Premises Liability in Texas

Premises Liability Attorney in Houston, Texas

If you or a loved one has been injured on another person’s property, you may be wondering if you have a premises liability case. The first step is to contact an experienced premises liability attorney in Houston, Texas, like Scott M. Brown & Associates Law Office.

We have the experience and knowledge necessary to help you navigate the often complex legal process. Premises liability law can be complicated, but we are here to guide you every step of the way and fight for the personal injury compensation you deserve.

Contact law firm today for a consultation. We would be happy to look at your premises liability case and answer any questions you may have.

Why do I need a Premises Liability Attorney in Texas?

Premises liability attorneyIf you or someone you care about has been hurt in a premises liability accident, it’s important to talk to an experienced premises liability lawyer who can help you understand your legal rights and options.

At the Scott M. Brown & Associates Law Firm, our personal injury lawyers have extensive experience handling premises liability lawsuits in Texas. We understand the unique challenges involved in these personal injury cases, and we know how to build a strong case on your behalf. We’ll work tirelessly to get you the compensation you deserve.

If you’ve been injured in a slip and fall accident, don’t wait to seek legal assistance. Contact our law office today to schedule a consultation with one of our experienced personal injury lawyers. We’ll review your case and explain your legal options so that you can make an informed decision about your future.

What is Premises Liability?

Premises liability is a legal term that refers to the responsibility of a property owner to ensure that their property is safe for visitors. The Texas Civil Practice and Remedies Code is the law that says who is responsible for damage to property.

According to these laws, a property owner can be held liable for injuries that occur on their property if they knew or should have known about a dangerous condition and failed to take steps to remedy the situation. If you have been injured on someone else’s property, you may be entitled to a premises liability claim for your medical bills, lost wages, and pain and suffering.

An experienced premises liability attorney can help you determine your legal rights and options.

Common Premises Liability Cases

Premises liability is a type of personal injury law that holds property owners and occupiers responsible for injuries suffered on their property due to their negligence. In order for a premises liability case to be successful, the plaintiff must prove that the property owner or occupier owed them a duty of care, that the duty of care was breached, and that the breach of duty caused their injuries.

There are many different types of premises liability cases, but some of the most common include slip-and-falls, snow/ice accidents, poor maintenance of the premises, and faulty conditions on the premises. In some cases, insufficient building security can also lead to elevator and escalator injuries or assaults. Dog bites, accidents in pools or amusement parks, fires, water leaks or flooding, and poisonous fumes or chemicals are some other common cases of premises liability.

As you can see, premises liability cases are diverse. Even dog bite instances fall under premises liability because of an unsafe condition (the presence of a potentially dangerous dog). If someone else’s carelessness caused you to get hurt on their property, you may be able to get money for compensation.

The Duty of Care of the Property Owner

As a property owner, you have a duty of care to take reasonable steps to prevent foreseeable accidents and injuries, as well as provide adequate warning of any known risks. If you fail in your duty of care and someone is injured as a result, you may be held liable under Texas law.

What the Injured Party Must Establish

Premises liability generally only applies when the plaintiff is injured while on someone else’s property. The plaintiff must prove that the defendant owned, occupied, or leased the property, that the defendant was negligent in using the property, that the plaintiff was hurt, and that the defendant’s carelessness caused the harm.

In some cases, a landowner can be held liable if he or she is aware of a risk of an accident on the property but did not take steps to remedy it. For example, if there is a large hole in the ground and the landowner knows about it but does not put up a fence or warning sign, he or she could be held liable if someone falls into the hole and is injured.

In Texas, landowners must take reasonable steps to warn invitees of any disastrous conditions on their property that are not immediately apparent. This duty includes inspecting the property for such hazards.

Liability based on a person’s status on the premise

Premises liability is based on a person’s status on the property. The courts use the status of the person to determine the standard of care that the defendant must provide. A person can be either of the following types:

Invitees

Invitees are people who enter the property for the owner’s benefit, such as customers in a store.

Licensees

Licensees are people who enter the property with the owner’s permission, such as delivery workers or repairmen.

Trespassers

Trespassers are people who enter the property without the owner’s permission.

A Premises Liability Claim

If you or someone you know has been injured on someone else’s property, there are certain requirements that must be met in order for a property owner to be held liable for an injury that occurs on their property.

Alert the property owner of the accident

If you have been injured on business property, it is important to tell the top employee as soon as possible so that they can take appropriate action.

If the accident has occurred on public property and no emergency services are needed, you must still report it to the relevant authorities within 24 hours. When claims are not made in a timely manner, insurance companies and juries often question them. It is always best to report an accident as soon as possible.

Get names of witnesses

In order for a property owner to be held liable, they must have known or should have reasonably known about the dangerous condition that caused the accident. This is where witnesses come in. If you’ve been in an accident, try to get the names and contact information of any witnesses who saw the event unfold.

This way, your injury lawyer can reach out to them and see if they are willing to give a statement or testimony about what they saw. Witnesses can be crucial in premises liability cases, so don’t hesitate to get their information if you’ve been injured in an accident.

Take pictures quickly

Premises liability claims in Texas require prompt action to preserve evidence. If you’ve been harmed in an accident, it’s important to take pictures of the accident site as soon as possible.

The more photos you have, the better. If you’re unable to take photos yourself, ask a friend or relative to do so. Time is of the essence when it comes to these types of claims, so it’s important to act quickly.

Get the medical attention you require

It is important that you seek medical attention if you have been injured. Not only will this ensure that you receive the care you need, but it will also create a record of your injuries. This can be important if you decide to pursue a premises liability claim against the property owner.

Without documentation of your injuries, it may be more difficult to collect damages. So if you’ve been injured in an accident, do not delay in seeking medical attention. Consulting with a doctor as soon as possible is always the best course of action.

Tell your doctor what happened

It is so important to keep detailed records of what happened and how you were injured to support your claim.

Be sure to tell your doctor everything about the accident, including how it happened and what injuries you sustained. This will ensure that your medical records are consistent and provide the best possible evidence for your premises liability claim. You can help make sure you get the money you deserve for your injuries if you act quickly and decisively.

Accurately complete accident reports

In Texas, for example, property owners are not legally required to file an accident report after a fall or other injury occurs on their property. However, many choose to do so in order to avoid potential liability.

When submitting an accident report, it is important to be honest and accurate in your description of the accident and your injuries. Falsifying or exaggerating information in the report can damage your credibility and may ultimately lead to the dismissal of your claim.

Never tape a statement for an insurer

If you’ve been injured in an accident on someone else’s property, you may be wondering whether or not you must give a statement to the insurance company. In most cases, it is best to consult with a personal injury lawyer before giving any statement, as the insurer can use your words against you.

If you give a recorded statement to the insurer without first consulting a Texas premises liability attorney, you can inadvertently damage your case. 

Keeping medical appointments

If someone else’s carelessness caused you to get hurt on their property, you may be compensated.

However, premises liability claims can be complicated, and it’s important to get medical help immediately after an accident. Many injuries, such as back and neck injuries, may not be immediately apparent.

If you wait too long to seek medical treatment, the insurance company (and potentially a jury) may view your injuries as minor or that you have fully recovered. As such, it is important to get medical help right away after an accident.

Call our Skilled Premises Liability Attorney Right Away!

Premises liability issues can be complex. If you have been injured on someone else’s property, it is important to consult with a competent premises liability attorney who is knowledgeable in premises liability in this area of law. The Scott M. Brown & Associates Law Office has represented clients throughout Texas and has the experience necessary to help you navigate the legal process. We will work tirelessly to ensure that you receive the compensation you deserve. Contact us today to schedule a consultation.

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