In Houston, premises liability incidents occur frequently, often resulting in significant consequences for victims. These events, which can happen in commercial, residential, or public spaces, stem from hazardous conditions caused by negligent maintenance or oversight.
The aftermath typically involves not only physical injuries but also substantial medical expenses, lost wages, and extended periods of pain and suffering for those affected that a Houston premises liability lawyer can help with.
The legalities of premises liability cases demand specialized knowledge and a comprehensive understanding of Texas law. At Lowe Law, PLLC, our dedication to excellence in this field has been recognized by our inclusion in the National Trial Lawyers Top 40 Under 40.
A Houston personal injury lawyer will approach each case strongly committed to your rights.
What Premises Liability Means Legally
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment for visitors and guests.
This area of civil practices and remedies code chapter 75 is based on the principle that property owners should ensure a safe environment for others. In Texas, premises liability cases require proving that the property owner was aware or should have been aware of a hazardous condition and neglected to address it or warn visitors.
The scope of premises liability extends beyond mere slip and fall accidents, including various scenarios where property maintenance or management negligence leads to injury.
These cases can involve inadequate security measures, poor lighting, structural defects, or harmful substances. It is important to understand the legal intricacies of premises liability, which is helpful for property owners seeking to mitigate risk and individuals who have suffered injuries due to unsafe conditions.
Successful premises liability claims in Texas require demonstrating four key elements. These include the defendant owned or controlled the property, the plaintiff was lawfully on the premises, a dangerous condition existed on the property, and this condition caused the plaintiff’s injuries.
A skilled premises liability attorney in Houston must gather evidence, construct a compelling case, and establish the property owner’s lack of care and direct link to the client’s injuries.
Types of Premises Liability Cases
Premises liability covers several scenarios where property conditions lead to injury or harm. These cases can arise in residential, commercial, or public settings, each presenting unique challenges and legal considerations. Premises liability law covers several types of incidents, including but not limited to:
- Slip and fall accidents
- Inadequate maintenance of premises
- Defective conditions on the property
- Elevator accidents
- Swimming pool accidents
- Toxic fumes or chemicals
- Water leaks or flooding
- Dog bites or animal attacks on the property
- Inadequate lighting leading to injury
Each scenario requires a thorough investigation to determine liability and build a strong case. Factors such as the hazard’s nature, the property owner’s knowledge, and the injured party’s status on the property influence premises liability claims.
An attorney at Lowe Law, PLLC can help you through these challenges, gathering evidence and constructing a compelling case that clearly establishes the property owner’s negligence and direct connection to the client’s injuries.
Three Categories of Texas Premises Liability
In Texas, premises liability law recognizes three distinct categories of visitors, each with varying levels of protection under the law. These categories are important in determining the duty of care owed by property owners and the potential for recovery in the event of an injury. The three categories of visitors in Texas premises liability cases are:
- Invitees: Individuals that access the property with the owner’s knowledge and for the mutual benefit of both parties (e.g., customers in a store)
- Licensees: People who enter the property with the owner’s consent but for their purposes (e.g., social guests)
- Trespassers: Those who enter the property without permission or legal right
The level of care owed to each category differs significantly, with invitees receiving the highest degree of protection and trespassers the least. Property owners must inspect their premises and make them safe for invitees, while they only need to refrain from willful or wanton injury to trespassers.
Licensees fall somewhere in between, with property owners required to warn them of known dangers.
An Exception to Premises Liability
While property owners generally bear responsibility for maintaining safe premises, there are exceptions to this rule that can impact liability in certain situations.
One significant exception in Texas premises liability law is the “open and obvious” doctrine, which can limit a property owner’s liability for certain hazards. This legal principle is based on the idea that individuals are responsible for exercising reasonable care for their own safety.
Under the “open and obvious” doctrine and the Land Occupier’s Liability Guide, if a dangerous condition is so apparent that a reasonable person would have noticed and avoided it, the property owner may not be liable for resulting injuries.
For example, if a large, clearly visible hole in the ground causes someone to trip and fall, the property owner might argue that the hazard was open and obvious, and, therefore, they should not be held responsible for the injury.
Another example is if a store places a large, brightly colored “Caution: Wet Floor” sign next to a recently mopped area, and a customer ignores the warning and slips, the owner could argue that the nature of the hazard was easily recognizable.
The application of this doctrine is not absolute and can be challenged in court. Factors like the hazard’s nature, the incident’s circumstances, and the injured party’s perception of risk can affect the success of the “open and obvious” defense.
A premises liability lawyer in Houston can help you through these difficulties and argue against the application of this exception when appropriate.
Schedule a Consultation with a Houston Premises Liability Attorney
If you have been injured on someone else’s property in Houston, let Lowe Laws, PLLC, guide you through every step of the claim process.
Contact Lowe Law, PLLC today for a free consultation to discuss your case and learn more about us and your legal options. Let our award-winning attorneys put their expertise to work for you.
