Houston Premises Liability Lawyer

Property owners have an obligation to maintain a safe environment. Anything from a wet floor to unmaintained sidewalks can result in serious injuries to unexpecting individuals. Getting injured on someone else’s private property is an unfortunate situation, but there are often legal remedies available for the victims.

If you’ve been injured on someone else’s property — whether it’s located in public or on private land — Texas premises liability law protects you from having to deal with the resulting injuries, expenses, and other damages on your own.

If someone else’s negligence leads to injuries for you or a loved one, you may be entitled to compensation. Dealing with an insurance company or negligent property owners that refuses to take accountability, however, can lead to significant distress while you’re trying to heal.

While you’re recovering, let a compassionate personal injury attorney fight for your rights and hold the responsible party accountable. You can sign up for a free consultation at the Law Office of Denise Adkison-Brown, so there’s no excuse to not get help with your premises liability claim today.

Taking Premises Liability Claims to Court with a Houston Premises Liability Lawyer

Whenever you’re hurt due to the negligence of a property owner, it’s possible that a premises liability lawsuit won’t be necessary. The owner or their insurance company could offer a fair settlement that covers your medical expenses, lost income from work, necessary therapy, and even any pain and suffering you’re going through.

Unfortunately, this isn’t something property owners or insurers will typically consider doing. In many premises liability cases, you won’t even realize you’re not receiving a fair settlement until it’s too late. Once you accept an offer, that’s it. It’s unlikely you’ll be able to “double-dip.”

This is why it’s so important to research premises liability lawyers before ever speaking with an insurance company. When your legal representation handles insurance adjusters, you’re far more likely to get a fair settlement offer from the start.

If this doesn’t happen, though, courts in the Lone Star State are more than happy to handle additional premises liability claims. Anyone under the protection of Texas law who suffers injuries on someone else’s land could pursue a civil premises liability case for compensation.

The plaintiff may collaborate with a premises liability attorney in Houston to determine the extent of their losses, potential compensation, and the best way to format their claim. If you’re interested in pursuing a settlement for the losses you’ve suffered, though, you must submit a claim to the courts within two years of the day you were injured.

Failure to do so puts claimants outside of the state’s statute of limitations — and the property owner will likely never be held accountable for their negligence.

The statute of limitations falls under Texas Civil Practice & Remedies Code §16.003 — and though this law may intend to stop frivolous lawsuits, it very easily could prevent an injured victim from receiving fair compensation. This is why you should speak with a premises liability legal professional today. Even if you file within the two-year time frame, waiting can make it more difficult for your attorney to gather evidence.

Duty of Care in Property Accident Claims

Premises liability accidents are considered incidents of negligence. Injuries sustained that do not involve negligence are unlikely to result in negative consequences for the property owner. For any claim to be successful, it must be proven that the owner of a property failed in their duty of care. Such neglect can take a variety of different forms, and some of the most common premises liability claims include instances where the following occurred:

• Lack of appropriate security
• Unattended or unsafe conditions
• Unmarked dangerous areas
• Poor lighting

When you pursue compensation in premises liability cases, you must prove that these or other forms of neglect or reckless behavior resulted in your losses. For instance, a lack of appropriate security may not matter if having such security would not have prevented an accident.

This doesn’t necessarily mean you wouldn’t have a Texas premises liability case, but in such cases, having a Houston premises liability attorney on your side would be ideal. They can go over the facts of your case and help you better understand your rights.

Who Can Recover Compensation from Property Owners?

One thing Houston premises liability lawyers will make sure to tell you is that premises liability claims to compensation depend heavily on the specifics of a premises liability case. What might end up being the most important factor to consider, though, is your purpose on the land of the property owner when the injury occurred.

Anyone who experiences such an accident is labeled either an invitee, licensee, or trespasser. If you fall into the last category, you may be entitled to no compensation at all — but this isn’t always the case. That’s why you should speak with an experienced premises liability attorney.

In the mean time, here’s what you need to know about who may be entitled to compensation in a premises liability accident:

Invitees

An invitee is someone whom the owner specifically invited onto their land. This invitation could be social or to a commercial property. Because this category of people is explicitly invited onto the land, the negligent property owner owes them the highest duty of care of all of the categories.

If you were invited onto a property and then injured, speak with a law firm that offers free consultations. It shouldn’t cost you money just to have liability attorneys tell you whether you have a case.

Licensees

Licensees enter onto another person’s property with the express or implied permission permission of the owner. These parties most often include contractors, construction teams, or professionals who intend to perform some manner of work on the premises.

Owners are held to a lower duty of care to licensees than invitees, but under state law, these people can still file a premises liability claim if they’re injured on someone’s land in Houston, TX.

Trespassers

No property owner in the state is required to uphold a duty of care to trespassers. This can make it very difficult to seek compensation if you were on someone else’s property without explicit permission. Of course, there are some exceptions when it comes to these premises liability cases.

For instance, according to Texas Penal Code § 9.41, owners may only use reasonable force to remove a trespasser from their property. An owner may suffer legal consequences if that force exceeds the court’s understanding of reasonable.

Property liability attorneys also frequently see instances where children are on private property without permission. It’s difficult to view young and curious individuals as trespassers, but under Texas law, the label would typically apply.

Still, the attractive nuisance doctrine notes that property owners may be held liable for any injuries or losses faced by children trespassers on their land. According to Texas Civ. Prac. & Rem. Code § 75.003, though, children over the age of sixteen are not protected by the attractive nuisance doctrine in the state.

Even if you think you might not qualify, though, speaking with the premises liability attorneys at Law Office of Denise Adkison-Brown is still the right move. State law is quite complex in this area, so we’re happy to provide a free case evaluation to help you better understand your rights.

Do I Need a Houston Premises Liability Lawyer for a Premises Liability Claim?

If you’re injured on someone else’s property, you don’t need premises liability attorneys to assert your rights. If the negligence of another individual caused you harm, you’re entitled to be compensated for your losses.

Unfortunately, this isn’t as simple as demanding fair compensation and receiving it. This is why speaking with Houston premises liability lawyers will give you a better chance of recovering damages. One need only look at how insurance companies operate to understand this.

When you speak with an insurance adjuster in regard to a premises liability accident, they’ll most likely sound very concerned about your premises liability injuries. In reality, their main goal is to offer you as little as possible to settle and move on with your life.

Since Texas is a modified comparative negligence state, this means they’ll often try to get you to admit to some level of fault. Under modified comparative negligence rules, the maximum compensation a victim receives in court will be reduced by the percentage of their own fault.

For instance, imagine a situation where a jury decides that a $1 million award is appropriate. During their deliberations, however, they also decide the victim was 10% at fault for their own accident. In such a situation, the plaintiff will receive 10% less (i.e., $100,000) and recover $900,000 for their premises liability compensation.

If the accident victim is more than 50% at fault, though, they are barred from receiving compensation at all. This is exactly what an insurance adjuster will be going for — an admission that you caused your own accident.

Don’t let insurance companies take advantage of you, and don’t deal with the headaches of filing premises liability lawsuits on your own. Whether you suffered a minor fracture or a loved one was left with traumatic brain injuries, you need a Houston premises liability lawyer on your side.

This can take the load off your shoulders while increasing your chances of receiving fair remuneration.

Connect with a Houston Premises Liability Lawyer Today

If you were explicitly or implicitly allowed on someone’s land, any injury you suffer due to negligence is the property owner’s responsibility. Even if you weren’t invited, though, you may still be eligible for compensation. Whether you suffered a personal injury from the owner failing to maintain a safe environment or a young loved one’s death resulted from swimming pool accidents, you have legal options under Texas law.

To assert your rights, though, you need to establish why you were on the property and how your injury occurred. A Houston premises liability attorney can help you do this.

Contact the Law Office of Denise Adkison-Brown today by calling (713) 714-6206, or you can schedule an initial consultation with our dedicated legal team right now. You don’t have to deal with these issues on your own — we’re here to help.