When you visit someone’s property and suffer an injury because they created or did not attend to a hazardous situation, you have the legal right to hold that party accountable for your losses. Our Houston premises liability lawyers know how to make sure you receive full and fair compensation.
For victims, hiring an attorney from Lowe Law could be a critical decision in protecting your future. Our Houston personal injury lawyers have decades of combined experience fighting for victims of truck accidents in the state of Texas.
Why Hire Our Team
In Houston, premises liability incidents occur frequently, often resulting in significant consequences for victims. These events, which can happen in commercial, residential, or public spaces, stem from hazardous conditions caused by negligent maintenance or oversight. The aftermath typically involves:
- Physical injuries
- Substantial medical expenses
- Lost wages
- Extended periods of pain and suffering for those affected
The legalities of premises liability cases demand specialized knowledge and a comprehensive understanding of Texas law. At Lowe Law, our dedication to excellence in this field has been recognized by our inclusion in the National Trial Lawyers Top 40 Under 40.
We will approach each case with a strong commitment to your rights. There are many benefits to working with us to protect yourself from insurance company claims and at-fault party abuses. Let us handle your case for you today.
What Premises Liability Means Legally
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment for visitors and guests. This area of Civil Practices and Remedies, Chapter 75, is based on the principle that property owners should ensure a safe environment for others.
In Texas, premises liability cases require proving that the property owner was or should have been aware of a hazardous condition and neglected to address it or warn visitors. The scope of premises liability encompasses numerous scenarios where negligence in property maintenance or management results in injury.
These cases can involve:
- Inadequate security measures
- Poor lighting
- Structural defects
- The presence of harmful substances
A skilled lawyer can gather evidence, construct a compelling case, and establish the property owner’s lack of care and direct link to the client’s injuries. Successful premises liability claims in Texas require demonstrating the following four key elements of negligence:
- The defendant owned or controlled the property.
- The plaintiff was lawfully on the premises.
- A dangerous condition existed on the property.
- This condition caused the plaintiff’s injuries.
Why Hire a Houston Premises Liability Attorney in Your Case
Victims of premises liability must document their right to be on the property, the right to compensation, and the value of their losses. You have a great deal at risk in these cases, especially if you have serious financial losses.
With the guidance of our legal team, you can focus on your recovery while we fight for your fair compensation. Consider some of the most important reasons to work with our skilled attorneys:
- Insurance companies could claim you are at fault: There are many situations in which insurance companies will work to blame victims for accidents and injuries. That includes trying to demonstrate you did not have the right to be on the property or that you caused the accident. We do not let them get away with making such claims.
- Proving your injuries can be complicated: In some situations, insurance companies may try to demonstrate that you had pre-existing conditions that caused your injuries and losses, making it nearly impossible for you to show that their negligence caused your losses.
- Demonstrating that the at–fault party had time to act: In some situations, the insurance company may attempt to prove that the property owner was unaware of or did not have sufficient time to address the hazardous situation. That could impact your case.
Our Houston premises liability lawyers will use evidence and expert witnesses to build a strong claim for you, one that carefully and fully outlines your losses and demonstrates who is at fault. You need an attorney who advocates for you and has extensive experience in these commonly complicated areas of the law.
Types of Premises Liability Cases
Premises liability covers several scenarios where property conditions lead to injury or harm. These cases can arise in residential, commercial, or public settings, each presenting unique challenges and legal considerations. Premises liability law covers several types of incidents, including but not limited to:
- Slip and fall accidents
- Inadequate maintenance of premises
- Defective conditions on the property
- Elevator accidents
- Swimming pool accidents
- Toxic fumes or chemicals
- Water leaks or flooding
- Dog bites or animal attacks on the property
- Inadequate lighting leading to injury
Each scenario requires a thorough investigation to determine liability and build a strong case. Factors such as the hazard’s nature, the property owner’s knowledge, and the injured party’s status on the property influence premises liability claims.
A Houston Walmart slip and fall accident lawyer at Lowe Law can help you through these challenges, gathering evidence and constructing a compelling case that clearly establishes the property owner’s negligence and direct connection to the client’s injuries.
What to Look for When Hiring a Houston Premises Liability Attorney
Premises liability can be a somewhat complicated area of the law, especially for an attorney who may not have helped victims get through these challenges in the past. Our legal team is always poised to provide you with accurate and transparent insight into your rights, and we do that by building a strong case for you.
When you are choosing someone to represent you, here are several key factors to keep in mind throughout the process:
- Experience with the type of claim you have. In some types of liability claims, such as those related to defective products or manufacturing failures, having a lawyer with ample experience in those areas could prove to be critical. Find out what type of experience the attorney has in cases like your own before you work with them.
- Time to dedicate to your case. Many premises liability claims take some research and investigation. This takes time. When selecting a Houston premises liability attorney, be sure that the person has ample time to devote to your case and the team to help you get the work done.
- A network of resources to support your recovery of damages. Qualified lawyers have ample experience, but they also have local experts who understand the industries that you may be dealing with. You also want to be sure the party has ample insight into the injuries that you have.
Take the time to choose a premises liability lawyer in Houston who has the ability to provide you with the highest level of legal services and representation possible. If you are not confident in the attorney representing you, it could lead to financial limitations on your case.
Three Categories of Texas Premises Liability
In Texas, premises liability law recognizes three distinct categories of visitors, each with varying levels of protection under the law. These categories are important in determining the duty of care owed by property owners and the potential for recovery in the event of an injury.
The three categories of visitors in Texas premises liability cases are:
- Invitees: Individuals who access the property with the owner’s knowledge and for the mutual benefit of both parties (e.g., customers in a store)
- Licensees: People who enter the property with the owner’s consent but for their own purposes (e.g., social guests)
- Trespassers: Those who enter the property without permission or legal right
Invitees receive the highest degree of protection, while trespassers receive the least. Property owners must inspect their premises and make them safe for invitees, but they only need to refrain from willful or wanton injury to trespassers. Licensees fall somewhere in between, with property owners required to warn them of known dangers.
An Exception to Premises Liability
While property owners generally bear responsibility for maintaining safe premises, there are exceptions that can impact liability in certain situations. One significant exception in Texas premises liability law is the “open and obvious” doctrine, which can limit a property owner’s liability for certain hazards.
The “open and obvious” doctrine is outlined in the Land Occupier’s Liability Guide. It states that if a dangerous condition is so apparent that a reasonable person would have noticed and avoided it, the property owner may not be liable for resulting injuries.
Factors like the hazard’s nature, the incident’s circumstances, and the injured party’s perception of risk can affect the success of the “open and obvious” defense. A premises liability lawyer in Houston can help you through these difficulties and argue against this exception when appropriate.
The Types of Damages Owed in Your Accident
When you meet with your lawyer, you will need to discuss the value of your case, which is dependent on the types of injuries you have and other factors contributing to the negligence of the property owner.
In every case, your attorney should provide you with accurate information and resources to help you make wise decisions about the compensation claim you file. The following are some of the types of damages that victims may recover in such accidents:
- Medical losses related to your immediate care needs, as well as ongoing medical needs you may have over time
- Pain and suffering from your injuries and the recovery process that can often extend for years
- ·Loss of wages and missed time at work due to your injuries or other factors contributing to the accident
- Loss of earning capacity if you have changes in the type of work you can do due to the injuries you sustained, and the recovery process
- Emotional trauma and mental health complications, especially in the development of post-traumatic stress disorder
- Loss of quality of life when you can no longer engage in hobbies or when your injuries impact relationships
- Property damage from the incident in situations where it applies
As the victim of a hazardous situation, the injuries and losses you have now may worsen over time, requiring ongoing support and the means to maintain your quality of life. By working with our premises liability attorneys in Houston, you gain peace of mind in recovering those losses. Let our team go to work fighting for your rights.
Schedule a Consultation with a Houston Premises Liability Attorney
If you have been injured on someone else’s property in Houston, let us guide you through every step of the claim process. Contact Lowe Law today for a free consultation to discuss your case and learn more about us and your legal options.
Let our award-winning Houston premises liability lawyers put their knowledge and skills to work for you.
