Houston, Texas Premises Liability Lawyers
At Michael P. Fleming & Associates, P.C., our personal injury and wrongful death attorneys advocate for individuals who have been injured as a result of negligence on someone else’s property. Business owners, homeowners and commercial property owners can be found liable for accidents that occur on their property and the resulting injuries and damages. We pursue full compensation on behalf of our clients through commercial liability insurance, homeowners insurance and other sources of recovery.
How to Prove a Premises Liability Claim
Generally, in order to recover for personal injuries on the property of another in Texas, an injured victim must show that:
- The owner or operator had actual or constructive knowledge of a condition on the premises
- The condition posed an unreasonable risk of harm
- The owner or operator did not exercise reasonable care to reduce or eliminate the risk
- The failure of the owner or operator of the premises to use such care proximately caused the plaintiff’s injuries.
While wet floors, debris and obstacles are the source of many slip and fall injuries that occur in stores and homes, other premises accidents involve negligent security or other negligence. The personal injury attorneys at our firm represent injured clients who have sustained back injury, neck injury, hip fracture, head injury or other serious injury as a result of negligence. Accidents subject to premises liability claims can involve dangerous conditions caused by inadequate maintenance, lack of security, or failure to correct hazards and building code violations on property, including:
- Slip and fall or trip and fall: Resulting from liquids or debris on the floor, torn carpet, uneven sidewalks, over-polished slippery floors or other factors. If the owner knew or should have known of the unreasonably dangerous condition that caused the slip and fall, you might be entitled to compensation.
- Parking lot or parking garage assaults: Resulting from negligent security, inadequate security, negligent lighting or other business negligence such as valet drivers or negligence in parking garages.
- Stairwell accidents: Resulting from broken or missing handrails, defective stairs, inadequate lighting or other negligence. Cities often have code regulations to make sure stairwells are safe. Violation of these codes can impose liability upon the property owner.
- Elevator accidents: Resulting from poor maintenance or neglect. It is surprising how many elevator accidents still occur. They usually result from the property owner not spending the necessary funds to make sure they remain safe.
- Falling Object Injury: Merchandise or materials falling from store shelves or construction sites cause serious injuries and death. This can be a common problem in the retail industry especially with so many big-bog, warehouse type stores in business with merchandise stacked up to the ceiling.
- Attractive Nuisances: Many children are injured or killed on the property of another after been drawn there by dangerous conditions that they could not appreciate due to their youth.
- Criminal Attacks: We have represented women who have been attacked at apartment complexes. These attacks could have been prevented if the property owner had taken reasonable steps to protect our clients and warn them of the danger the complex owners knew about.
- Swimming Pool Injuries. Local laws require that pools be secured so that children don’t fall in and drown. Unfortunately, many commercial property owners ignore the law and put kids at risk.
- Balcony Injuries. When property owners do not properly maintain balconies, serious injuries and death often result.
If you have been injured on someone else’s property, you may have a premises liability claim. Our lawyers will listen to you describe the accident, investigate and analyze your case, and explain your options for pursuing compensation. Contact our premises liability attorneys at the law firm of Michael P. Fleming & Associates, P.C., for a free case analysis.