Premises Liability Attorneys in Houston
Helping You Secure Compensation for Slip & Falls, Negligent Security & More
Let’s face it—sometimes we slip, trip, and fall down. Usually we’re alright, suffering nothing more than embarrassment at our own clumsiness. Other times, however, we are injured, and we wonder what happened. Was there some substance on the floor or on the walkway that should not have been there? Was the floor or sidewalk uneven, cracked, or in some other way poorly maintained? If so, was there any sign or other indication that the area was unsafe and should be avoided?
At lawyers at FileASuit.com, our lawyers have helped many clients obtain compensation in situations such as these. As premises liability attorneys with years of experience helping slip and fall and other accident victims. The law demands that those who own property warn or make safe any condition on the property that they know or should know to be dangerous, so in the event that you suffered an injury they can be held accountable.
The legal team at lawyers at FileASuit.com is here to help. Contact us online or call (832) 847-7873 for your free consultation. We provide experienced legal help in Houston and the surrounding areas!
What is a Premises Liability Lawsuit?
A person who is injured due to unsafe conditions on another person's property may be able to recover damages for injuries based upon the responsibility of the owner to maintain the property. If you have been injured due to the negligence of a property owner, you may accumulate medical expenses and be subsequently out of work for a period of time. Often people need help from a dedicated Houston premises liability lawyer to obtain compensation for these expenses, as insurance companies can make the process cumbersome.
What You Are Up Against
Slip and fall and other related cases have a component known as comparative fault. The argument goes like this: If the danger was so apparent that the owner should have repaired it, why did the injured party not see the danger and simply avoid it? This amounts to a personal attack against the victim, but it is quite common in these types of cases and is just one reason why you should not give statements or talk to the owners of the property or their representatives until you have spoken with us.
Also, it is important to document the conditions where you were injured. If the defect is repaired or altered before you take pictures (or before we can send an expert to the scene), crucial evidence will be lost. Many judges and juries refuse to take the word of the victim if the only proof of the dangerous situation is the victim’s memory.
Building a Premises Liability Claim
For an owner or operator of premises to be held liable for negligence in allowing an unsafe condition to exist on the premises, the injured party typically must prove that:
- The condition was caused or created by the owner, operator, or an agent (person working for them and acting within the scope of employment); or
- The condition was caused or created by someone else, but the owner or operator had actual or constructive notice the condition existed prior to the accident.
Actual notice means simply that the person actually knows and is aware of the unsafe condition. Constructive notice means that the knowledge of the owner or operator is implied because of the circumstances. For example, the owner or operator would be deemed to be on constructive notice if there had been a recurring incident or a pattern of conduct that would indicate the unsafe condition exists.
Typically, the probability and gravity of harm inflicted on a person must outweigh the burden of the owner in engaging in alternative conduct that would have prevented the harm. Furthermore, the duty of care owed to you by the property owner may depend on why you were allowed on the property. Our legal team will help you investigate and resolve these issues so you have a strong claim.
Potential Types of Premises Liability Cases
Just a few of the types of premises liability cases we handle include:
- Slip and fall accidents: These accidents occur when you slip, trip, and/or on someone's property due to unsafe conditions. Slip and fall accidents can result from wet or oily floors, hidden wires or cords, unsecured rugs or carpets, thresholds, loose floors, steps, stairs, etc.
- Snow and ice accidents
- Swimming pool accidents: These accidents occur when a pool is not safeguarded against use by unsupervised individuals, particularly children.
- Inadequate building maintenance accidents
- Inadequate building security accidents: These accidents typically occur at apartment buildings or offices in which owners have a duty to reasonably secure access to the building for tenants.
- Animal bites (typically from pets)
- Fires that could have been otherwise limited or avoided
- Water leaks or flooding
- Toxic fumes and chemicals
Contact lawyers at FileASuit.com for an Initial Consultation
In Texas, the statute of limitations for premises liability cases is typically two years from the date of your accident. But it can vary from less than two years, or more than two years depending upon the circumstances of the claim. If you have had an accident on another person's property, be sure to contact our office and speak with a premises liability lawyer as soon as possible following the incident. Bringing a suit soon after the accident helps ensure that evidence is preserved. Also, you must be aware that if the statute of limitations has expired, you will no longer have a valid claim to sue for damages.
Call us today at (832) 847-7873 if you or a loved one have been injured due to poorly maintained premises. Se habla Espanol.
WE FILE A SUIT!