When a person suffers serious injuries because of a defect or dangerous condition on another party’s property, the victim should speak with a competent Houston premises liability lawyer at once, as they may have a valid claim. Premises liability is a broad area of tort law that allows people to obtain damages for injuries caused by a property owner’s failure to warn about or correct a hazardous condition. Many defendants in premises liability claims or their insurance companies will inevitably argue that a victim’s injuries were the result of his or her own negligence. It is extremely important for people who have been injured in accidents on another person’s property to avoid speaking to insurance companies until they have legal representation. Instead, simply contact The Gonzalez Law Group today to learn more about how our legal team can assist you through each step of the process ahead.
Houston Premises Liability Lawyer | Here to Fight for You
If you sustained severe injuries or your loved one was killed in an accident caused by a dangerous condition on another person’s property in Harris County, it is in your best interest to immediately retain legal counsel. Our Houston personal injury attorneys will work tirelessly to help you obtain all of the compensation that you need and deserve. You can have our attorneys provide a complete evaluation of your case when you call (832) 530-4070 to schedule a free, confidential consultation.
Types of Premises Liability Cases
Premises liability can apply to several different kinds of accidents. Some of the most common incidents that premises liability claims stem from include, but are not limited to:
- Slip and Fall Accidents
- Sidewalk Accidents
- Parking Lot Accidents
- Apartment Accidents
- Stairway Accidents
- Grocery Store Accidents
- Negligent Security
- Hotel Accidents
Premises Liability Cases in Texas
A premises liability case is not the same as a traditional negligence case. In a premises liability case, the plaintiff will have to satisfy additional requirements, depending on his or her visitor status.
Essentially, there are three types of visitors in Texas:
Invitees — An invitee is a person who enters the premises with the owner’s express or implied knowledge and for the mutual benefit of both parties. In addition to the employees working at a business, all customers who patronize the business are considered invitees.
Invitees are required to prove that defendants:
- had actual or constructive knowledge of a condition on their premises that posed unreasonable risks of harm;
- failed to exercise reasonable care by failing to warn of the condition and failing to correct the condition; and
- the failure was the proximate cause of the invitee’s injury.
Licensee — A licensee is a person who enters the premises with the owner’s express or implied knowledge but not necessarily for the mutual benefit of both parties. A licensee might include a public servant performing a duty on a person’s property. A licensee is required to prove that:
- the defendant had actual knowledge of a condition on the premises that posed an unreasonable risk of harm; and
- the licensee did not have similar knowledge;
- the defendant failed to exercise reasonable care by both failing to warn of the condition and failing to correct the condition; and
- the defendant’s failure was the proximate cause of the licensee’s injury.
Trespasser — A trespasser is a person who enters the premises without the owner’s express or implied knowledge. A property owner owes no duty to a trespasser other than the duty not to injure him or her willfully, wantonly, or through gross negligence. An example of when a property owner may be liable for injuries due to willful, wanton, or gross negligence would be if a property owner set a tripwire or bear trap for an intruder.
Filing Your Claim On Time
You should understand that in Texas, there is a statute of limitations in place that dictates the amount of time injured parties have to take legal action against the liable party. Typically, the statute of limitations for premises liability claims in Texas is two years, which means that the injured person must sue the liable party within two years of the date their accident happened.
However, you should note that in some cases, such as when a person is injured on property owned by a municipality or the government, they will have far less time to file a Notice of Claim. In fact, in Texas, those injured on property owned by a municipality will only have 180 days from the date of their accident to file a Notice of Claim. This is why it is always best to simply speak with a competent Houston premises liability lawyer as soon as you can after sustaining an injury. Our firm is prepared to assist you today. All you need to do is pick up the phone and give us a call.
Contact Us Today!
Were you seriously injured or was your loved one killed as the result of a dangerous condition on another person’s property in Southeast Texas? You will want to contact The Gonzalez Law Group as soon as possible. Our Houston personal injury attorneys help individuals in communities throughout Harris County, Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown, and many others. Call (832) 530-4070 or contact us online to have our lawyers review your case and help you understand all of your legal options during a free initial consultation.