Premises liability claims, where someone is injured due to a dangerous condition on another person’s or company’s property, are some of the most legally complex and difficult cases in Texas.
Different legal standards apply based on how to prove whether the responsible party is the owner of the property, whether the injured person is a contractor, the reason for why the injured person was on the property, whether there were any warnings of the dangerous condition, and whether the owner had knowledge of the danger.
At Armstrong & Lee LLP, our attorneys dedicate themselves to helping the injured hold landowners and occupiers responsible for the damages they cause.
We have experience handling premises liability claims at all litigation steps to ensure you get the recovery you deserve.
If you have questions after an injury on someone’s property, call the Houston premises liability lawyers at Armstrong & Lee LLP, and let us explain your legal options.
Premises liability is a common-law rule that makes landowners or occupiers responsible for keeping their property reasonably safe.
“Common-law” means the Texas courts consistently enforce the rule, rather than the legislature adding it as a law (although the Texas Statutes do add exceptions to the general rule).
To recover in most cases, the plaintiff must prove:
If the injured plaintiff receives a favorable verdict, the premises owner or occupier must pay compensation for the economic and non-economic damages they caused.
Insurance companies will often tell injured people that the law is against them and there is no way for them to recover.
Oftentimes this is not true. Never trust an insurance company, even your own, to perform the necessary investigation into your claim.
Our attorneys will ask the necessary questions to determine whether you have a strong claim. Contact us and we can start the investigation of your case today. You never pay attorneys’ fees unless we win.
Any injury that occurs on someone else’s property because of an unsafe condition that the owner should have known about will likely qualify for a premises liability claim.
Typical causes of injuries include:
Premises liability makes landowners responsible for maintaining their property and making it safe for those who enter. If you are unsure whether your injury qualifies as a premises liability claim, contact an experienced slip and fall lawyer in Houston.
Texas follows the traditional premises liability doctrine, which varies the landowner’s duty depending on the visitor’s legal status. A visitor may be an invitee, licensee, or trespasser, depending on the visitor’s purpose for entering the premises.
An invitee typically has a business purpose or a purpose that benefits the visitor and the landowner. The law considers a store shopper an invitee. The landowner owes a duty to prevent injury to the invitee from “any premises defects or other dangerous conditions that a reasonable careful inspection would reveal.”
A licensee has permission to be on the property, but their presence is for their benefit (i.e., “for his own convenience or on business for someone other than the owner”). The law considers a social guest to be a licensee.
The landowner owes an invitee a duty to prevent injury from dangers they know exist. Also, the licensee must prove that they did not know of the danger when entering the property.
A trespasser has no permission to enter the property. The landowner must refrain from injuring a trespasser “willfully, wantonly, or through gross negligence.” They owe no other duty to ensure the property is safe for a trespasser.
Establishing the premises owner’s duty of care is one of the most complicated parts of premises liability. Only your Houston premises liability attorney can explain the legal arguments involved in resolving your case. They can help you collect evidence and determine which party is at fault. When you call Armstrong & Lee LLP, you’ll reach an attorney experienced in helping those with all injuries recover after an accident. Your attorney will work to secure the compensation you deserve.
The laws governing injures at someone else’s property are complex. They include both statutory law and common law. The Texas legislature and Texas Supreme Court have taken steps to limit the injured person’s ability to recover for injuries caused by the negligence of others. The deck is already stacked against the injured person.
The injured person is up against a system designed to limit or eliminate recovery.
At Armstrong & Lee LLP, we help you even the playing field. Our attorneys have experience handling complex injury cases of the greatest severity at all stages of litigation. We have successfully defeated attempts to have these types of cases thrown out of court, and we have successfully tried these types of cases to a jury.
Contact us today for your free consultation.