Attorneys for Premises Liability Accidents in Houston, Harris County, TX
(832) 530-4070

Premises Liability

When a person suffers serious injuries because of a defect or dangerous condition on another party’s property, the victim may have what is known as a premises liability claim. Premises liability is a broad area of tort law that allows people to obtain damages for injuries caused by a property owner’s failure to warn about or correct a hazardous condition.

Many defendants in premises liability claims or their insurance companies will inevitably argue that a victim’s injuries were the result of his or her own negligence. It is extremely important for people who have been injured in accidents on another person’s property to avoid speaking to insurance companies until they have legal representation.

Attorneys for Premises Liability Accidents in Houston, TX

If you sustained severe injuries or your loved one was killed in an accident caused by a dangerous condition on another person’s property in Harris County, it is in your best interest to immediately retain legal counsel. The Gonzalez Law Group represents clients in the greater Harris County area including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood and many others.

Our personal injury lawyers in Houston will work tirelessly to help you obtain all of the compensation that you need and deserve. You can have our attorneys provide a complete evaluation of your case when you call (832) 530-4070 to schedule a free, confidential consultation.

Harris County Premises Liability Injuries Information Center

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Types of Premises Liability in Texas

Premises liability can apply to several different kinds of accidents. Some of the most common incidents that premises liability claims stem from include, but are not limited to:

  • Slip and Fall Accidents
  • Retail Store Accidents
  • Negligent Security
  • Negligent Inspection
  • Landlord Negligence
  • Hotel Accidents
  • Parking Lot Accidents
  • Sidewalk Accidents
  • Swimming Pool Accidents
  • Defective Surfaces
  • Elevator / Escalator Accidents
  • Amusement Park Liability
  • Failure to Warn of Known Dangerous Conditions

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Legal Status in Harris County Premises Liability Claims

A premises liability case is not the same as a traditional negligence case. In a premises liability case, the plaintiff will have to satisfy additional requirements, depending on his or her visitor status.

Essentially, there are three types of visitors in Texas:

  • Invitee — An invitee is a person who enters the premises with the owner’s express or implied knowledge and for the mutual benefit of both parties. In addition to the employees working at a business, all customers who patronize the business are considered invitees.
    • Invitees are required to prove that defendants had;
      • actual or constructive knowledge of a condition on their premises that posed unreasonable risks of harm;
      • the defendants failed to exercise reasonable care by failing to warn of the condition and failing to correct the condition; and
      • the defendant’s failure was the proximate cause of the invitee’s injury.
  • Licensee — A licensee is a person who enters the premises with the owner’s express or implied knowledge but not necessarily for the mutual benefit of both parties. A licensee might include a public servant performing a duty on a person’s property.
    • A licensee is required to prove the;
      • defendant had actual knowledge of a condition on the premises that posed an unreasonable risk of harm; and
      • the licensee did not have similar knowledge;
      • the defendant failed to exercise reasonable care by both failing to warn of the condition and failing to correct the condition; and
      • the defendant’s failure was the proximate cause of the licensee’s injury.
  • Trespasser — A trespasser is a person who enters the premises without the owner’s express or implied knowledge. A property owner owes no duty to a trespasser other than the duty not to injure him or her willfully, wantonly or through gross negligence. An example of when a property owner may be liable for injuries due to willful, wanton, or gross negligence would be if a property owner set a trip wire or bear trap for an intruder.

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Texas Premises Liability Resources

Austin v. Kroger Texas, L.P., 465 S.W.3d 193, 204 (Tex. 2015) — The Fifth Circuit Court of Appeals certified a question essentially asking if an employee’s awareness of a defect eliminated the employer’s duty to maintain a safe workplace. The Court concluded in this case that “with two notable exceptions, an employer’s premises-liability duty to its employee includes only the duty to protect or warn the employee against concealed hazards of which the employer is aware or reasonably should have been aware, but the employee is not.” The two exceptions provided in the opinion concerned a criminal activity exception and necessary use exception.

UDR Texas Properties, L.P. v. Petrie, 517. S.W.3d 98 (Tex. 2017) — Alan Petrie was robbed while placing a phone call near the visitor parking lot of The Gallery apartment complex. He sued The Gallery, alleging it knew or should have known about the high crime rate on its premises and in the surrounding area yet failed to use ordinary care to make the complex safe, but the trial court concluded The Gallery owed no duty to Petrie and signed a take-nothing judgment in its favor. The court of appeals reversed, but the Supreme Court of Texas reversed the court of appeals because Petrie failed to offer evidence of the burden that would be imposed on Gallery to prevent or reduce the risk from a crime like the one involved.

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Premises Liability Lawyers in Houston, TX

Were you seriously injured or was your loved one killed as the result of a dangerous condition on another person’s property in Southeast Texas? You will want to contact The Gonzalez Law Group as soon as possible.

Our Houston personal injury attorneys help individuals in communities throughout Harris County, Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown and many others. Call (832) 530-4070 or fill out an online contact form to have our lawyers review your case and help you understand all of your legal options during a free initial consultation.