Houston Premises Liability Lawyer

When you’re out and about, running errands, shopping, or even just taking a walk or spending time at a friend’s house, one of the last things on your mind is the potential for a slip, fall, or other injury on someone else’s property. However, accidents can and do happen. When property owners or managers neglect their responsibilities to maintain a safe environment, unsuspecting visitors may pay the price.

In these situations, you need a skilled Houston premises liability lawyer to help you navigate the complex legal landscape and secure the compensation you deserve. With more than 25 years of legal experience, The Callahan Law Firm is here to help. If you need assistance, don’t hesitate to contact us today to schedule a free consultation.

What Does Premises Liability Mean?

Premises liability is a legal term used to describe a property owner’s responsibility for maintaining their property in a safe condition. This responsibility extends to all visitors and occupants of the property, whether they are guests, customers, or even trespassers in some cases. If a property owner neglects this obligation and an injury occurs as a consequence, they may be held accountable for the resulting harm.

Types of Premises Liability Cases We Handle

There are various types of premises liability cases, each with unique challenges and potential compensation opportunities. The following are some of the most common types of premises liability claims we handle:

• Slips, trips, and falls: These accidents can happen anywhere, from commercial properties like shopping centers to residential homes. Common causes include wet surfaces, uneven flooring, or debris left in walkways.
• Elevator and escalator accidents: Mechanical malfunctions, faulty equipment, or improper maintenance can lead to serious injuries in elevators and escalators.
• Negligent security: Inadequate lighting, broken locks, or absent security personnel can leave individuals vulnerable to attacks, leading to physical injury, theft, or emotional trauma.
• Amusement park accidents: Injuries sustained at amusement parks can result from defective rides, improper operations, or lapses in safety procedures.
• Swimming pool accidents: Poor maintenance, lack of supervision, or faulty equipment can lead to drowning or other severe injuries while using a swimming pool.

No matter what you’re facing, you can always reach out to The Callahan Law Firm to schedule a free consultation so we can determine if we can move forward with a claim on your behalf.

What Makes Premises Liability Cases in Texas So Complicated?

Many people think seeking compensation after an injury on another person’s property should be straightforward: tell the property owner or their insurance company, and they’ll take care of everything. Unfortunately, this is often far from the truth. Many factors can make premises liability cases complicated, including:

• Property owner denies doing anything wrong
• It’s not entirely clear what caused the injury
• Property owner lies about property conditions
• Property owner destroys evidence related to the case
• Property owner’s insurance company denies the claim

Insurance companies will often fight your premises liability claims tooth and nail, as they are well aware that successful claims can cost them a significant amount of money.

Common Insurance Issues in Premises Liability Claims

With premises liability compensation often going through insurance, you might think it would be a straightforward process. Unfortunately, it can be riddled with complications, including:

Insufficient Insurance

In some cases, the responsible party may not have an appropriate insurance policy for the incident. For example, you may be injured at an individual’s house, only to find out that there is no homeowner’s insurance policy in place.

Disputes Over Liability

Another issue that frequently arises is when the property owner or another party involved refuses to assume responsibility for the accident. This can often be an attempt to avoid paying compensation or to protect themselves from increased insurance premiums. In these situations, the property owner, tenant, or third party may argue that another individual or business is at fault or that you are solely responsible for your injuries.

To ensure you receive the damages you are entitled to, working with legal representation is essential.

Damages in Premises Liability Claims

In premises liability cases, injured parties can seek a variety of damages, depending on the severity of the injuries sustained, as well as the circumstances of the accident. Some common examples of damages include:

• Medical expenses: This covers both past and future medical bills related to injuries sustained, including treatments, surgeries, medications, and rehabilitation.
• Lost wages: Injuries may lead to loss of work during recovery or even permanent inability to perform specific job functions. These damages help compensate the injured party’s lost earnings.
• Pain and suffering: This category includes the physical and mental anguish associated with the injury. Pain and suffering can vary greatly depending on the severity of the injury and the individual’s ability to cope with it.
• Loss of consortium: When a loved one is injured, their family members may experience a loss of companionship and support, which may qualify for compensation.
• Punitive damages: In instances where the property owner’s conduct was especially egregious or deliberately harmful, punitive damages might be granted as a means to penalize the property owner and deter similar conduct in the future.

Your Houston premises liability lawyer will help determine the extent of your damages and ensure that your claim accurately reflects the true impact of the incident on your life.

Exceptions to Premises Liability

While property owners generally bear responsibility for injuries on their property, there are some important exceptions to be aware of. Understanding these exceptions can help determine whether pursuing a claim is appropriate for your situation.

Open and Obvious Hazard

An open and obvious hazard is the first exception. If the condition that led to your injury was plainly visible, and you were aware of it before the incident occurred, the property owner may not be held liable. This could include situations such as a large pothole in a parking lot or an unsecured electrical wire that was clearly exposed.

Trespassing

Another notable exception is trespassing. A property owner’s duty to maintain a safe environment primarily applies to lawful visitors, not those who enter without permission. If you were trespassing at the time of the injury, you must prove the property owner or another party engaged in “wilful or wanton acts or gross negligence.”

What Should I Do After My Premises Liability Accident?

When faced with a premises liability accident, your first priority should be addressing your well-being. As you embark on the path to recovery, follow the detailed steps outlined below.

1. Seek Medical Attention: No matter how minor your injuries may seem, it’s crucial to consult a medical professional as symptoms may not be immediately apparent to you without professional intervention. Obtaining proper medical documentation will also bolster any future claims.
2. Report the Accident: Notify the property owner, occupant, or manager about the incident and be sure to obtain the necessary information from all parties involved, including names, phone numbers, and insurance details.
3. Gather Evidence: Collecting evidence helps prove your claim’s validity and builds a strong case. Take photos of the scene and your injuries, gather witness information, and keep thorough records of any medical treatments and expenses.
4. Retain a Premises Liability Lawyer: An experienced premises liability attorney will help you understand your legal rights and fight on your behalf for the compensation you deserve.

With an understanding of your post-accident obligations, you’re better equipped to navigate the complexities of a premises liability claim. The next step is understanding when a property owner may be held liable for your injuries.

If I Am Injured on Someone’s Property, Are Property Owners Liable?

Handling the aftermath of an injury on someone else’s property can be challenging, primarily when determining whether the property owner is liable for your injuries. Just because you got injured on another person’s property does not mean they are automatically responsible for your injury.

To recover compensation from them, you must prove that the property owner owed you a duty and failed to perform it. You should consult a personal injury lawyer in Houston to determine whether your case qualifies.

What Must I Prove to Win a Premise Liability Case?

When seeking compensation for your injuries, there are four crucial elements that you need to establish in a premises liability case:

Duty of Care

Duty of care refers to the property owner’s legal responsibility to maintain a safe environment. In a premises liability case, you must first establish that the property owner had a duty of care to ensure your safety on their property.

For example, business owners must keep visitors safe by maintaining clean walkways and offering sufficient lighting.

Breach of Duty

Once you establish the duty of care, the next step is to prove there was a breach of that duty. This means demonstrating that the property owner failed to meet their legal obligation to keep you safe.

For instance, a store owner who neglects to clean up a spilled liquid on the floor breaches their duty to maintain a safe environment for their customers despite knowing about the hazard.

Proximate Cause

Proving proximate cause means showing that the property owner’s breach of duty directly led to your injuries. You must demonstrate a clear connection between the property owner’s failure to uphold their duty and your sustained injuries.

Damages

Finally, to win a premises liability case, you must show that the accident caused you damages, such as pain and suffering, medical expenses, lost wages, and any other financial losses you may have incurred due to the injury.

Though these elements must generally be proven to be successful in a premises liability case, consider that every case is unique, and the nuances of each situation can impact the outcome.

When Should I Hire a Premise Liability Lawyer Near Me?

The first step in understanding when to hire a premises liability lawyer involves knowing what constitutes such a case. Injuries caused by the property owner’s negligence, such as a wet floor with no warning sign or a broken staircase, fall under premises liability claims. These incidents can occur at private residences, workplaces, or public establishments like stores or restaurants.

With that in mind, some common scenarios that warrant contacting a Houston premises liability lawyer include:

1. Your injuries are severe: Serious injuries may have long-lasting physical, emotional, and financial impacts. A skilled lawyer can help you receive the compensation you need to cover healthcare costs and lost wages.
2. Liability is disputed: If the property owner denies responsibility for your injuries, you will need an attorney with experience in premises liability to strengthen your claim.
3. Multiple parties are involved: Cases involving multiple defendants can become complicated, requiring a professional to handle negotiations and protect your interests.

If you need help with a premises liability claim, we’re always here to help. Contact The Callahan Law Firm to schedule a free consultation.

FAQs

What are some common premises liability hazards in Houston?

There are many premises liability hazards to be mindful of. Some common dangers include:

• Slippery floors and walkways due to rain or inadequate maintenance
• Broken or uneven sidewalks and pavement
• Poorly lit stairways and corridors
• Insufficient security in commercial establishments and residential communities
• Fallen objects or debris from construction sites
• Defective elevators and escalators
• Swimming pool injuries and drownings

If you have been injured due to any of these hazards, you may have grounds for a premises liability claim.

Do I have a case if I was injured on someone else’s property?

The answer to this question depends on the circumstances of the incident. You likely have a case if the property owner has been negligent in maintaining their premises, resulting in injury. A knowledgeable premises liability lawyer can analyze your case and advise you on the best course of action.

What types of injuries are covered under premises liability?

A wide range of injuries can fall under the umbrella of premises liability. Some examples include:

• Broken bones or fractures
• Sprains, strains, or torn ligaments
• Head and brain injuries, including traumatic brain injury (TBI)
• Spinal cord injuries, including paralysis
• Cuts, bruises, and burns
• Drowning or near-drowning incidents
• Dog bites
• Violent crimes which sometimes fall under negligent security claims

If you or a loved one has suffered any of these injuries while on someone else’s property, it is essential to consult with a competent lawyer to discuss your case.

What happens if I was partially at fault for the premises liability accident?

Texas follows comparative negligence for personal injury claims, which means that if you were partially at fault for your injury, your compensation may be reduced proportionate to your level of responsibility. You can still recover damages as long as you were not more than 50% at fault for the accident. A skilled Houston premises liability lawyer can help you navigate these complexities and work toward securing the best possible outcome for your case.

Why should I hire a Houston premises liability lawyer?

With a deep knowledge of Texas’s complex laws, a skilled lawyer can significantly impact your case’s outcome. They bring expertise in evidence gathering and thoroughly investigating your injury to support your claim. Additionally, an attorney’s experience in negotiating with insurance companies is invaluable, giving you the best chance to secure a fair settlement.

Should your case go to court, your lawyer will skillfully represent you, fighting for the compensation you rightfully deserve. Given the high stakes and intricate nature of premises liability claims, securing an experienced attorney is vital to protect your rights and ensure the best possible outcome.

If you need help, don’t hesitate to contact The Callahan Law Firm today to schedule a free consultation.