The Importance of Premises Liability in Houston
Premises liability is a legal concept that holds property owners accountable for injuries that occur on their property due to negligence. In a bustling city like Houston, where millions of people frequent commercial, residential, and public properties daily, understanding premises liability is crucial.
What is Premises Liability?
Premises liability refers to the legal responsibility of property owners to ensure their premises are free of unreasonably dangerous conditions. Common premises liability claims may include slip and falls, falling merchandise striking and injuring customers, and improperly built stairways.
Why Premises Liability Matters in Houston
Houston is the fourth largest city in the country. Every Houston neighborhood contains grocery stores, box stores, malls, and homes, which are subject to the laws governing premises liability.
The Texas Premises Liability Act: What You Need to Know
Texas premises liability law applies a modified standard of negligence. A standard premises liability claim in Houston and Texas requires the injured person to establish that the premises contained an unreasonably dangerous condition that, in the exercise of ordinary care, the premises owner either knew or should have known. Additionally, the premises owner failed to remedy the dangerous condition and provided no warnings about the dangerous condition.
Common Types of Premises Liability Cases in Houston
In Houston, the most frequent premises liability cases involve:
- Slip and Fall Accidents: Often due to wet floors or uneven surfaces.
- Inadequate Maintenance: Such as broken handrails or poor lighting.
- Swimming Pool Accidents: Often involving lack of supervision or faulty gates.
- Elevator and Escalator Accidents: Due to mechanical failures or lack of inspections.
- Stairways: Often involving construction that was not in compliance with building codes
Types of Evidence in a Premises Liability Case
Proving negligence involves gathering substantial evidence, such as photographs of the hazardous condition, witness statements, and medical records. Expert witnesses, like safety inspectors, can also provide valuable insights. Immediate reporting and prompt medical attention are crucial for substantiating your claim.
Compensation You Can Expect
Victims of premises liability can seek various forms of compensation, including:
- Medical Expenses: Covering hospital bills, medication, and ongoing treatment.
- Lost Wages: For the time you had to take off work.
- Pain and Suffering: Emotional and physical distress.
Statute of Limitations
Texas has a two-year statute of limitations for premises liability claims
Pitfalls to Avoid After a Premises Liability Incident
Common mistakes can compromise your case:
- Not Reporting: Always inform the property owner.
- Lack of Documentation: Capture photos and secure witness information.
- Social Media Posts: do not post on social media
Steps to Take After a Premises Liability Incident
If you find yourself in a premises liability situation, take immediate actions like:
- Document the Scene: Take photos and gather witness information.
- Seek Medical Attention: Get immediate treatment for your injuries
- Consult a Lawyer: Obtain legal advice from a lawyer who is knowledgeable about the unique negligence standard governing premises liability
Why Burwell Nebout Trial Lawyers Are Your Best Choice
Our lawyers bring years of experience and expertise in handling premises liability cases in League City and Houston. Our client testimonials and successful case results speak volumes about our commitment to justice.
How to Choose the Right Premises Liability Lawyer in League City
When selecting a lawyer, consider their credentials, experience, and client reviews. Most firms offer an initial consultation to discuss your case, so take advantage of this to gauge their expertise.
Frequently Asked Questions
What should I do if the accident happened at a friend’s or relative’s house?
If you’ve been injured at a friend’s or relative’s property, it’s essential to remember that most homeowners have insurance policies that cover such incidents. Your claim is covered by the insurance policy, not your friend or relative personally. It’s crucial to report the incident and seek medical attention immediately, just as you would in any other premises liability case.
I’m under 18. Can I still file a premises liability claim?
Yes, minors can file a premises liability claim, but it has to be done through a parent or legal guardian. Special rules may apply to cases involving minors, so it’s important to consult a lawyer who has experience with such cases to ensure that your rights are adequately protected.
Is surveillance footage important for my case?
Surveillance footage can be a game-changer in premises liability cases. It can serve as irrefutable evidence that supports your claim. If you’re aware that surveillance cameras captured your incident, make sure to mention this to your lawyer as soon as possible so that the footage can be secured.
Take the First Step Towards Justice
Understanding premises liability is the first step in protecting your rights when property owners fail their duty of care. Don’t let your injuries go uncompensated. If you’re in the greater Houston area, contact Burwell Nebout Trial Lawyers for a free consultation today. With their expertise, you can take the first step towards justice. Contact us at 281-645-5000.