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Premises Liability

Houston TX Premises Liability Lawyer

If you are injured on a property under the control of another person, business, or government agency, you may be able to recover compensation for your injuries and losses under “premises liability,” a special area of Texas personal injury law. This set of laws establishes the obligations of property owners and occupants toward their guests.

An accomplished Houston TX premises liability lawyer from Wadler Law can explain more about your case. We have assisted Texans for years in pursuing compensation for injuries sustained on the property of another. This includes slip and fall incidents, inadequate security, and swimming pool accidents. We are prepared to defend your rights.

Contact us today for more information. Our personal injury attorneys and staff are approachable and easy to speak with about your case. We will focus on your priorities and develop a legal strategy that meets your needs and objectives.

Why Do I Need a Premises Liability Lawyer in Texas?

The most significant advantage of retaining our skilled Houston TX premises liability lawyer is that we know how to collect crucial evidence, such as surveillance videos and witness statements. Evidence of premises liability can vanish rapidly, leaving you with no case. Among the duties of our premises liability lawyer in Houston, Texas in such cases are:

  • Send spoliation letters to the landlord to prevent the destruction of valuable video evidence.
  • Obtain or serve subpoenas for incident reports, investigative materials, government reports, and other pertinent records.
  • Before corrective measures (repairs) are implemented to conceal the evidence, the scene should be photographed to preserve the evidence.
  • Interview eyewitnesses.
  • Remove the landowner, his agents, and his employees.
  • Bring negligent property owners to court.

If you have been injured due to the negligence of a property owner, contact us immediately for dedicated representation in your premises liability case. Our location is in Houston, Texas. We handle serious injury cases throughout the entire state of Texas and are more than willing to work with you via email and phone to make case management convenient. 

Additionally, we have Houston personal injury attorneys who explore and investigate cases on-site. Contact us at Wadler Law immediately for devoted assistance with your premises liability case.

What Constitutes a Premises Liability?

In the area of law known as premises liability, property owners or managers may be held liable for injuries that occur on their property. This is not, however, a blanket liability. Not all property owners are liable for all injuries that occur on their premises. 

We recommend contacting our skilled Houston TX premises liability lawyer if you were injured on another person’s, business’, or government’s property due to the complexity of Texas’ premises liability law. You may be entitled to compensation from the property owner or other responsible party.

What Encompasses the Texas Premises Liability Law?

The reason for being on the disputed property is an additional crucial aspect of a product liability claim. The legal obligations of a landowner or manager to you may vary depending on the reason for your entry onto their property. You may be considered a licensee, an invitee, or a trespasser.

  • Licensee. A person who is on a property with the owner’s or occupant’s permission for non-commercial purposes. A licensee is on the property of another for their benefit and use.
  • Invitee. A person who is on another’s property with permission for mutually beneficial business purposes.
  • Trespasser. A person who is not permitted to be someone else’s property.

If you were a trespasser on someone else’s property, the property owner or manager owes you a minimal duty of care. They are not required to protect you. They are only required to avoid gross negligence and intentional misconduct. If you were injured on the property of another person or business and you believe it was due to a trap, call our premises liability lawyer in Houston, Texas immediately.

Consider yourself a customer or a guest if you are an invitee or a licensee. In both instances, the landowner or occupant owes you a duty of care. They must exercise reasonable care to ensure that the premises are reasonably safe, and if they are aware of a potentially hazardous condition, they must adequately warn you of it.

In many instances, a property owner or manager can only be held liable for defects they were aware of. However, if you are an invitee, you may also hold property owners or occupants liable for hazards of which they were aware. In certain instances, you can hold property owners liable for hazards that they should have discovered upon inspection and either corrected or warned against.

As shown, premises liability in Texas is not straightforward. Numerous variables affect the legal obligation owed to you at the time of the collision. To determine the other party’s liability and your legal rights, contact our Houston TX premises liability lawyer immediately. 

At Wadler Law, we will examine your situation in depth and inform you of your legal rights. If you have a valid claim for premises liability, we can help you navigate the legal and insurance claim processes.

What Are the Most Common Premises Liability Accidents?

The downtown area of Texas is beautiful and ideal for walking. Sadly, numerous pedestrians have fallen victim to a property hazard. A dangerous property defect can drastically alter your life within minutes. Recognize that if the worst occurs and you sustain an injury, you will not be alone. 

Others in Texas have suffered comparable harm and received substantial compensation for their injuries. The following are the most frequent types of premises liability accidents:

  • Slip and FallAccording to the National Floor Safety Institute, falls send an average of eight million people per year to the emergency room. Wet floors, uneven sidewalks, loose carpets, exposed cords, and debris in the aisle can cause slips and falls. Grocery stores, parking lots, and workplaces account for the majority of slip and fall accidents.
  • Swimming Pool AccidentsEvery year, thousands of people are killed in unexpected drowning incidents. Many of these victims are children between one and four years old. Residential swimming pools are among the most prevalent locations for these incidents. Pools should always be secured with gates, fencing, or covers by property owners.
  • Dog BitesIn Texas, dogs are technically considered property. The owner of a dog is responsible for preventing the dog from biting or attacking others. Dog owners may be held liable for damages if they fail to prevent a dog bite when they had reason to believe the animal was vicious.
  • Amusement Park and Water Park AccidentsThe Texas Department of Insurance monitors amusement park ride injuries ranging from moderate abrasions to fractures, dislocations, and death. If you believe the owners of a private amusement or water park were negligent and you were injured there, please contact us immediately so we can evaluate your case.
  • Firework AccidentsAccidents involving fireworks may involve either premises liability (if the property owner used the fireworks negligently) or product liability (if the fireworks were defective). In 2021, there were approximately 1,500 firecracker-related ER visits and 1,100 sparkler-related ER visits in the United States. 31% of these injuries were to the hands and fingers, while 21% were to the head, face, and ears, as reported by the US Consumer Product Safety Commission (CPSC).
  • Propane AccidentsAccording to the National Library of Medicine (NLM), approximately 3,000 propane fires and explosions are reported each year in the United States, with over 9% resulting in injuries and 7% of the injured being fatally injured.

Through our years of experience, Wadler Law has assisted dozens of clients in obtaining compensation for premises liability accidents. We have encountered a variety of accident types. We are confident that we can assist you regardless of the cause of your recent accident and injuries, whether they were caused by a building fire or a mugging. We are capable of fighting for justice on your behalf.

What Are the Different Premises Liability Accident Injuries?

In cases involving premises liability, injuries can range from minor to catastrophic. In premises liability accidents, head injuries, spinal cord injuries, broken bones, and burns are among the most common injuries. There are numerous types of injuries resulting from premises liability, ranging from relatively minor injuries to wrongful death. 

Depending on the circumstances and cause of the injury, a victim may sustain a fracture, a catastrophic injury, or the tragic loss of a loved one. If the accident was the property owner’s fault, regardless of the type of injury, the injured person should hire a competent personal injury attorney as soon as possible to pursue the compensation to which he or she is entitled.

What Are the Different Steps to Take After a Premises Liability Accident?

  • File an Accident Report. If you are on commercial property, such as a supermarket, gym, office, or any other place of business, they likely have a procedure for documenting incidents. As soon as the accident occurs, contact a manager and file a report. The sooner a store is made aware of an incident, the more likely it is that they will retain any video evidence. If the injury occurs on the job, you must immediately file a worker’s compensation Initial Report of Injury. If you fail to file one of these forms within 24 to 48 hours, you may lose your right to seek compensation.
  • Focus Your Attention. In commercial premises liability claims, the plaintiff must demonstrate that the owner was aware of a dangerous condition, or that the condition was present for so long that the owner should have seen it. This is a difficult burden to establish. You must remain vigilant for any indication that the owners were aware of the condition. For instance:
    • Ask the manager if they were aware of its presence
    • Examine the area for signs, mops, buckets, or anything else indicating that cleaning was imminent
    • Inquire if there were witnesses to the dangerous condition’s origin (not just the fall)
    • Determine the underlying cause of the condition (leaky roof, dripping ice machine, etc)
    • Always be vigilant, as your observations may determine whether you have a case or not.
  • Take Pictures of the Dangerous Conditions. If you are physically able, you should photograph the cause of your fall. Even if a video exists and can be obtained, it can be difficult to see water on a white floor on video. If you can take a photograph that demonstrates the condition or the cause of the condition, this will be of great assistance to your case.
  • Obtain Medical Care Immediately. Broken bones, torn ligaments, ruptured tendons, and other severe injuries can result from falls on hard surfaces. The full extent of an injury may not be immediately apparent. Therefore, it is best to have all injuries evaluated by a trained emergency physician. Adjusters are searching for a reason to deny your claim. Here are some of the most common medical care errors that result in a reduction of your offer:
    • Not visiting a hospital at the scene
    • Delays in initiating medical treatment
    • Delays in subsequent medical care after the initial treatment
    • Contravening your physician’s orders
    • Absences from scheduled appointments
    • Having medical care gaps
    • Failure to fill prescriptions
  • Seeking an alternative, holistic, or experimental medical treatment. If you want to avoid being treated unfairly, your best bet is to seek care immediately and comply with the doctor’s instructions.
  • Take Photographs of Your Injuries. A picture speaks louder than words. Obtaining fair compensation requires painting a mental picture for the jury of your ordeal. Photos taken in the emergency room can go a long way in conveying the severity of your injuries. 

In addition, documenting your injury immediately following the incident and throughout the healing process can help jurors comprehend what you endured. Attempt to take photographs to document any changes in the injury, treatment, or healing process to enhance your narrative.

Who Can Be Held Legally Liable in Your Texas Premises Liability Case?

If you are injured on another’s property, you may be able to file a premises liability lawsuit. However, under Texas law, who can be held liable? You may have grounds to file a premises liability lawsuit against any of the following parties, depending on the circumstances.

  • Property OwnersMost likely, the responsible party for your premises liability damages is the property owner. This could be a homeowner, business owner, or property owner. You may be able to receive compensation for your injuries if the property owner’s negligence resulted in your injury.
  • Renter or LesseeIf someone is renting or leasing the property where you were injured, they may be a defendant in your lawsuit. For instance, you may sustain a slip-and-fall injury in a shop rented by a retailer from a property owner. Given that the retailer is responsible for operating in the space, they may be responsible for an unmarked wet floor within the store, whereas the property owner may be responsible for potholes in the parking lot. You must consult with our knowledgeable Houston TX premises liability lawyer to determine which party or parties can be held liable under the rental or lease agreement.
  • Property Manager. A property manager is responsible for the upkeep of the owner’s property. They may be responsible for leasing office or living space, ensuring the security of common areas, and performing other tasks. The property manager’s negligence may constitute liability in your premises liability case.
  • Condominium Owners Association. If you were injured in a condominium, you might be able to file a lawsuit against the condo association if they were negligent. Typically, these associations are responsible for the upkeep of public or shared areas such as sidewalks and hallways. If your injury occurred in these locations, you might be able to hold them accountable.
  • Dram Shop. The Texas Dram Shop Law imposes a unique liability on any business that sells or serves alcohol. This law holds businesses accountable for injuries caused by visibly intoxicated patrons after they leave their establishments. If the establishment continued to serve alcohol to an intoxicated person who caused your injuries, the establishment might be held liable in your case.

How to Prove Liability in a Premises Liability Claim in Texas?

Statutes in Texas determine if, when, and why property owners are legally liable for injuries that occur on their premises. Typically, for a claim to be successful, an injured party must prove the following elements.

The Defendant Owned, Leased, or Resided at the Location of Your Accident

You must first establish that you have the correct defendant by demonstrating that the alleged wrongdoer is the party with ownership or control of the property at issue. Typically, this involves only paperwork, land titles, and ownership rights.

The Defendant Owed You Duties of Care

Visitors to a property fall into three categories: invitees, licensees, and trespassers. As the property owner’s invited guests, invitees have the most care responsibilities. Customers of a store are examples of invitees who should be warned about hazards such as water on the floor, which can cause guests to slip and fall. 

In addition to being invited, licensees enter properties for their purposes, such as salespeople. Owners owe licensees fewer duties of care than they do invitees. Trespassers lack the property owner’s permission to be on the premises and are therefore exempt from the majority of duties of care.

The Defendant Failed to Exercise Duties of Care

The law permits invitees to expect a property owner to repair known property defects, search for and repair unknown defects, and warn of existing hazards. The same rights are granted to licensees, excluding the search for unknown hazards. In Texas, the only duty of care owed to trespassers is not to intentionally injure them (unless the trespassers are children, in which case duties of care to maintain safe premises exist). 

If you have suffered damages as a result of any type of property attack, our premises liability lawyer in Houston, Texas can assist you in pursuing compensation. A breach of duty can be defined as any action that a reasonable and prudent owner would not have taken in the same situation.

The Violation Caused Your Accident

You must establish a link between the property owner’s failure to maintain a safe environment and your injury. For instance, if a business owner failed to correct a hidden sprinkler head and you tripped and broke your wrist as a result, you would have to prove that the business owner’s failure to look for and repair the hazard caused your injuries and not your negligence. 

You must also provide evidence of compensable damages, such as x-rays of your fractured bone.

What If Someone Is Injured While Working at Your Home?

For instance, what if an independent contractor is cleaning your gutters and falls to the ground from the second floor because the gutters are not properly attached? Insurance questions aside, who’s liable?

A property owner is not liable for any injuries sustained by an independent contractor as a result of a failure to provide a safe workplace under Chapter 95 of the Texas Civil Practice and Remedies Code unless:

  • In addition to the right to start and stop the work and inspect its progress, the property owner has some control over the work performed
  • The owner of the property was aware of the danger

Should You Contact the Owner's Insurance Provider?

In general, it is unwise to contact the owner’s insurance company before contacting a personal injury attorney. Numerous insurance adjusters seek only the incident’s facts. However, some insurance adjusters are more concerned with getting you to say something detrimental to your case so they can deny your claim. 

Our premises liability lawyer in Houston, Texas can communicate with the property owner’s insurance company in a way that advances the claim and keeps you out of trouble.

What Compensation Can I Get for My Premises Liability Injury Claim?

In Texas, property owners must ensure the safety of their public property. Those who are legally on the property and are injured by a fall or accident may be eligible for compensation. It is possible to hold accountable maintenance contractors, lessees, property managers, and property owners who fail to maintain and monitor the public property. 

The amount of compensation or damages you receive depends on the specifics of your case.

Economic Damages in Premises Liability Cases 

  • Lost wages and benefits
  • Personal expenses incurred as a result of the injury
  • Medical and rehabilitation costs
  • Cost of assistance to complete duties
  • Expenses for assistive devices

Non-Economic Damages in Premises Liability Cases

  • Disability
  • Emotional distress
  • Pain and suffering
  • Disfigurement
  • Loss of life’s pleasure
  • Loss of consortium (in wrongful death cases)

Your damages will be determined by the specifics of your case. Our personal injury attorney can assist you in estimating the value of your case. Numerous factors are considered, such as medical care, accommodations for a disability, and whether the defendant is guilty of malice or gross negligence. 

The legal team at Wadler Law has years of experience with premises liability injuries, and we are here to assist you. Call our Houston TX premises liability lawyer immediately.

How Long Do I Have to File a Premises Liability Lawsuit in Texas?

State statutes dictate the time limit for filing a lawsuit. In Texas, you have two years to file a lawsuit for personal injury or wrongful death. This deadline would apply to premises liability cases. Consult with a versed premises liability lawyer in Houston, Texas as soon as possible to ensure you don’t miss any case-related deadlines. 

You can learn about your legal options during your initial consultation, even if you decide not to pursue your case further.

Seek Compensation With Our Seasoned Houston TX Premises Liability Lawyer Today

Experiencing an accident that results in severe injury can be overwhelming. Additionally, it can be difficult to handle these cases on your own. Consultation with an accomplished personal injury attorney who can assist you with your case can be beneficial. Our Houston TX premises liability lawyer is both your legal counsel and legal representative.

You are not required to handle your Texas premises liability case alone. Our legal staff at Wadler Law is prepared to assist you in any way possible. It all begins with an open conversation in which you describe what transpired. We will review your premises liability case for free so that you can understand your options. Contact us immediately to get started.

How Can Our Seasoned Houston TX Premises Liability Lawyer Help?

At Wadler Law, we always listen to our clients. 

The process begins with an initial consultation. We will investigate the cause of your property-related accident and its impact on your ability to work and enjoy life. If we agree to work together, our Houston TX premises liability lawyer can immediately begin working on your case.

In addition to investigating the incident that resulted in your injuries, we will collect and analyze your medical records to determine the nature and extent of your injuries. Numerous clients we assist with premises liability claims have suffered life-altering injuries, such as Traumatic Brain Injury, back and spine injury, and fractured limbs and hips.

We will calculate your losses and demand compensation from the insurance company (companies) representing the property owner or occupant where you were injured. We may also seek compensation for the family members of a premises liability victim through a claim for loss of affection and services or a wrongful death suit.

By building a strong case that establishes liability and damages, our premises liability law firm can settle the vast majority of premises liability claims. However, if the insurance company refuses to do the right thing, our skilled premises liability lawyer in Houston, Texas will be prepared to represent you in court.

Get the Compensation You Deserve!

Get the Compensation You Deserve!

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