Houston Premises Liability Attorney
Video surveillance cameras are everywhere. That can be a good or bad thing depending on what is being filmed. In the case of a slip and fall accident, that surveillance can prove your case. It can also catch fraudsters looking for a quick score with a phony injury claim.
These types of fraudulent claims can have a ripple effect of forcing businesses to raise rent and other costs to compensate for all the legal challenges. The other problem is that these types of cases make it more of a challenge if you have a legitimate premises liability case.
Fortunately, you can find a supportive Houston premises liability lawyer. We know how these types of accidents can lead to debilitating and disruptive injuries. We will only support a case where there is clear negligence and the need for our client to receive a justifiable remedy.
Barrera Law Group LLC wants to hear from you if you’ve been injured at someone else’s property.
Establishing Legal Standing with Help from a Houston Premises Liability Lawyer
There are many issues that your premises liability lawyer in Houston needs to unpack with a claim. One of the first is the legal standing. In other words, do you have a right to bring the complaint? A person who is injured on another person’s property is considered to be one of the following categories of visitors:
Invitee
As an invitee, you are lawfully allowed to be on a property for the purposes of a business transaction. That transaction can go both ways. For instance, a customer in a grocery store or a guest at a restaurant is an invitee. What is the classification for the plumber or electrician who comes into a home to make a repair? These individuals would also be invitees.
It is important to note that the transaction does not have to be complete. In other words, if you go into a store with the intent of shopping and get hurt without buying something, you would still be considered an invitee.
Licensee
A licensee is someone who comes onto a property without any intention of conducting business. This primarily applies to guests who are invited to a person’s home. It would also apply if you went into a business just to use the restroom, and you slipped on the floor. On the other hand, if you go into a bar to use a restroom but order a drink on the way out, you switch from licensee to invitee.
Trespasser
A trespasser is someone who does not have permission to be on the property. For instance, someone who breaks into your home but falls on the floor can’t sue you for damages. The only exception would be if you set a trap to cause intentional harm.
Property Owner Duty of Care
Property owners and their surrogates owe the most significant duty of care to invitees and licensees. That means we have to take reasonable care to provide a safe environment to minimize the risk of causing harm to a visitor. Obviously, the property owners can’t foresee every potential harm. For instance, in a storm, they can’t protect customers in the parking lot from getting struck by lightning, but they can ensure the floors in the store are dry from the rain.
One notable exception to the duty of care applies to the attractive nuisance doctrine. This applies to a trespasser who is not really a trespasser. The doctrine applies to a young child who doesn’t have the maturity to distinguish what is safe or not safe on a property. This means that an owner needs to take precautions when it comes to preventing accidents on the property. Some of these attractive nuisances include:
- Swimming pools
- Hot tubs
- Fountains
- Wells
- Backyard play structures
- Treehouses
- Trampolines
- Ladders
- Farm equipment
- Abandoned vehicles
- Holes
How does a property owner prevent accidents? One acceptable measure would be to have their property enclosed by a secure gate that a child can’t access. Without a gate around the yard, there should be a fence around a pool or a lock on a hot tub. The other items on the list should be removed or repaired to prevent injury. Even if you don’t have children living on your block, you could still be held liable if any child from any home wanders onto your property and hurts themselves.
Establishing Liability
If you get into a car accident with a motorist who drives through a red light, it is clear who would be liable for the accident. Establishing who can be held responsible with a premises liability claim can become a bit more challenging. The following are the possible people or entities that could be named in your accident complaint:
The Property Owner
The property owner would be at the top of the list of potentially liable parties. Ultimately, it is their responsibility for the upkeep of their property, even if they rent it out to a tenant. There are many commercial properties where the owner is not “hands-on” when it comes to the day-to-day operations, but that doesn’t absolve them of responsibility. The property owner could be a single person, a group of investors, or a company.
The Tenant
A tenant can be responsible for a residential or commercial property. If you are injured on a leased property, the tenant needs to defend the negligent actions that contributed to the accident. That will require your Houston premises liability lawyer to thoroughly investigate the lease to see if the property owner is indemnified against damages.
The Maintenance Provider
Often, property owners contract with third-party vendors for maintenance tasks. If you were injured because you slipped on a wax floor that didn’t have a warning sign, the maintenance company could be held responsible.
The Management Company
An owner who invests in a property will often delegate the responsibility of maintaining the premises to a management company. If they do not fulfill their obligations to make repairs or provide security upgrades, they could be liable.
The Homeowner
If your injury happened at someone’s home, their homeowner’s insurance will be directly responsible for rewarding your compensation. That includes if you fall and injure yourself or are bitten by the owner’s dog.
Common Causes of a Premises Liability Claim
Once your Houston premises liability attorney has established your standing, they will look at the possible causes of the accident and what role negligence played in creating the circumstances for the accident to happen. The following are some of the common causes of a potential premises injury:
Inadequate Maintenance
Every commercial business allowing invitees onto the premises must adhere to various zoning and health and safety regulations. These regulations are supposed to be monitored by inspectors from the applicable agencies. Unfortunately, sometimes there can be a lot of time between inspections, but that is no excuse for the property owner to cut corners regarding building maintenance. In other words, they shouldn’t have to be told to fix or clean something. They should be doing that automatically.
Some of that maintenance includes making repairs to floors, ceilings, roofs, parking lots, and stairs. When a dangerous condition crops up, it needs to be addressed immediately. The longer a property owner delays the repair, the easier it is to assign blame.
Negligent Security
Security is an issue for every property, but not every property needs around-the-clock security guards. However, some measure of security should protect staff, visitors, and tenants. For example, an apartment building doesn’t automatically need a door person to screen visitors, but it should have secure locks on all the entry points and protective measures that allow tenants to grant access to the building.
Negligent security also comes into play in bars, nightclubs, and venues when the owner or event host knows there is a potential for harm, especially when alcohol is in the mix.
Malfunctioning Equipment
Along with keeping floors, walkways, and other surfaces safe, property owners also need to ensure that any equipment on the premises used by lawful visitors is kept in good working condition. That includes escalators, elevators, automatic doors, and any other type of equipment.
Faulty Railings
Handrails are a standard safety measure that should be part of any set of stairs used by the public. A railing should be fixed or replaced immediately if it is wobbly, broken, or missing. A property owner who doesn’t fix a railing could be sued for damages in an injury.
Falling Objects
A safe construction site on a high-rise building surrounds the building with a safety net designed to collect any falling debris. Falling objects can also happen in a grocery store if a display of soda cases tumbles over.
Complications to Overcome in a Premises Liability Accident
An injury caused by a property owner’s negligence might seem easy to resolve. If you slip on a wet floor at a store and hurt yourself, it seems like the store owner should be held liable. However, there are many potential complications that need to be overcome in a premises liability complaint. Consider the following:
The Property Owner Denies Any Wrongdoing
Just because you hurt yourself on someone’s property doesn’t mean the property owner will automatically accept the blame. Doing that will mean paying you compensation through their insurance, which could mean increasing rates for the owner. A denial from the property owner will require a thorough investigation.
The Injury Causing Hazard Was Not Obvious
It could be argued that the alleged hazard that caused your injury was not that obvious. For instance, a person who already has mobility issues might fall and injure themselves through no fault of the owner. It could be that they simply took a misstep.
The Property Owner Lies or Destroys Evidence
In addition to denying they did anything wrong, the property owner could lie about the conditions you claim were present. They could also destroy evidence, such as surveillance camera footage, that would prove your case.
Insurance Denial
Even if the property owner cooperates, their insurance company could deny the claim.
Any of these complications can put up a roadblock to a fair resolution. Fortunately, the Barrera Law Group LLC team has already addressed complications in previous premises liability cases. We understand what it takes to provide the right documentation and evidence to an insurance company or jury to resolve your issue.
Steps to Take After Your Accident
Falling down or getting struck by debris is a shock to the system. You might initially be embarrassed and not want to make a fuss. However, it is vital to alert management and be sure an official report of the incident is filed. Even if you’re able to walk away from the accident, you could develop serious issues later on. Without that report, it will be challenging to prove you were hurt as you said you were.
Here are some other steps you want to take after your accident:
Seek Medical Attention
Even if you don’t feel any pain immediately after the accident, you should seek medical attention. Those records will be a vital part of your accident claim documentation.
Don’t Talk to the Property Owner
You should not communicate with the property owner. Anything you tell them might be used against you to deny your claim. For instance, you might inadvertently say you’ve injured your back on the job years prior. That could mean your injury was preexisting.
Don’t Talk to Others or on Social Media
Just as you want to avoid speaking with the property owner, you should also avoid telling others about the specifics of your accident outside of your doctors or immediate family. That includes posting about the accident online. Even if you want to share your recovery with your social media friends, it could be used to demonstrate that your injuries aren’t as bad as your claim.
Contact a Houston Premises Liability Lawyer
You can also share the details with your Houston premises liability lawyer at Barrera Law Group LLC. If we take on your case, we will become your advocate and will take over the communications with the insurance company and the property owner. Don’t underestimate the complexity of your case. Let us help you find the compensation you’re entitled to.
Types of Property Accidents We Handle in Texas
At Barrera Law Group LLC, we have the experience and resources to handle some of Texas’s most common types of premises liability accidents. These include:
- Slips, trips, and falls
- Elevator and escalator accidents
- Parking lot accidents
- Negligent security
- Amusement park accidents
- Swimming pool accidents
- Falling object accidents
- Dog bites and animal attacks
- Construction site accidents
We have the resources needed to handle a wide range of accident and injury claims. If you’ve been hurt because of another person’s negligent or reckless actions, we’re here to help.
Why You Need to Hire Barrera Law Group LLC
If you’ve been injured on someone else’s property, it is essential to consider all your options. Was there negligence? Do you have standing? Who is at fault?
Those are the questions the attorneys at the Barrera Law Group LLC can answer. We’ll begin with a free case evaluation to hear from you what happened and how it impacted your life. If we decide to help with your case, our team will get to work taking on the following tasks:
- Gather any accident reports
- Review your medical and financial records
- Collect evidence like surveillance tapes
- Interview witnesses
- Identify all liable parties
- Calculate your damages
- Help file an insurance claim
- Negotiate with insurance companies
- Filing a lawsuit and represent you in court (if needed)
Our goal is always to find a fast and fair resolution for your premises liability injury. Call to schedule your free case evaluation with our Houston premises liability lawyer.