Property owners in Texas have a responsibility to take certain measures to ensure that their property is safe for visitors. Yet, when property owners fail to uphold this duty, visitors are at serious risk of accidents. Premises liability can involve accidents that happen in restaurants, amusement parks, daycare centers, stores, hotels, public areas, and other types of venues. If you were hurt because of negligence that created unsafe conditions, you may be entitled to recover compensation for your losses.
The laws defining who is liable when a person is injured on another’s property can be complicated. If you suffered injuries on someone else’s property and are not sure if you are eligible to take legal action against the property owner, a Houston premises liability lawyer from The Mejia Law Firm can offer experienced legal guidance. You may be qualified to seek damages like medical bills, lost wages, and pain and suffering. We will evaluate your case and advise you on your legal options for recovery after an injury.
What Is Premises Liability?
Owners of buildings and grounds should keep a safe environment for visitors. They should be aware of and fix issues that can lead to injury, like broken handrails, rotted floorboards, poisonous gas leaks, or defective chair legs. If they do not adhere to certain standards required by law, they may be liable and financially responsible if a person on the property is injured due to negligence.
For an injured person to file a claim against the property owner, it must first be established that the defendant (in this case, the property owner) owed a duty of care to the plaintiff (the injured party), that the defendant breached that duty of care, and that the plaintiff suffered damages as a result of the breach of duty. Your Houston premises liability attorney from The Mejia Law Firm will be able to investigate the details leading to your accident to determine if you are entitled to file a personal injury claim and seek damages.
There are other considerations in a premises liability case that depend on what kind of visitor the injured victim is. Under Texas law, visitors to a property may be classified as invitees, licensees, or trespassers:
- Invitees are people who step foot on the property with permission for reasons that mutually benefit both visitor and property owner – like a customer visiting a restaurant.
- Licensees are those who enter the property with consent and primarily for their own benefit, not for mutual business or commercial purposes. This might include a police officer, salesperson, service worker, or guest at a party.
- Trespassers, unlike invitees or licensees, do not have a legal right or owner’s consent to enter the property.
Defining the visitor is important because property owners owe a different duty of care to each type of visitor. A premises liability attorney will work to determine the legal duty of the property owner in your specific situation.
What Are The Most Common Premises Liability Cases?
The most common type of premises liability cases is slip and fall accidents. Many people are familiar with cases in which wet floors, icy sidewalks, objects left in walkways, or poorly-laid carpets cause victims to fall and sustain injuries. Yet, slip and fall accidents are not the only type of premises liability case. Other types of common premises liability cases include:
- Daycare center accidents
- Swimming pool accidents
- Fires and burn injuries
- Dog bites and other animal attacks
- Playground accidents
- Elevator, escalator, and stair accidents
- Amusement park accidents
- Construction site accidents
- Gas and chemical leaks
- Flooding accidents
Other examples of poor property maintenance leading to personal injury might qualify as premises liability cases. Even if your specific type of injury-causing accident is not listed above, you may still be eligible to file a premises liability claim. The Mejia Law Firm offers free case evaluations to help you decide how to best move forward after an accident.
What Damages May Be Recovered in a Premises Liability Case?
If you were injured due to another party’s negligence, you may be entitled to economic and non-economic damages. Economic damages, like medical bills and hospital fees, cover the more tangible, calculable expenses. Non-economic damages are more difficult to calculate and can include emotional and physical trauma like pain and suffering.
Your Houston premises liability lawyer will help you obtain maximum compensation for all the injuries and losses you suffered. These may include:
- Medical bills
- Cost of medical care, recovery, and rehabilitation
- Lost wages and benefits
- Loss of future income
- Property damage
- Disfigurement
- Permanent disability
- Pain and suffering
- PTSD and other psychological trauma
When you partner with our firm, a Houston premises liability lawyer from our team will work hard on your behalf to achieve the most favorable outcome possible. We know that financial recovery is an important part of post-accident recovery. We fight to make sure that no one is forced to endure the financial consequences of someone else’s negligence.
What Is a Slip and Fall Accident?
When you are on someone else’s property or on a business’s property, you expect to be safe. You think the floors will be dry, every carpet will be nailed down, and all the floors will be sturdy. You might not be actively thinking about this, but your expectations are set that you are safe on the property. But if there are dangerous conditions, you might not be.
This can be unexpected and lead to you falling and getting hurt on the premises. That’s when you could use the help of a Houston slip and fall lawyer. We will help you recover what you’re owed when the property owner’s negligence has led to your injuries and other damages from your slip and fall.
Your case hinges upon demonstrating that someone else’s negligence led to your accident and injuries. Depending on your status as a visitor, the property owner owes you a duty of care. When you are legally allowed on the premises as a visitor, they owe you safety by having made any dangerous conditions safe. When they have not done that, you could get hurt on their property.
What Causes Slip and Falls?
Slip and fall accidents can happen anywhere. Shops, bars, restaurants, grocery stores, hotels, schools, airports, malls, government buildings, and any place owned and managed by another person are all places where a slip and fall can happen. When you are choosing to file a claim, though, what matters is who is responsible for that fall.
When you have a slip and fall lawyer on your side, they’ll look into what caused your accident to really determine how the owner’s negligence was responsible. Here are some of the typical causes of premises liability accidents in Texas that could have led to your situation:
- Poor lighting
- Uneven floors
- Loose carpet
- Wet floors
- Missing stair railings
- Broken stairs
- Poorly maintained and uninspected elevators and escalators
- Falling objects
- Exposed wires
- Fires
- Water, ice, or snow on a sidewalk
- Failure to warn visitors of dangers
One or more of these dangerous conditions on a property can lead to a minor or severe accident happening. For example, stepping on a broken or rotted stair can cause you to lose your balance and fall down those stairs. When you are falling, if you grab the railing and it is loose, it could break free and make the fall even worse.
All of these scenarios can lead to serious injuries. Our Houston slip and fall attorneys will look into what happened to cause your accident to determine whose negligence was responsible. Another aspect your legal team will use to prove this is the injuries you suffered.
Common Injuries from a Slip and Fall
Slip and fall accidents can cause serious injuries. When you think of a fall, you might think of something innocent where you can catch yourself and maybe scrape your knee. Those injuries are minor, but still should not have happened. However, that is not the only scenario that can come out of a slip and fall.
Unfortunately, many victims end up with much more serious injuries. When you fall from a height or are unable to catch yourself, you can suffer from severe injuries that require hospital stays or cause lasting damage. Here are some of the injuries you could sustain from a slip and fall accident in Houston:
- Bruises
- Cuts and lacerations
- Soft tissue injuries
- Burns
- Rashes
- Fractures
- Electrocutions
- Mold exposure
- Gas exposure
- Respiratory injuries
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Paralysis
Getting medical attention directly after you are involved in a slip and fall accident is crucial. That way, you are seen and evaluated right away to assess what injuries you have suffered and start your treatment and road to recovery. This also ensures you have a medical record that ties your injuries directly to the accident.
Your Houston slip and fall lawyer will use these records to help prove your case and ensure you get the compensation you deserve for what you have been through. You will not have to worry about the legal side of things—when you have a lawyer on your side, you will be able to focus on your healing while we hold the other party accountable for the injuries they have caused you.
What To Do After an Accident on Someone Else’s Property
If you have experienced an injury in someone’s private residence or at a place of business, it is important to know the right steps to take afterward. What you do can weigh substantially on the outcome of your fall case if you decide to pursue a settlement or go to trial. Keep the following things in mind after a fall injury:
- If possible, move to a safe place to evaluate your injuries. This will minimize the risk of further injury and allow others to attend to your care safely if necessary.
- Evaluate your fall injury and take a moment to breathe. Assess your symptoms and try to figure out if you have any broken bones, cuts, bruises, or heavy bleeding.
- Call 911 for help no matter how bad the injuries are. The police can help record details of the incident and gather any witness testimony, which can be crucial to proving your case. Paramedics can assess your injury and stabilize any serious injuries if you need to go to the hospital.
- If you or someone you are with is able to, document the scene of the incident by taking photos, videos, and written notes. Collect any statements and contact information from witnesses of your accident. Document every detail you can of the accident, the situation that led to it, and your injuries throughout your recovery process.
- Visit a medical professional to assess your condition as soon as you are able. Even if your symptoms are not severe, you could have internal bleeding or an injury that is not immediately apparent. Brain injuries after a fall can often go undiagnosed until later.
- Contact a personal injury lawyer about your options. You deserve compensation for your medical bills and any damages you may have sustained. A qualified trial lawyer from The Mejia Law Firm can help you with your settlement or, if necessary, assist in filing your premises liability lawsuit.
Begin working with a personal injury attorney as soon as possible to avoid missing the deadline for pursuing your settlement. In Texas, the statute of limitations states that you have two years from the day of the accident to file your fall case claim. You do not miss out on receiving compensation for the losses you have suffered, including medical bills, lost wages from missed days of work, pain and suffering, and emotional trauma.
The Mejia Law Firm Will Help You
A slip and fall accident can make you feel unsure who you can trust. You expected the property to be safe, but it was not, and now you are hurt. While you are physically and emotionally recovering from your fall, you could be considering taking legal action. When someone else’s negligence is what caused your injuries, you could use the help of our Houston slip and fall attorneys.
At The Mejia Law Firm, we understand how difficult this can be. We are experienced in helping the victims of slip and fall accidents and know how to support you through your claim while making sure you are comfortable. Contact our law firm today for a free consultation with no obligation so we can get started working for you and building you the strongest claim possible.