Houston Premises Liability Lawyer

What is Premises Liability?

Premises liability is the area of law dealing with liability for people suffering injuries that result from some condition or use of the property. This can range from a grocery store slip-and-fall to unprotected swimming pools and dangerous amusement park conditions. 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.

What Must I Prove to Win a Premise Liability Case?

As a general rule, to win a premises liability case, you must prove four things: 1) A duty owed, 2) a breach of the duty; 3) proximate cause, and; 4) damages. If you believe you have evidence of these things, you may be entitled to file a premises liability claim

Duty of Care

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. A possessor of land owes entirely different duties to someone who is invited to be there either by express invitation or implied and someone who is there without an invitation for his own business purposes. They have a legal responsibility to invited guests and patrons but not those who are trespassing. So when a guest is involved, they have a duty to inspect the property to make sure it is reasonably safe, whereas, the duty to trespassers and people who come on for their own benefit are owed only a duty to warn of known dangers and/or not intentionally injure.

Additionally, in landlord/tenant situations, there are additional duties that arise under the lease agreement that may come into play. All of these issues need to be evaluated on a case-by-case basis. Protect your rights and take legal action against the liable party with help from a Houston premises liability lawyer at our firm if you or your loved one has been injured.

Breach of Duty

Once a duty has been established, then you must show the property owner breached his duty and failed to take responsibility for their property. In a typical premises case involving an invitee, this means you must prove the property owner was aware of a dangerous condition or should have been aware of a dangerous condition and that they failed to ensure the safety of guests by remedying the danger or adequately warning them against it.

It is important to note that the duty may be discharged by either remedying the dangerous condition or warning the guest. It is also important to note that the duty to warn is discharged if the guest knows of the dangerous condition. Conversely, if the premises owner posts a warning but the warning is inadequate to make a reasonable guest appreciate the danger, the inadequate warning will not discharge the duty to warn. It must be a conspicuous warning that draws the guest’s attention and enables a reasonable person to understand the danger.

Proximate Cause

“Proximate cause” requires that you prove that the negligence that 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 private injuries.

Damages

Damages from a slip-and-fall, trip-and-fall, or other premises liability accident case can vary from very slight to very serious but may allow you to bring a claim against the liable party. Some of the most common premises liability and catastrophic injuries we have seen from premises liability cases are as follows:

• Spinal cord injury;
• Scars;
• Traumatic brain injury and concussion;
• Whiplash;
• Broken bones;
• Burn injuries;
• Death.

The Importance of Gathering Evidence

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, you should retain a good Houston personal injury attorney 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.

You Need a Houston Premises Liability Lawyer On Your Side to Get the Compensation You Deserve

If you have been injured upon someone’s property as a result of a dangerous condition left unresolved and not made obvious to you, you should consult an experienced Houston premises liability lawyer. Our firm handles many different types of premises liability cases, including;

• Slip and falls resulting in traumatic brain injuries;
• Swimming pool accidents;
• Elevator accidents;
• Construction site accidents resulting in spinal cord injuries;
• Railing and balcony accidents;
• Amusement park and carnival accidents;
• Trampoline accidents.

These are only a few of the most common types of premises liability cases we handle. When you have been hurt on someone else’s property, you need legal support as soon as possible. Call Simmons and Fletcher, P.C.’s premises liability attorneys in Houston, today for a free consultation about your case and find out when the statute of limitations to file your premises liability claim expires.

The Value of Your Houston Premises Liability Case

(Not an actual client.)

Calculating the value of your civil claim will be one of your most important responsibilities as a Houston personal injury attorney. It might surprise you that you have the right to be repaid for every loss you have experienced. Under Texas law and premises liability laws, you have the right to maximum compensation or to be made whole.

Your premises liability attorney will also need to examine the extent of economic and non-economic damages you may be entitled to, which will ensure you receive fair compensation for your suffering. Collectively, some examples of the compensatory damages you could be awarded include:

• Pain and suffering;
• Emotional distress;
• Inconvenience;
• Disfigurement and skin scarring;
• Lost wages;
• Medical expenses;
• Healthcare equipment and devices;
• Future medical treatment and care;
• Loss of future potential earnings;
• Diminished quality of life;
• Loss of employee benefits;
• Loss of love, support, companionship, and society;
• Loss of household services.

These are just a few examples of damages you may be entitled to as part of your premises liability case. Contact an experienced personal injury attorney at Simmons & Fletcher, P.C., to file a premises liability claim, learn more about your case worth, and file a claim against those responsible.

Contact Us

If you have been injured as the result of a failed property owner’s responsibility and negligence, contact our Houston personal injury team today for committed representation in your premises liability case and discuss your legal options further. We do not charge any payment of attorney’s fees nor our attorney expenses unless we win a settlement or verdict for you.

Our law firm is 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, or phone to make the case convenient for you. We also have investigators and lawyers who travel to investigate and explore cases where they happen.

The information above should not be taken as legal advice. Contact us online today for committed support in your premises liability case, and let our years of experience work for you. Make sure to schedule your free case evaluation by phone at (713) 932-0777 or through our online contact form to get started.

A Client’s Review

Review: 5/5 ★ ★ ★ ★ ★ ” This firm did an excellent job of representing our family. Not only are they very knowledgeable, but are also very polite and always communicate throughout the whole process. A special thank you to Amanda for her helpful updates and hard work.” – Theresa R., an actual client.