Houston Premises Liability Attorney
In Houston, like other large cities, there are thousands of residential and commercial properties.
Sometimes, people are injured by something on the property such as in a dog attack while others are injured by the condition of the property.
Owners of buildings, businesses, and property in Texas have a duty to ensure the safety of everyone.
Whether it is inside where:
- Slippery wet floors are not marked
- Areas under renovation or construction are not secured
Or outside where:
- Damaged walkways are in need of repair
- Potholes and cracks are in parking lots and driveways
- Balconies are poorly constructed, under-maintained or require improvements
It could be a grocery store, a strip mall, an apartment building, or a hotel.
Accidents can happen at any time resulting in broken arms, hip injuries, and concussions.
What Should I Do After Getting Injured on Someone’s Property?
At Fleming Law our premises attorneys advocate for individuals who have been injured as a result of negligence on someone else’s property.
Houston 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.
If you are unsure about who may be responsible for your injuries contact us anytime for a free consultation.
How We Prove a Premises Liability Claim in Houston
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 an unsafe 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 caused the plaintiff’s injuries.
While wet floors, debris, and obstacles are the sources of many slip and fall injuries that occur in stores and malls, other premises accidents involve negligent security or other negligence.
The Houston premises liability lawyers 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.
We see it all the time, dangerous conditions caused by inadequate maintenance, lack of security, or failure to correct hazards and building code violations on the property. Inevitably it leads to:
- 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. Houston, Texas city code regulations are in place 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. City of Houston, Texas regulations require regular inspections and certification. When property owners ignore the law, injuries can occur.
- Roof and 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 being 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.
- Bars and Restaurants: When owners do not properly protect their property, death, and injury are possible.
Some of the most common premises liability claims our law firm handles:
- Slip and fall accidents: Slip and fall accidents are the most common type of premises liability claim. These accidents can happen when a person slips on a wet floor, trips over a hazard, or falls because of an uneven surface.
- Dog bites: Dog bites are another common type of premises liability claim. Dog owners have a legal duty to keep their dogs under control, and they can be held liable for injuries caused by their dogs.
- Falls from stairs or ladders: Falls from stairs or ladders can cause serious injuries. Property owners have a legal duty to keep stairs and ladders safe, and they can be held liable for injuries caused by falls from these structures.
- Injuries caused by dangerous conditions on the property: Property owners have a legal duty to keep their property safe for visitors. If a property owner fails to warn visitors about a dangerous condition on the property, and someone is injured as a result, the property owner can be held liable.
These are just a few of the many types of premises liability claims. If you have been injured on someone else’s property, it is important to speak with a premises liability attorney to discuss your legal options.
Types of damages that you may be able to recover in a premises liability case:
- Economic damages: Economic damages are intended to compensate you for your financial losses. These losses can include medical expenses, lost wages, and property damage.
- Non-economic damages: Non-economic damages are intended to compensate you for your pain and suffering. These damages can include emotional distress, loss of consortium, and loss of enjoyment of life.
The amount of damages that you can recover in a premises liability case will depend on the severity of your injuries, the extent of your losses, and the laws of the state where the accident occurred.
It is important to speak with an attorney to discuss your legal options and to get an estimate of the amount of damages that you may be able to recover.
Here are some examples of the types of damages that you may be able to recover in a premises liability case:
- Medical expenses: Medical expenses include the cost of doctor’s visits, hospital stays, surgery, and prescription medications.
- Lost wages: Lost wages include the income that you lost due to your injuries. This can include both your regular income and any overtime or bonus pay.
- Property damage: Property damage includes the cost of repairing or replacing property that was damaged in the accident.
- Pain and suffering: Pain and suffering is the emotional and physical distress that you have experienced as a result of your injuries. This can include things like physical pain, emotional anguish, and loss of enjoyment of life.
- Loss of consortium: Loss of consortium is the loss of the companionship, love, and support of your spouse or significant other. This can be a significant loss, especially if your injuries have left you unable to work or to take care of yourself.
Contact our Houston Premises Liability Lawyer Today!
If you have been injured on someone else’s property in Houston, Texas, you may have a premises liability claim.
Our premises liability attorneys in Houston will listen to you describe the accident, investigate and analyze your case, and explain your options for pursuing compensation.
Contact our premises liability lawyers at Fleming Law for a free case analysis. Or call us at 737-201-0543 to speak to a lawyer today.
Resources for victims of premises liability:
- The National Center for Victims of Crime: The National Center for Victims of Crime is a non-profit organization that provides resources and support to victims of crime. They have a website with information about premises liability, as well as a hotline that victims can call for help.
- The American Bar Association: The American Bar Association is a professional organization for lawyers. They have a website with information about premises liability, as well as a lawyer referral service that can help you find an attorney in your area.
- The National Association of Insurance Commissioners: The National Association of Insurance Commissioners is a non-profit organization that regulates insurance companies. They have a website with information about insurance coverage for premises liability claims.
These are just a few of the many resources that are available to victims of premises liability. If you have been injured on someone else’s property, it is important to reach out for help. There are many people and organizations that can assist you in getting the compensation that you deserve.