Houston

If you've been injured on someone else's property in Houston, it's crucial to take the following steps to protect your health and your legal rights:

  • Seek medical attention: Your well-being should be your top priority. Get a thorough medical evaluation and follow your doctor's treatment plan.
  • Report the incident: Notify the property owner or manager about your accident and injuries. If possible, get a written incident report.
  • Document everything: Take photos of the hazard that caused your injury, your injuries themselves, and the surrounding area. Get contact information for any witnesses.
  • Hold onto evidence: Keep the clothing and shoes you were wearing during the accident, as well as any physical evidence like a broken handrail or loose floorboard.
  • Speak Carefully: Be cautious when speaking with the property owner or their insurance company. Do not admit fault or downplay your injuries.
  • Contact a Houston premises liability attorney: Consult with an experienced Houston premises liability attorney who can evaluate your case, explain your legal options, and help you pursue fair compensation for your injuries.

Proving Liability in a Houston Premises Liability Lawsuit

To have a valid premises liability claim in Houston and hold the property owner legally responsible for your injuries, there are several key factors that must be proven:

  • The property owner (individual, business, etc.) owed you a duty of care to maintain reasonably safe conditions
  • There was an unsafe or hazardous condition on the property that posed an unreasonable risk of harm
  • The property owner knew or reasonably should have known about the dangerous condition
  • The property owner failed to repair the danger, block it off, or provide adequate warning signs
  • You were injured directly because of the unsafe condition

The degree of care owed by the property owner depends on your legal status on the premises, such as an invitee (e.g. customer), licensee (social guest), or trespasser. Invitees, like customers at a retail store, are owed the highest duty of care.

Evidence is crucial in premises liability cases. Photos/videos of the hazard that caused your injury, accident reports, witness statements, medical records, safety code violations, and other documentation will all be compiled by our attorneys to demonstrate liability.

Don't simply take the property owner or insurance company at their word if they deny responsibility. The Edwards Law Firm has the resources to launch a comprehensive investigation and build a strong case proving the negligent property owner's liability under the law. Contact our Houston premises liability lawyers for a free, no-obligation consultation.

Common Defenses Used by Defendants in Premises Liability Cases

When you file a premises liability claim against a property owner in Houston, they may try to avoid liability by using various legal defenses. Some common defenses in premises liability cases include:

  • No duty of care: The property owner may argue that they did not owe you a duty of care because you were trespassing or engaging in criminal activity on their property. However, there are exceptions to this rule, such as the "attractive nuisance" doctrine for child trespassers.
  • Open and obvious hazard: The defendant may claim that the hazard that caused your injury was so obvious that you should have noticed and avoided it. For example, a large pothole in a parking lot or a bright yellow "wet floor" sign.
  • Assumption of risk: If you voluntarily engaged in a dangerous activity on the property, like skateboarding in a clearly marked "no skateboarding" area, the owner may argue that you assumed the risk of injury.
  • Comparative negligence: Texas follows a modified comparative negligence rule, which means that if you were partially at fault for your injury, your compensation may be reduced by your percentage of fault. The property owner may try to shift blame onto you to limit their liability.
  • Lack of knowledge: The defendant may claim that they had no knowledge of the dangerous condition and, therefore, cannot be held liable. However, if they should have known about the hazard through reasonable inspection, this defense may not hold up.
  • Statute of limitations: If you wait too long to file your premises liability claim, the property owner may argue that your case is barred by the statute of limitations, which is generally two years in Texas.

At The Edwards Law Firm, our skilled Houston premises liability attorneys know how to anticipate and counter these common defenses. We thoroughly investigate each case, gather evidence, and consult with experts to build a strong argument on your behalf and fight for the maximum compensation you deserve.

Damages Recoverable in a Premises Liability Case

If the property owner's negligence directly caused your injuries in a premises liability accident, you may be entitled to recover compensation for a variety of damages through a premises liability claim or lawsuit. With The Edwards Law Firm's skilled Houston premises liability attorneys on your side, we'll pursue the maximum compensation possible based on the specific circumstances of your case.

Economic Damages

Economic damages are intended to address the financial costs stemming from your accident and injuries. This can include:

  • Medical expenses (ambulance fees, hospital bills, surgery costs, medication, ongoing treatment, etc.)
  • Lost wages from being unable to work during recovery
  • Loss of future earning capacity if you cannot return to the same line of work
  • Property damage (e.g. damage to your vehicle from the accident)

Non-Economic Damages

You may also be able to recover non-economic damages for less tangible harm such as:

  • Physical pain and suffering
  • Emotional distress/mental anguish
  • Loss of enjoyment of life
  • Loss of consortium (companionship) for spouses

In rare cases where the property owner showed a conscious disregard for your safety, punitive damages may be awarded to punish them for gross negligence or intentional harm.

No two premises liability cases are alike. Our legal team will meticulously calculate the total economic and non-economic impact of your injuries both now and projected into the future. We understand the tactics insurance companies use to minimize claims and will forcefully advocate for the full, fair compensation you deserve.

Why You Need a Houston Premises Liability Lawyer

From exploring the scenic trails of Memorial Park to catching a game at Minute Maid Park, Houstonians enjoy spending time outdoors and in various public spaces. Unfortunately, sometimes these outings can take a wrong turn if a property owner fails to maintain a safe environment.

If you've been injured on someone else's property in Houston due to a dangerous condition, you might have a premises liability claim. Here's why you need a Houston premises liability lawyer from The Edwards Law Firm on your side:

Understanding Complex Premise Liability Laws

Texas premises liability laws can be intricate. These laws define the legal duty of care property owners owe visitors depending on the visitor's classification (invitee, licensee, trespasser). A lawyer can analyze the specifics of your accident and determine if the property owner breached this duty, potentially leading to your injuries.

Negotiating with Insurance Companies

Dealing with insurance companies after a premises liability accident can be stressful. They may try to downplay the severity of your injuries or deny your claim altogether. A Houston premises liability lawyer knows how to navigate insurance policies, negotiate a fair settlement, and fight for the maximum compensation you deserve.

Gathering Evidence and Building a Strong Case

Building a strong premises liability case requires a thorough investigation. This may involve collecting evidence from the accident scene (photos, witness statements), police reports, and your medical records. A Houston premises liability lawyer has the resources and experience to gather this evidence, build a compelling case, and demonstrate the property owner's negligence.

Maximizing Your Compensation

Premises liability accidents can result in significant medical bills, lost wages, and pain and suffering. A lawyer can explore all avenues of compensation, including medical expenses, lost wages, future medical care, pain and suffering, and property damage.

Peace of Mind During a Difficult Time

Premises liability cases can be emotionally draining. A Houston premises liability lawyer can handle the legal complexities, allowing you to focus on your recovery. We understand the challenges you're facing and can provide the legal support and guidance you need during this difficult time.

The Edwards Law Firm offers a free consultation to discuss your Houston premises liability case. We are committed to helping injured victims recover the compensation they deserve.

Statute of Limitations on a Premises Liability Case in Houston

In Houston and throughout Texas, the statute of limitations for most premises liability claims is two years from the date of the injury. This means that you have two years to file a lawsuit against the negligent property owner. If you miss this deadline, you may lose your right to seek compensation for your injuries.

There are some exceptions to this rule, such as cases involving minors or situations where the injury was not immediately apparent. However, it's crucial to act quickly and consult with a Houston premises liability attorney as soon as possible after your accident. The sooner you begin the legal process, the better your chances of securing a fair settlement or verdict.

FAQs on Houston Premises Liability Cases

In a Houston premises liability case, how does the legal classification of the injured party (invitee, licensee, or trespasser) impact the standard of care owed by the property owner? Also, can this classification change depending on specific circumstances within the same incident?

The duty of care owed by a property owner hinges on the injured party's classification. An invitee (e.g., a customer in a store) is owed the highest duty of care, including a reasonable inspection for and correction of dangerous conditions. A licensee (e.g., social guest) receives a lesser duty, where the owner must refrain from willful or wanton acts causing harm and warn the licensee of known dangers.  Trespassers generally receive minimal protection, though exceptions exist for children ("attractive nuisance doctrine") and for intentional or reckless conduct by the landowner. The classification can be context-specific. For instance, a delivery person entering a store might initially be an invitee but become a licensee in restricted areas.

How does the Texas modified comparative negligence doctrine impact premises liability claims? Can a plaintiff recover compensation if found partially at fault for the accident?

Texas follows a modified comparative negligence doctrine, barring recovery for a plaintiff found 50% or more at fault. However, even partially at-fault plaintiffs can recover damages, with their compensation proportionally reduced based on their percentage of fault. For example, if a jury finds a plaintiff 30% at fault for a slip-and-fall due to their distracted phone use, their awarded damages would be reduced by 30%.

If a visitor is injured on a Houston property due to the negligence of an independent contractor hired by the property owner, who is liable?

Distinguishing between employees and independent contractors is crucial. Generally, property owners are directly liable for the negligence of their employees. However, independent contractors are separate businesses responsible for their workers' actions. The "borrowed servant" doctrine can complicate this if the property owner exerts significant control over the contractor's work, potentially extending employer liability to the property owner.

What is the relevant statute of limitations for filing a premises liability lawsuit in Texas? Do any exceptions exist, such as for latent defect claims (defects not readily apparent)?

The general statute of limitations in Texas for personal injury claims, including premises liability, is two years from the date of the injury. However, exceptions exist for latent defect claims. Discovery of the defect can toll the statute of limitations, allowing more time to file a lawsuit. Consulting with a Houston premises liability lawyer early is crucial to ensure timely filing within the statute of limitations.

How does premises liability insurance impact a Houston premises liability case? Can the plaintiff directly sue the property owner's insurance company?

Most commercial property owners in Houston carry premises liability insurance. While it doesn't absolve the property owner of liability, it provides a source of compensation for the injured party. However, the plaintiff typically cannot directly sue the insurance company. The lawsuit is against the property owner, who then relies on their insurance coverage to pay any awarded damages. A skilled premises liability attorney can navigate negotiations with the insurance company to ensure fair compensation.

Contact a Houston Premises Liability Lawyer

If you've been injured due to a dangerous condition on someone else's property in Houston, don't hesitate to contact The Edwards Law Firm. Our experienced Houston premises liability lawyers are well-versed in Houston premises liability law. We understand the complexities of these cases and can help you navigate the legal process.

We will investigate your claim, gather evidence, and fight for the compensation you deserve. We work on a contingency fee basis, meaning you won't owe us anything unless we recover compensation for you.

Schedule a free consultation today by calling 361-320-6752 to discuss your case and learn how we can help you get back on your feet.

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