Under Texas law, property owners have a legal duty to maintain a reasonably safe environment and can be held liable for injuries caused by known or foreseeable hazards.
Houston Premises Liability Claim Lawyer
Injuries on someone else’s property are far too common in Houston. Every day, innocent people are hurt in slip-and-fall accidents in Galleria-area stores or suffer injuries due to inadequate security at apartment complexes. These incidents often leave victims with a trail of medical bills, lost wages, and pain. If you or a loved one has recently been injured on another person’s property, you may be entitled to compensation for your losses under Texas law. Contact a Houston premises liability lawyer at The Nguyen Injury Law Firm to discuss your case and your legal options during a free consultation.
Key Takeaways
Why Choose The Nguyen Injury Law Firm for Your Premises Liability Claim
Our roots run deep in the Houston community. We understand the unique challenges of pursuing premises liability claims in Harris County courts and are intimately familiar with properties across the city, from the Galleria to Buffalo Bayou Park. This local insight into legal procedures and cultural factors provides your claim with a distinct advantage. Our reputation is built on a history of successful outcomes, and we fight relentlessly for the maximum compensation our clients need. We have secured significant settlements and verdicts for clients injured everywhere from shopping centers along FM 1960 to downtown high-rises. We believe you deserve direct communication and straightforward answers. With our firm, you are not a case number; you are our neighbor, and we are committed to helping you navigate this challenging time.
Understanding a Property Owner’s Duty of Care in Texas
Under Texas law, property owners and managers have a legal duty to maintain reasonably safe environments for lawful visitors. This requires them to repair known hazards or provide adequate warnings about existing dangers. To succeed in a claim, your attorney must demonstrate that the owner failed to uphold this standard of care. We conduct thorough investigations, seeking maintenance records, security footage, and internal reports to prove the owner knew or should have known about the unsafe condition.
Common breaches of this duty in Houston include:
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Deferred Maintenance: Ignoring or delaying repairs of hazards like broken handrails in apartment complexes, uneven flooring in Medical Center facilities, or cracked walkways at shopping centers.
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Poor Housekeeping: Failing to clean up spills in grocery stores, allowing aisles to become cluttered, or ignoring torn carpets in office buildings.
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Inadequate Security: Failing to provide working locks, sufficient lighting, or necessary security measures in areas with foreseeable crime.
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Building Code Violations: Failing to comply with Houston city or Harris County safety regulations, such as improper stair height, non-functional fire alarms, or inadequate railings.
Common Types of Premises Liability Cases in Houston
Premises liability law covers injuries from numerous property hazards. Our firm handles a wide array of cases, including:
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Slip-and-Fall Accidents: These are the most frequent cases, commonly occurring in grocery stores, apartment complexes, and restaurants. A Houston slip-and-fall attorney can help if your fall resulted from negligence, such as failure to address water accumulation during heavy rain or to maintain surfaces in poorly lit areas.
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Negligent Security Incidents: Property owners must take reasonable measures to protect visitors from foreseeable criminal acts. If you were assaulted due to inadequate security, such as broken gates at an apartment complex or insufficient lighting in a parking garage, you may have a strong case.
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Other Dangerous Property Conditions: We handle cases involving falling merchandise from high shelves in warehouse stores, elevator and escalator malfunctions in high-rise buildings, swimming pool accidents from non-compliant fencing or broken drains, and injuries from a property owner’s failure to address Houston’s unique flooding challenges.
Compensation Available in Houston Premises Liability Claims
An unexpected injury can lead to significant financial strain. A premises liability claim allows you to seek damages to cover these losses. We work diligently to secure comprehensive recovery that addresses the full impact of your injury, including:
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Medical Expenses: Coverage for all related treatment, including emergency services, hospital stays, surgery, medication, and rehabilitation at facilities like Houston Methodist or Memorial Hermann.
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Lost Wages: Reimbursement for income you couldn’t earn while recovering from your injuries.
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Future Earning Capacity: Compensation if your injury results in a disability that reduces your ability to work in the future.
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Pain and Suffering: Financial compensation for physical pain, emotional distress, and reduced quality of life caused by the incident.
Under Texas law, there is no arbitrary cap on compensatory damages in most premises liability cases, allowing us to pursue the full value of your claim.
Common Injuries in Houston Premises Liability Cases
Premises liability accidents can cause a wide range of injuries, from minor issues to life-altering conditions. We have experience representing clients with all types of injuries, including:
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Traumatic Brain Injuries (TBIs): Falls often result in head trauma, from mild concussions to severe TBIs requiring extensive rehabilitation at specialized facilities like TIRR Memorial Hermann.
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Spinal Cord Injuries: Falls from heights, such as from defective staircases or poorly maintained balconies, can cause devastating spinal cord injuries resulting in partial or complete paralysis.
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Fractures and Orthopedic Injuries: Broken bones are common in falls, particularly hip fractures, broken wrists, and ankle injuries that often require surgery and extensive physical therapy.
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Soft Tissue Injuries: Sprains, strains, and tears to muscles and ligaments can cause significant pain and limitation.
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Burns and Electrical Injuries: Faulty wiring, inadequate fire safety systems, or chemical exposures can cause severe burns requiring specialized treatment.
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Psychological Trauma: Many victims suffer significant psychological effects like PTSD, anxiety, and depression, which are recognized as compensable damages under Texas law.
4 Critical Actions to Take After an Injury on Houston Property
What you do immediately following an injury can significantly impact your health and legal rights.
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Make an Official Report: Inform the property manager or an employee about the incident immediately. Insist that they create an official incident report and request a copy.
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Preserve Evidence: Document everything you can recall, including the location, weather, and lighting. Take photos of your injuries and the hazardous condition. Set aside the shoes and clothing you were wearing.
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Identify Potential Witnesses: If anyone saw you get hurt, try to collect their contact information. If not, write down descriptions of anyone who was nearby.
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Consult a Houston Attorney: Contact a lawyer before providing any recorded statements to insurance companies. An attorney will protect your interests and manage all communications with insurers. Be aware that claims against the City of Houston have a much shorter notice requirement of just 90 days.
Understanding Visitor Classifications Under Texas Law
A property owner’s legal duty varies depending on your status at the time of injury.
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Invitees: These are visitors who enter a property for mutual benefit, like customers in a store. Owners owe them the highest duty of care, which includes regularly inspecting the property for hazards, making repairs, and providing warnings.
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Licensees: These individuals enter a property with permission but for their own benefit, like social guests. Owners must warn them about or make safe any known dangerous conditions.
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Trespassers: These individuals enter without permission. Owners generally only have a duty to avoid intentionally causing harm. However, an important exception exists for child trespassers under the “attractive nuisance” doctrine, which requires owners to take reasonable steps to prevent harm from features likely to attract children, like an unsecured swimming pool.
How Insurance Companies Fight Houston Premises Liability Claims
Insurance companies employ sophisticated tactics to minimize or deny valid claims. They may offer a quick, lowball settlement before you understand the full extent of your injuries. They might dispute your visitor status to reduce the owner’s legal duty, allege your injuries were pre-existing, or claim the owner had no notice of the dangerous condition. Never give a recorded statement without first consulting an attorney. The Nguyen Injury Law Firm has extensive experience countering these tactics and will build your case to overcome them.
Houston Premises LiabilityFAQs
What must a Houston premises liability lawyer prove in a Texas case?
To win your case, your lawyer must prove four key elements: the property owner owed you a legal duty of care, the owner breached that duty by failing to fix or warn of a danger, this breach directly caused your injury, and you suffered actual damages. The Nguyen Injury Law Firm meticulously gathers evidence like maintenance records, security footage, and witness statements to support each of these elements and build the strongest possible case for you.
How long do I have to file a premises liability lawsuit in Houston?
In Texas, you generally have two years from the date of your injury to file a lawsuit. If you miss this deadline, your case will likely be dismissed. However, if your injury occurred on property owned by the City of Houston or another government entity, you must provide formal notice of your claim within 90 days. It is crucial to consult with a Houston premises liability attorney from The Nguyen Injury Law Firm as soon as possible to protect your rights.
What if I’m partially responsible for my own injury in Houston?
Texas follows a “modified comparative negligence” rule. This means you can still recover damages as long as you are not found to be more than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your final award will be reduced by 20%. The Nguyen Injury Law Firm will work to minimize any finding of fault on your part to maximize your recovery.
Who has the right of way in Houston – a bike or pedestrian?
Under Texas law, pedestrians have the right of way when using crosswalks. In Houston’s busy downtown and medical center areas, cyclists must yield to pedestrians in crosswalks and on sidewalks where cycling is permitted.
Areas We Serve in Texas, TX
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