Houston Premises Liability Attorney
Houston Premises Liability Lawyer
Premises liability is the area of law dealing with liability for injuries that result due to some condition or use of property. This can range from the grocery store slip and fall to unprotected swimming pools to dangerous conditions in amusement parks. The basics of this are that the person is injured on someone else’s property and that person was under some duty to prevent or reduce the risk of the injury from occurring. Premises liability law is very complex. It is very easy for an unwary victim to get re-victimized by an adjuster who takes advantage of their lack of knowledge. For this reason it is very important that you speak to a premises liability lawyer as soon as possible and not give any recorded statements. At Simmons and Fletcher, we have handled hundreds of premises liability cases. Call us for a free consultation.
Overview of Premises Liability Law
Premises Liability Law is the area of law that covers a property owner’s responsibility for injuries that occur on the property. Just because you are injured on another person’s property does not mean they are automatically responsible for your injury. As a general rule, to win a premises liability case, you must prove four things: 1) A duty owed, 2) breach of the duty; 3) proximate cause, and; 4) damages.
A property owner is not an insurer of the property. Whether the premises in question is a residential property, commercial property or farm/recreational property all play into what laws apply and what duties are imposed upon the landowner. Also, premises liability law imposes different duties upon land owners depending upon the status of the injured person while on the property. The duty owed to an “invitee” (a person who was invited to be there by express or implied invitation) is generally a higher duty than that owed to a “licensee” (a person who is on the property for his own personal business only or a “trespasser” (a person without permission to be on the land). In addition to the above, when the landowner is a landlord of the injured person, there are additional contractual duties that can arise under the rental contract such as the implied warranty of habitability. All of the above status and duty issues must be fully explored in every case.
Breach of Duty
Once a duty has been established, then you must show the property owner breach his duty. In a typical premises case, this means you must show that you must prove the property owner was aware of a dangerous condition or should have been aware of a dangerous condition and that he failed to either remedy the danger or adequately warn you against it.
An important note about this issue is that the evidence easily disappears. Often videos get “recycled” or the cause of the injury gets repaired and discarded. Thus,it is very important that you retain a good personal injury lawyer to send a spoliation letter demanding that the evidence be preserved and turned over at an appropriate time. Delaying in calling an attorney can result in the permanent loss of critical evidence in these cases. Thus, if you have been injured and think you may have a premises liability case such as a slip and fall or trip and fall, call us immediately for a free consultation.
“Proximate cause” requires that you prove that the negligence which created the danger posed to you caused the injuries you have. In other words, you must show that you did not have knowledge of the danger and ignore the warning or risk yourself. You must also show that you were acting reasonably and not the sole proximate cause of your own injuries.
Damages from a slip-and-fall, trip-and-fall or other premises liability case can vary from very slight to very serious. Some of the damages we have seen from premises liability cases are as follows:
You Need a Premises Liability Lawyer On Your Side
The above issues demonstrate why you need an experienced premises liability lawyer advising you if you have been injured as a result of the actions of a negligent property owner. Our firm handles a large number of premises liability cases involving the negligence of a homeowner or commercial property owner, such as:
- Slip and falls
- Trip and falls
- Apartment complex injury
- Swimming pool accidents and drowning
- Dog bites/animal attacks
- Negligent security
- Construction site accidents
- Spider bite injury
- Falls down stairs
- Railing and balcony accidents
- Amusement park and carnival accidents
- Sports injury
Call Simmons and Fletcher’s premises liability attorneys for a free consultation about your premises liability case today.
In addition to the legal issues that your premise liability lawyer must be familiar with, you need an attorney who knows how to secure the evidence in your case. Some of the things Simmons and Fletcher’s premises liability lawyers do in these matters are:
- Send spoliation letters to prevent the destruction of valuable video evidence in the landlord’s possession
- Subpoena/obtain incident reports, investigative material, government reports and other necessary documents
- Photograph the scene to preserve the evidence before remedial measures (repairs) can be performed to hide the evidence
- Interview eye-witnesses
- Depose the landowner and/or his representatives and employees
- Take negligent landowners to trial
If you have been injured as the result of a property owner’s negligence, contact us today for committed representation in your premises liability case. We do not take any payment of attorney’s fees unless we win a settlement or verdict for you.
We are located next to the Memorial City Mall in Houston, Texas. We handle serious injury cases across the State of Texas and are more than happy to work with you via, email, skype, phone to make handling the case a convenience for you. We also have investigators and lawyers who travel to investigate and explore cases where they happen. Contact us today for committed support in your premises liability case.
For more information on premises liability law, please visit our blog under premise liability, or read about one of these frequently asked-about premises liability topics:
- The Attractive Nuisance Doctrine
- City Liability for Sidewalk Injury
- The Grocery Store Slip & Fall Case