When you go into a grocery store or stop in to visit a friend, you never expect that some hazard on the property will injure you. Sadly, thousands of people are injured every year due to a property defect or a failure on the part of the owner to maintain the premises safely. At Husain Law + Associates, P.C., we hold property owners accountable when innocent people are hurt on their premises.
Please reach out to a Houston premises liability attorney today to learn more about your legal right to compensation.
What is Premises Liability Law in Houston, TX?
Premises liability is a legal doctrine that holds that a property owner or occupier owes certain duties to invitees. Through this type of legal claim, a business or property owner may be held liable for an injury that occurred on its premises. However, neither businesses/property owners are automatically liable for an accident or other incident on their premises in Texas.
To hold a business or property owner at fault in Houston, Texas, the victim must prove that their injuries occurred due to an unreasonably dangerous safety hazard on the premises that the defendant knew or should have known about and that the defendant could have taken action to remove the safety hazard and/or substantially reduce the risk. We can bring a premises liability claim when you are injured due to some defect in a building or on the property. For example, we have helped people harmed by:
- Slip and Fall Accidents: Slip and fall accidents are among the most common types of premises liability claims. If you were hurt in a slip and fall caused by a safety hazard, the business or property owner may be legally responsible.
- Inadequate Maintenance: Texas requires property owners and occupiers to conduct proper maintenance. When they fail to do so, it can pose a serious safety hazard. A business or property owner may be liable for an accident caused by inadequate maintenance.
- Negligent Security Claims: In some circumstances, businesses and property owners have a proactive duty to provide adequate security. When they fail to do so, they may be liable for a third-party criminal attack through a negligent security claim.
- Electrocution Accidents: Exposed wiring or improperly installed appliances can result in electrocution accidents and serious injuries. Victims of electrocution accidents can suffer burn injuries, impairment, loss of vision, nerve damage, and more.
- Fires: Exposed wiring, poor insulation jobs, chemical mishaps, improperly wired appliances, and other events can cause fires, resulting in burns, loss of property, and in serious cases, death.
- Elevator or Escalator Accidents: Malls, airports, and other businesses need to ensure their facilities are safe and up-to-code. Don’t blame these accidents on bad luck. Hold negligent businesses accountable for their reckless and lazy actions.
- Food Poisoning: Restaurants are required to serve food that is safe for consumers. Sometimes, cooks, owners, and other stores can overlook expiration dates, safety issues, and shipping/storing situations.
- Chemical Exposure: Construction zones, large businesses, and apartment complexes tend to use chemicals in their cleaning, building, and safety efforts. Being wrongfully exposed to chemicals can lead to a variety of injuries and issues if not dealt with properly. Our firm can help you recover the compensation you deserve from these reckless actions.
What Steps You Should Take After A Premises Accident in Houston
We recommend trying to photograph the hazard that injured you. If you slipped and fell on a loose floor tile, get a picture. We want to avoid a situation where the property owner quickly fixes the defect and then claims it never existed. You should also report the accident to the property owner.
They should protect the public from danger so that no more people are hurt. Also, go to the hospital to have your injuries treated. We have found that prompt treatment gives accident victims the best chance of making a full recovery.
Who Can You Sue?
Generally, we sue the person or entity who owns and/or controls the property. This could be:
- Property management company
- Private homeowner
- Governmental agency
Many people are injured in restaurants, bars, hotels, shopping malls, big-box stores, and public buildings. They might also be hurt at a friend or relative’s home. As experienced Houston premises liability lawyers, we carefully review the facts to identify the correct person or entity to sue.
When Can You Sue?
Texas law does not guarantee that you will be 100% safe on someone’s property. That’s an unrealistic standard. However, the law prevents owners from turning a blind eye to defects—especially when they invite people to come to visit. The care a property owner must use depends on your status on the property. Generally, Texas identifies three classes of visitors:
- Invitee. Invitees are people the owner invites onto the property for the mutual benefit of both. The most common invitee is a customer shopping in a store.
- Licensee. A licensee has permission to be on the property but was not invited by the owner. Typically, licensees are there for their purposes. Someone allowed to hunt on your property could be a licensee.
- Trespasser. Trespassers have no right or permission to enter or remain on the property. They are breaking the law.
Property owners must use the most care for invitees. Typically, they must use reasonable care to make dangerous conditions safe or warn visitors of the condition. By contrast, owners owe no duty to inspect or warn of dangers when it comes to trespassers—unless the trespasser was a child drawn to the property by an attractive nuisance, like a swing set or an abandoned refrigerator.
Husain Law Can Help
Premises liability claims are not easy to bring. Our legal team will ease the process of seeking compensation by performing the following:
- Investigate how long the hazard existed, which can show they had notice of it and should have fixed it or warned you about it.
- Search for surveillance video which can show how long a hazard existed or whether a premises owner tried to cover it up.
- Request information from the defendant, such as prior premises liability accidents and a maintenance schedule.
- Document your injuries and financial losses, including medical bills and lost wages.
- Communicate with insurance adjusters and answer any of their questions.
- Negotiate a fair settlement. Shopping malls and big-box retailers aggressively fight back against any compensation claim, so using a seasoned attorney is best.
Fair Compensation for Your Injuries
In Houston, injured victims have a right to seek compensation for economic and non-economic damages from the at-fault party. How much you can recover in compensation through a premises liability claim depends on many case-specific facts, including your ability to establish liability and the extent of your damages. Many victims seek money to cover medical care, rehabilitation, lost income, and property damage.
If your injuries are permanent, you might receive money for future medical care and diminished earning capacity. A Houston premises liability attorney helps clients maximize their settlement or verdict. Compensation may be granted for:
- Emergency room care;
- Hospital bills and other medical costs;
- Ongoing or long-term health care;
- Lost wages and diminished earning capability;
- Pain and suffering; and
- Long-term disfigurement or physical impairment.
Call Our Houston Premises Liability Lawyers to Learn More
At Husain Law + Associates, P.C, our Houston premises liability attorneys has the professional expertise that you can trust. If you were hurt due to unsafe conditions on another person’s property, we are here to help. Contact us today for a free, no-obligation initial consultation.
From our Houston office, we represent injured victims in premises liability claims throughout Harris County and Southeast Texas. Call us today at 713-800-1200 for immediate help!
Talk to a Firm That's Earned a National Reputation
SCHEDULE A FREE CASE REVIEW TODAY!