Property owners in Texas have a responsibility to take certain measures to ensure that their property is safe for visitors. But when property owners fail to uphold this duty, visitors are at serious risk of accident. 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’ll 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 don’t 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.
- A Licensee is someone who enters 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.
- A Trespasser, unlike an Invitee or Licensee, does 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?
Slip and fall accidents are the most common type of premises liability case. 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. But 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 noneconomic damages. Economic damages, like medical bills and hospital fees, cover the more tangible, calculable expenses. Noneconomic 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
If you decide to 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. Reach out to a member of our team for a no-obligation consultation about how we may be able to represent you in your premises liability case.