Commercial property owners, occupiers, and anyone in control of a premises have a legal duty to keep customers safe by repairing hazardous conditions. If you suffered harm because of someone’s negligence, you may have cause for a lawsuit to obtain a settlement.
The cases are complex, but a premises liability attorney with a strong understanding of the legal process and statutes will help. A Houston commercial property liability lawyer from Fleming Law Accident & Injury Attorneys can assist you.
Commercial property owners, occupiers, and controllers have duties under premises liability law to keep their property reasonably safe for visitors. The state categorizes property visitors into three categories, and the property owner’s duty depends on the individual’s status at the time of the incident.
The owner owes the highest duty to invitees, which includes customers, clients, and anyone else entering the property for mutually beneficial reasons. Owners must exercise prudent care, and their duties include:
Examples of hazards include uneven surfaces, poor lighting, wet floors, and structural problems.
The property possessor owes a lower duty to licensees, who include social guests they invite onto the grounds for non-business reasons. There is no duty to inspect, but owners must warn these guests of hazardous conditions they are aware of if the hazards are not open and obvious.
Trespassers enter a property without authorization, and landowners owe them a minimal duty of care. There is no duty to conduct inspections. However, owners must avoid willful, wanton, or grossly negligent actions that cause trespassers harm. An attorney from our Houston firm can answer your specific questions about holding a business owner liable for your accident on their property.
Typical commercial premises liability cases most often involve properties such as stores, restaurants, shopping centers, office buildings, hotels, and parking lots. Accidents in these locations can involve the following:
Slipping on spilled or tracked-in liquids is also a common cause of commercial property liability lawsuits in Houston, but it can be more challenging in this situation for you and your attorney to prove that the person responsible knew or should have known of the hazard.
Modified comparative fault, also called proportionate responsibility, is the system Texas uses in personal injury, including premises cases, to allocate damages when more than one person is at fault. Under Texas Civil Practice and Remedies Code § 33.001, a judge or jury assigns the percentage of responsibility to each party that played a role in the accident and resulting injuries. If your share is less than 50 percent, you can collect a settlement, but the court will subtract your portion of liability from the award amount. If the court finds that you were 50 percent or more at fault, it will bar recovery.
Our lawyers in Houston can handle the legal work required in a commercial premises liability case and guide you throughout the process.
If a negligent property owner’s actions caused you harm, you must hold them accountable. Obtaining compensation would not only cover your damages and losses but also allow you to hold the liable party legally and financially responsible.
Speaking with a Houston commercial property liability lawyer as soon as possible can help ensure there is plenty of time to prepare and file your claim in compliance with legal statutes. At Fleming Law Accident & Injury Attorneys, we are available 24/7. Call our office today to schedule a consultation.
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