El Paso Premises Liability Attorney

When you visit a business, apartment complex, grocery store, hotel, or even a neighbor’s home, you expect the property to be reasonably safe. We shouldn’t have to worry about falling on broken stairs, slipping on wet floors, or being harmed by dangers the owner ignored.

Unfortunately, accidents happen every day on unsafe properties. When those accidents cause serious injuries, the financial and personal consequences can last a long time.

Working with one of our experienced El Paso premises liability lawyers at Barrera Law Group LLC can help you better understand your rights, hold property owners accountable for negligence, and fight for fair compensation for the harm you’ve suffered.

Texas Premises Liability Law

Premises liability is the area of law that holds property owners and renters responsible for injuries caused by unsafe conditions. In Texas, these owners have a legal obligation (duty) to keep their premises in reasonably safe condition, to fix any known hazards, or to warn visitors about them.

This duty applies to many locations, including retail stores, parking lots, restaurants, offices, apartment complexes, hotels, entertainment venues, and private homes.

Not every accident leads to a valid claim. The law considers why you were on the property, whether the owner knew (or should have known) about the hazard, and whether they took reasonable steps to prevent injuries from it. This can become complicated quickly, especially when insurance companies get involved.

That’s why many injured people rely on a Texas premises liability attorney to sort through the facts and build a strong case.

For example, in a recent incident at a shopping center in El Paso, a customer slipped on a patch of wet floor near a store entrance during a rainstorm. The customer suffered significant injuries and required medical treatment. Witnesses stated that no warning signs were posted, and the area lacked mats or barriers to prevent falls.

Of course, every situation is different, but these accidents show how preventable hazards can cause serious harm when businesses fail to prioritize safety.

When people are injured because a property owner didn’t correct or warn about a dangerous condition, they shouldn’t have to carry the financial burden alone. A personal injury law firm helps victims pursue compensation and accountability.

Common Types of Premises Liability Cases

Premises liability law covers many different types of accidents.

• Slip and fall injuries are, by far, the most common, often caused by spilled liquids, leaking coolers, freshly mopped floors, uneven walking surfaces, loose rugs, or poorly maintained sidewalks.
• Trip and fall cases may involve cluttered aisles, exposed cords, cracked pavement, or broken steps.
• Other examples include falling merchandise, broken railings, poor lighting, defective elevators, swimming pool accidents, inadequate security, and dog attacks.
• In some cases, crime victims may pursue negligent security claims. If an apartment complex or business knew about prior criminal activity but failed to install proper lighting, cameras, or security measures, they may be responsible when tenants or visitors get hurt.

A knowledgeable El Paso premises liability lawyer reviews the facts to determine whether the owner failed to take reasonable precautions.

Injuries Commonly Seen in Premises Accidents

Premises accidents can lead to far more than just bumps and bruises. Victims often suffer broken bones, torn ligaments, spinal injuries, traumatic brain injuries, dislocations, nerve damage, and severe sprains.

Head injuries are especially concerning because they may not appear serious at first but later develop into chronic headaches, dizziness, memory issues, or mood changes. Older adults face an even higher risk of long-term complications after a fall.

Medical treatment for premises injuries often involves emergency care, imaging tests, surgery, physical therapy, medication, and rehabilitation. Many people miss time from work or can’t return to the same job.

Chronic pain, scarring, or disability may remain long after the initial accident. A Texas premises injury attorney helps document these losses and ensures they’re included in any settlement demand.

Proving a Premises Liability Claim

To win in a premises liability claim, your lawyer typically must prove four things.

1. That, as a visitor, the owner owed you a legal duty of care.
2. The owner breached that duty by failing to maintain the property or warn about hazards.
3. That the hazard caused your injury.
4. Finally, that you suffered verifiable damages such as medical expenses, lost income, or pain and suffering.

Evidence, of course, plays a major role in these cases. Photos of the scene, surveillance footage, accident reports, maintenance logs, employee statements, and witness testimony can all support your case. However, hazards are often cleaned up soon after an accident, and surveillance recordings may be erased quickly.

Contacting an El Paso premises liability lawyer as soon as possible helps preserve important evidence before it disappears.

Visitors, Status, and Legal Duties

Texas law classifies visitors into three main categories: invitees, licensees, and trespassers.

Invitees include customers, tenants, and others invited for business purposes. Owners owe invitees the highest duty of care. They must inspect the property for hazards and fix them or provide adequate warnings. Licensees include social guests, friends, and people entering for non-business reasons.

Owners must warn licensees of known dangers that aren’t obvious. Trespassers generally receive less legal protection, although property owners still can’t intentionally harm them and must take steps to protect children from attractive hazards such as swimming pools.

Because these distinctions affect your case significantly, discussing your situation with a Texas premises liability attorney can clarify which rules apply.

The Role of Insurance Companies

Most premises liability claims will also involve insurance companies, like homeowner’s insurance or commercial general liability policies. While insurers may seem helpful at first, never forget that their first goal is to limit payouts.

Adjusters sometimes argue that the hazard was obvious, that you should have been more careful, or that your injuries aren’t as severe as you claim. They also might pressure you into a quick settlement before you know the full extent of your medical needs.

A skilled personal injury law firm handles communication with the insurer, so you don’t feel pressured or taken advantage of. Your lawyer gathers medical records, accident documentation, and financial evidence to support your claim. They negotiate from a position of strength and won’t hesitate to pursue litigation if that’s what it takes to achieve a fair result.

Comparative Fault and Premises Liability

Texas follows a modified comparative fault system. This means that your compensation can be reduced if you share some of the responsibility for the accident. For example, if a jury decides you were 20% at fault because you were distracted, your award may be reduced by 20%.

If you’re found more than 50% responsible, you may recover nothing.

Insurance companies often use this rule to shift blame back onto injured people. An experienced El Paso premises liability lawyer pushes back against unfair claims and works to limit any fault assigned to you.

Possible Compensation in Premises Liability Claims

If you’re injured due to a dangerous property condition, you may be entitled to compensation for medical expenses, future medical care, lost wages, reduced earning capabilities, pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life.

If the accident leads to a wrongful death, surviving family members may recover funeral costs, loss of financial support, and other damages.

Your attorney evaluates your claim carefully, considering both short-term and long-term impacts.

A fair settlement should reflect the full cost of your injuries, not just your initial emergency room visit.

What To Do After a Premises Accident

If you’re injured on someone else’s property, take steps to protect your health and your legal claim.

• Seek medical attention right away, even if your injuries seem minor at first.
• Report the incident to the property manager or owner and request that they create an incident report.
• If possible, take photos of the scene, your injuries, and the hazard that caused your fall or accident.
• Gather the names of witnesses and keep all medical records and receipts.
• Avoid discussing fault with the owner or insurer, and don’t provide recorded statements without speaking to an attorney.

A Texas premises liability attorney can guide you through the legal process and avoid mistakes that could harm your case.

How A Lawyer Helps You Through the Process

When you hire a premises liability lawyer, you partner with an advocate who understands Texas law, insurance practices, and the realities of serious injuries. Your attorney investigates the accident, identifies responsible parties, calculates damages, negotiates on your behalf, and prepares for trial if a fair settlement can’t be reached.

They’ll also provide you with guidance and reassurance during a stressful time. You don’t have to navigate legal terminology, paperwork, or negotiations alone.

An experienced attorney can help you make informed choices that best protect your future.

Frequently Asked Questions About Premises Liability in El Paso

Do I need a lawyer for a premises liability case?

No, you’re not required to have a lawyer, but these cases can be complex. Property owners and insurers often dispute responsibility. A lawyer helps gather evidence, negotiate with the insurance company, and pursue fair compensation.

How long do I have to file a claim in Texas?

Texas law has a statute of limitations that gives you a limited amount of time to file a lawsuit. If you miss that deadline, you could lose your right to recover any damages. This is why speaking with an attorney early helps protect your rights.

What should I do after a slip and fall accident?

Seek medical attention, report the incident, and document the scene with photos if possible. Keep copies of your medical records and expenses. Avoid giving detailed statements to insurers until you talk with a lawyer.

Can I still recover compensation if I was partly at fault?

Yes, under Texas comparative fault rules, you may still recover compensation if you’re less than 51 percent responsible. However, your award may be reduced based on your share of fault. A lawyer helps challenge unfair blame.

Are landlords responsible for tenant injuries?

Landlords may be responsible if they knew or should have known about a dangerous condition and failed to fix it. This often includes broken stairs, poor lighting, defective locks, or other hazards in common areas.

What if the accident happened at a friend’s house?

You can still make a claim. In most cases, compensation comes from homeowner’s insurance, not your friend personally. You shouldn’t feel guilty about seeking help for medical bills and lost income.

How do lawyers get paid in these cases?

Like most personal injury law firms, we work on a contingency fee basis. This means you don’t pay upfront legal fees. Your lawyer only gets paid if they recover compensation for you.

What if the property owner denies responsibility?

Denials are common. A skilled El Paso premises liability lawyer investigates the incident, gathers evidence, and builds a case to prove negligence. If negotiation fails, your attorney may take the case to court.

Barrera Law Group LLC Can Help

Suffering injuries in a premises liability accident can leave you facing extensive medical bills, lost income, pain, and frustration, all because a property owner didn’t take safety seriously. You shouldn’t have to deal with these challenges alone or wonder whether the insurance company is treating you fairly.

At Barrera Law Group LLC, our experienced El Paso premises liability lawyers help you understand your rights, investigate the cause of your injuries, identify all responsible parties, and pursue financial compensation that covers the true impact of your accident.

By seeking legal guidance early and focusing on your recovery, you can move forward with confidence, knowing you have an advocate on your side who understands the law and cares about your future.

Contact us today for a free consultation.