Key Takeaways: What Every Premises Liability Victim Should Know
- You can recover even if partly at fault for your premises liability accident, but your recovery may be reduced by your percentage of fault under the Texas modified comparative negligence law.
- Property owners owe different duties depending on their legal status – invitees receive the highest level of protection, while trespassers receive the least.
- Evidence disappears quickly – surveillance footage gets recycled within days or weeks, so immediate action is crucial to preserve CCTV, incident reports, and witness statements.
- You must prove notice that the property owner knew or should have known about the dangerous condition and failed to remedy it or provide adequate warning.
- You have two years from your accident date to file a premises liability claim in Texas under Texas Civil Practice and Remedies Code Section 16.003, or you may lose your right to compensation forever.
Contact a Houston premises liability attorney today for your free case evaluation. We’ll help you understand your legal options with no pressure or obligation.
Why Call Simmons and Fletcher?
There are thousands of lawyers in Texas. Here are some of the reasons to call us when you are injured in a premises liability accident:
- We have been in business since 1979.
- We have a Board Certified Personal Injury Trial Lawyer.
- We handle only personal injury cases for injury victims.
- We have experience in handling premises liability cases.
- We handle premises liability cases all over the State of Texas.
- We work on a contingency fee basis and charge no fees or case expenses to you unless we make a recovery for you. Call us at 713-932-0777 today!
Premises Liability Client Video Testimonial
Hear from an actual client of Simmons and Fletcher, P.C., who was seriously injured at a furniture store when a couch that was suspended several stories above the ground floor fell on him. Our client first called another law firm. However, when he questioned the things they tried to advise him to do, he fired them. Then he found Simmons and Fletcher, P.C. Our attorneys took his case and pursued justice for our client.
Call Simmons and Fletcher, P.C., for a free consultation today at 800-298-0111 to learn what we can do for you.
Our Recent Premises Liability Case Result
A woman was walking out of a restaurant when she fell due to a lime slice that had fallen from a waitress’s tray. It was left sitting right in front of the host’s station. After the fall caused her to need a spine surgery and an infusion pump for pain, she called Simmons and Fletcher, P.C. We were able to recover $955,000.00 on her behalf.
4.9 out of 5 stars based on 486 reviews on Google, see what our clients say about us
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
What Is Premises Liability?
Premises liability is the area of law that holds property owners responsible when visitors suffer injuries due to dangerous conditions on their property. This can range from a slip and fall at an H-E-B grocery store to inadequate lighting in a Houston parking garage or unprotected swimming pool accidents.
The core premise is that property owners have a legal duty to maintain reasonably safe conditions for people who have permission to enter their property. When they fail in this duty and someone gets hurt, they may be liable for the victim’s damages.
Types of premises liability cases our Houston attorneys handle include:
- Slip and fall accidents on wet floors or uneven surfaces;
- Trip and fall incidents caused by broken pavement or debris;
- Inadequate security leading to assaults or robberies;
- Swimming pool accidents and drowning incidents;
- Falling merchandise or structural collapses;
- Dog bite attacks on private property;
- Toxic exposure from chemicals or mold;
- Elevator and escalator accidents.
Time is critical when pursuing a premises liability claim. Texas law gives injured parties just two years from the accident date to file a lawsuit under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline means permanently losing your right to compensation, regardless of how strong your case may be.
What Must I Prove to Win a Premise Liability Case?
To succeed in a premises liability lawsuit in Texas, you must establish four essential elements that demonstrate the property owner’s negligence led to your injuries.
Duty of Care
Property owners owe different levels of duty depending on your legal status when injured:
- Invitees (customers, patients, invited guests) receive the highest protection – owners must regularly inspect for dangers and fix or warn of hazards;
- Licensees (social guests) are owed a duty to warn of known dangers;
- Trespassers generally receive minimal protection, except children in certain circumstances.
Breach of Duty
You must prove the property owner failed to meet their duty by:
- Not conducting reasonable inspections for dangerous conditions;
- Failing to repair known hazards in a timely manner;
- Not providing adequate warnings about dangerous conditions;
- Creating unreasonably dangerous conditions through their actions.
Causation
There must be a direct connection between the property owner’s breach of duty and your injuries. This means proving that the dangerous condition actually caused your fall accident or other harm.
Damages
You must have suffered actual damages from the incident, including:
- Medical bills and ongoing treatment costs;
- Lost wages and reduced earning capacity;
- Pain and suffering from your injuries;
- Mental anguish and emotional distress.
Check if the property owner had notice of your dangerous condition. Contact our premises liability lawyers today for a free case review.
Is the Property Owner Liable if I am Injured on Someone’s Property?
Just because you are injured on another person’s property does not mean they are automatically responsible for your injury. To recover damages, you must prove the person in possession of the property owed you a duty to either remedy the unreasonably dangerous condition or to warn you of its presence, and that he failed to do both. Also, if you were actually aware of the dangerous condition, his duty is discharged. You should consult a personal injury lawyer to determine whether your case qualifies.
Paul Cannon discusses premises liability law.
Types Of Premises Liability Injuries
Premises liability accidents can result in a wide range of injuries, from minor bruises to life-changing, catastrophic injuries. According to the Centers for Disease Control and Prevention (CDC), each year, there are about 3 million emergency department visits due to falls involving older people, and falls are the most common cause of traumatic brain injuries. Our Houston premises liability attorneys have experience handling cases involving:
- Broken bones and fractures from falls on hard surfaces;
- Head and brain injuries, including concussions and traumatic brain injuries;
- Spinal cord injuries that may result in paralysis;
- Soft tissue injuries affecting muscles, tendons, and ligaments;
- Cuts and lacerations from broken glass or sharp objects;
- Burns from hot surfaces, chemicals, or electrical hazards;
- Wrongful death in the most severe cases.
The severity of your injuries directly impacts the value of your premises liability claim. Our experienced liability lawyers work with medical experts to document the full extent of your injuries and their long-term impact on your life.
Immediate medical attention is crucial after any premises liability accident, even if you initially feel fine. Some injuries, like traumatic brain injuries or internal bleeding, may not show symptoms immediately but can become life-threatening without proper treatment.
Common Areas Where Premises Liability Can Occur
Premises liability accidents happen throughout the Greater Houston area, from downtown high-rises to suburban shopping centers. Our attorneys handle cases at various types of properties.
Retail and Commercial Properties
Business owners have a duty to maintain safe shopping environments for customers. Common hazards include:
- Grocery stores – spills, wet floors, and falling merchandise at H-E-B, Kroger, and other chains;
- Shopping malls – inadequate maintenance, poor lighting, and security issues at Galleria and other Houston malls;
- Restaurants – slippery floors, inadequate lighting, and overcrowded conditions;
- Big-box retailers – falling merchandise and maintenance issues at Walmart, Home Depot, and similar stores.
Residential Properties
Property owners and landlords must keep their premises safe for residents and visitors. Frequent issues arise from:
- Apartment complexes – broken stairs, inadequate lighting, and negligent security;
- Private homes – dangerous conditions affecting invited guests;
- Condominiums – maintenance failures and structural defects.
Public and Semi-Public Areas
These high-traffic locations require consistent maintenance and safety protocols. Injuries often occur at:
- Parking lots and garages – potholes, inadequate lighting, and security issues;
- Hotels – slippery floors, broken railings, and pool accidents;
- Medical facilities – slip and fall hazards in hospitals and clinics;
- Entertainment venues – overcrowding and inadequate maintenance at theaters and sports facilities.
From our Houston office, we serve clients injured throughout Harris County, including downtown, the Medical Center, Galleria area, and surrounding neighborhoods like Memorial, River Oaks, and The Heights.
See if video evidence can be preserved for your Houston premises liability case. Contact our attorneys immediately to protect crucial evidence.
Related Resources
- Balcony Railing Collapse Accidents: Learn about liability when defective railings cause serious falls and injuries.
- Houston Dog Bite Lawyer: Understand your rights when attacked by a dog on someone else’s property.
- Electrocution Accidents: Explore legal options for electrical injuries on commercial or residential properties.
- Construction Site Accidents: Read about premises liability claims for injuries at construction sites and work zones.
- Scaffolding Collapse Accidents: Discover how property owners can be liable for unsafe scaffolding conditions.
- What to Do After a Dog Attack: Step-by-step guide for protecting your rights after being bitten on someone’s property.
- Can Dog Bites Cause Permanent Injuries?: Learn about the long-term consequences of dog attacks on private property.
FAQs About Premises Liability Compensation
What Should I Do if I Am Injured on Someone Else’s Property?
If you are injured on someone else’s property, take immediate action to protect your health and legal rights. First, seek immediate medical attention even if your injuries seem minor, as some conditions like brain injuries may not show symptoms immediately. Document everything by taking photos of the accident scene, the dangerous condition, and your injuries while getting contact information from witnesses. Report the incident to the property owner or manager and ensure they create an incident report. Finally, contact our experienced Houston premises liability attorney to preserve evidence and protect your legal rights before crucial evidence disappears.
Are premises liability cases hard to win?
Premises liability cases can be challenging because you must prove the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Success depends on preserving evidence like surveillance footage, incident reports, and maintenance records that often disappear quickly. Our experienced premises liability attorneys know how to investigate these cases thoroughly, work with expert witnesses, and build compelling arguments that demonstrate the property owner’s negligence caused your injuries.
What is the premises liability law in Texas?
Texas premises liability law requires property owners to exercise ordinary care to keep their premises reasonably safe for visitors. The level of duty depends on your legal status – invitees receive the highest protection, while licensees and trespassers receive less. Property owners must inspect their premises for dangers, fix hazardous conditions, and warn visitors of known risks they cannot immediately remedy. Texas follows modified comparative negligence under Chapter 33 of the Civil Practice and Remedies Code, meaning you can recover damages even if partly at fault, but your compensation is reduced by your percentage of fault if it’s 50% or less.
How much can you get for premises liability?
The value of premises liability cases varies widely based on injury severity, medical expenses, lost wages, and the degree of property owner negligence. Compensation may include economic damages like medical bills and lost income, plus non-economic damages for pain and suffering, mental anguish, and loss of enjoyment of life. Severe injuries requiring ongoing treatment and affecting your ability to work will result in higher settlements. Our Houston premises liability lawyers will evaluate your specific damages and fight for maximum compensation based on the full impact of your injuries.
How long does it take to settle a premises liability case?
Most premises liability cases settle within 6 to 18 months, though complex cases involving severe injuries or disputed liability may take longer. The timeline depends on factors like injury severity, evidence availability, and the insurance company’s willingness to negotiate fairly. Simple cases with clear liability and minor injuries may resolve quickly, while cases involving catastrophic injuries or wrongful death often require extensive investigation and expert testimony. Our attorneys work efficiently to build strong cases while ensuring you receive fair compensation for all your damages.
