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Houston Premises Liability Attorney

Houston Premises Liability Lawyer

When you go shopping, dine out at a restaurant, or stop by a friend’s house, you expect that you’ll be safe. But when dangerous property conditions cause a preventable accident or injury, you may need the support of a Houston premises liability lawyer.

At Barrera Law Group LLC, we hold negligent homeowners, property managers, and landlords accountable for the harm they’ve allowed to occur.

Every attorney-client relationship at our Houston law office begins with a free initial consultation. This information is more than just no-cost—it’s also a no-obligation opportunity to learn about your legal options from an attorney who cares.

To schedule your first case consultation, call our law office or fill out our convenient online form.

What Is Premises Liability?

Premises liability is an area of personal injury law that focuses on injuries and accidents that occur due to the presence of dangerous property conditions. Under Texas state law, you have a path to potentially recover compensation for your damages caused by the presence of unsafe conditions on another person’s premises or property.

Types of Property Accidents We Handle in Texas

At Barrera Law Group LLC, we have the experience and resources needed to handle some of the most common types of premises liability accidents that occur in Texas. These include:

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.

Causes of Dangerous Property Conditions in Houston, TX

Identifying the dangerous property condition that caused or contributed to your accident is a necessary component of building the strongest possible premises liability case. Our legal team will conduct an in-depth and thorough investigation to uncover all evidence that proves the presence of:

  • Spills
  • Sagging or uneven stairs
  • Broken or missing handrails
  • Loose carpeting
  • Potholes
  • Cracks in the pavement
  • Malfunctioning rides
  • Fire safety violations
  • Cluttered flooring or walkways
  • Broken equipment
  • Lack of security guards
  • Malfunctioning cameras
  • Sources of electricity near pools

Evidence of dangerous conditions can disappear quickly. Property owners who are eager to reduce their own liability may quickly fix the problem or delete security footage of the incident.

If you were hurt because of unsafe circumstances, you deserve to be fully and fairly compensated for all the harm you’ve suffered. Contact a team of Houston premises liability lawyers to help preserve invaluable evidence in your case.

The Most Common Premises Liability Injuries

Injuries resulting from premises liability accidents tend to be severe for a number of reasons. This is partly because of the high number of accidents that involve slips, trips, and falls. During a fall, there is little to no time to take protective measures, such as covering your head with your arms.

Let’s take a look at some of the most common injuries that happen on other people’s properties:

  • Traumatic brain injuries (TBIs)
  • Neck and head injuries
  • Back injuries
  • Spinal cord injuries (SCIs)
  • Broken bones (especially broken limbs)
  • Cuts and lacerations
  • Bruises

Lasting psychological trauma is also a reality for many people who have endured serious, preventable accidents.

If you’ve been injured physically or mentally, don’t wait to seek appropriate medical care. Don’t let the cost associated with treatment prevent you from accessing the care you need. Your health and well-being are more important than any bill, and these costs are also typically compensable in a premises liability claim.

Speak With a Houston Premises Liability Lawyer

Who Can You Sue for Injuries That Happened on Someone Else’s Premises?

Yes, if a homeowner, tenant, landlord, property manager, maintenance provider, or individual in charge of a property contributed to your injury, you can file a premises liability lawsuit.

Identifying the parties responsible for your accident and resulting injuries is not easy, though. Depending on the property type, there can potentially be multiple layers of liability to sort through. For example, a situation in which one individual owns a property, but another person leases and maintains it can create added complexity in terms of legal liability.

We don’t want you to miss out on any compensation that can help with your recovery. That’s why the legal team at Barrera Law Group LLC will dedicate every ounce of time, effort, and resources to correctly uncovering all negligent parties in your case.

What To Do If You Have Been Injured on Someone Else’s Property

When injured on someone else’s property, you will want to take the following steps to protect your health and legal rights.

  1. Make sure that you seek immediate medical attention: By getting medical care, you can make sure that your injuries are treated. Additionally, it can strengthen your potential claim or lawsuit. Keep in mind that any delayed medical care may raise questions from the insurance company about the severity of your injuries.
  2. Notify the property owner of what happened: Sometimes, the property owner may not know that an incident took place. For that reason, you will want to alert them of the incident, especially if it happens at a restaurant, store, or hotel. Reporting the incident helps establish the timeline and details of the injury, which you will need for any future legal proceedings.
  3. Gather evidence to support your claim: If you can, take photographic or video evidence of the hazardous condition that caused your injury, such as an icy area in a mall parking lot. Any documentation will go a long way to supporting your claim. Even witness statements and information are vital. Make sure to collect their names and contact details. There may be a time when you will need their statements about what happened during the incident.
  4. Learn about your legal options: Sometimes, the insurance company may try to settle your claim for a low amount. When you work with a Houston premises liability lawyer, you can ensure your rights are protected throughout the process.

As for the latter point, remember that you do not have unlimited time to take legal action. According to Texas law, you have two years to initiate a legal claim. Acting quickly can improve your chances of receiving fair compensation.

How To Prove Your Premises Liability Claim

Proving your premises liability claim involves demonstrating that the four key elements of negligence were present in your case. These are:

  1. Duty of care
  2. Breach of duty
  3. Injury
  4. Actual damages

Unlike criminal cases, claims filed in civil court only require that you have a preponderance of evidence. This means that it is only necessary to prove that it is more likely than not that something happened.

This is not to say that evidence isn’t important. Your case still needs sufficient and convincing evidence that helps support the truth to the insurance company and, in the event of a trial, a judge and jury. Types of evidence we frequently gather in these types of accident cases include:

  • Security footage
  • Pictures and videos of the accident scene
  • Eyewitness statements
  • Expert witness testimony
  • Accident recreations (and other digital presentations)
  • Medical records
  • Doctor statements
  • Pictures and documentation of injuries
  • Proof of prior accidents on the same property

Identifying, collecting, and preserving evidence while you’re simultaneously facing an active road to recovery isn’t easy. You should be able to fully focus on your health and getting better. At our Houston law office, a premises liability attorney can step in and take the burden of proving your case off of your shoulders.

You can learn more about what we do and how we can help by scheduling a completely free, no-obligation case evaluation.

Visitor Status and How It Impacts Your Claim

Visitors to a property fall into three distinct categories:

  1. Invitee – An invitee is someone who is lawfully present on a property for the purpose of a business transaction. Examples of an invitee include someone shopping at a grocery store or a plumber working on a client’s home.
  2. Licensee – This is an individual who has been given permission to either visit or use the property for a specific use outside of business or commerce. Someone visiting a friend’s home for dinner or using a store’s restroom (without making a purchase) are both examples of a licensee.
  3. Trespasser – This is an individual who does not have permission to be present on the property.

Property owners owe the greatest duty of care to invitees and licensees. “Duty of care” is a legal concept that requires owners, managers, landlords, and others to protect visitors from unnecessary harm.

On the other hand, property owners do not owe a duty of care to trespassers in the same way that they do to invitees and licensees. The presence of a preventable danger or insufficient maintenance may cause harm to a trespasser, but because they were not legally on the property, the owner is unlikely to face any type of responsibility for their actions. There is an exception to this, though, which is that property owners cannot intentionally inflict harm on trespassers.

Your status as a visitor is very important for the validity of your legal claim. If a property owner can successfully argue that you were a trespasser, then they can avoid taking responsibility—even if you were lawfully present on the premises.

Don’t leave your right to compensation in the hands of the party who caused your injuries. Speak with our team of premises liability attorneys today during an initial consultation to get guidance on protecting your rights.

The Attractive Nuisance Doctrine

When is a trespasser, not a trespasser? The attractive nuisance doctrine is a critical piece of Texas law that carves out an exception for premises liability accidents involving small children.

The attractive nuisance doctrine assumes that a young child isn’t yet capable of distinguishing between what is safe and what isn’t, and it is up to adults to ensure that dangerous items that might be “attractive” to kids are made inaccessible.

Property owners can be held liable for accidents involving children and attractive nuisances, such as:

  • Swimming pools
  • Hot tubs
  • Fountains
  • Wells
  • Backyard play structures
  • Treehouses
  • Trampolines
  • Ladders
  • Farm equipment
  • Abandoned vehicles
  • Holes

Age and maturity are the most important deciding factors in an attractive nuisance case. If the property owner or their insurance company is trying to claim that your child was old enough to know better, we encourage you to contact Barrera Law Group LLC as soon as possible to learn more about protecting your child’s rights.

The Role a Houston Premises Liability Attorney in Your Claim

You were hurt, but the accident wasn’t your fault. Now, you’re facing mountains of medical debt and a long path to recovery. Maybe you’re out of work or can only work in a greatly reduced capacity.

You need help, and you need it now.

A Houston premises liability attorney will strengthen your case by:

  • Evaluating your situation and advising you of your legal options in a no-cost, risk-free informational meeting.
  • Investigating your claim to uncover evidence and name liable people and entities.
  • Correctly calculating the full worth of your claim, including compensation for both economic and noneconomic damages.
  • Handling communication with the insurance company and all requests for documentation on your behalf.
  • Fighting for maximum compensation that fully addresses all of your damages.
  • Striving for an out-of-court settlement whenever possible, but being willing to elevate matters to court if negotiations break down.

Our law firm brings professionalism, expertise, and reliability to your case. We will be by your side every step of the way throughout the entire legal process. Filing a legal claim can be an isolating experience, but in all that we do, we strive to show our clients that they are not alone. If you’re seeking this type of attentive and aggressive legal representation, contact our law firm to schedule a free case evaluation now.

Compensation for Property-Related Incident Injuries

The purpose of filing a premises liability claim is typically two-fold:

  1. To seek justice against at-fault parties, and
  2. To recover compensation so that you are “made whole” again.

The amount of compensation you need to be made whole again will depend on the unique circumstances of your specific case. However, you can generally expect to receive compensation for two different types of damages: economic and noneconomic damages.

If something has caused you a direct or indirect financial loss, it falls under the category of economic damages. These can include losses like:

  • Missed paychecks
  • Medical bills
  • Property damage (such as a broken phone)
  • Transportation costs to appointments
  • Loss of benefits

Not every impact is financial, though. You can also recover compensation for noneconomic damages like:

  • Loss of enjoyment in life
  • Mental anguish
  • Pain and suffering
  • Disfigurement

You’ve been through an accident that should have never happened, and you deserve to be compensated for it.

Experienced Help for Injuries on Other People’s Properties

When you’ve been hurt, you need the backing of an experienced team of attorneys who care. Barrera Law Group LLC is built on more than 25 years of experience. We are accomplished litigators with a history of securing substantial settlements on behalf of our clients.

Each Houston premises liability lawyer in our office is ready to put our expertise to work for you. You can contact us by phone or through our convenient online form to schedule your no-cost, no-obligation case evaluation.

Free Consultations

Call us or fill out the form below to tell us about your potential case, and a personal injury lawyer will get back to you as quickly as possible.