Houston Premises Liability Lawyer

A premises liability lawsuit seeks compensation on the grounds that the conditions of the premises in question were defective in some way and led to your injury.

You should not have to pay for a property owner’s negligence or failure to keep you safe if you were on the property lawfully. To cover the damages and losses you suffer as a result of your injury, you will need to claim compensation.

However, premises liability cases are generally technical and complex.

Insurance companies are reluctant to pay up and it often requires experienced legal assistance to recover what you deserve.

Whether you have suffered a swimming pool accident, a slip and fall injury, a dog bite injury, or another type of accident, Houston premises liability lawyer Ryan DeHoyos can help you claim what you deserve and move on with your life after your injury.

What is Premises Liability?

Premises liability is a legal concept that holds property owners responsible for injuries on their property. Suppose you are injured on someone else’s property due to a dangerous condition. In that case, you may be able to file a premises liability lawsuit.   

How Does Premises Liability Apply in Texas?

In Texas, property owners have a legal duty to exercise reasonable care to keep their premises safe for visitors. This means they must identify and eliminate potential hazards or warn visitors of their existence.

Why Hire a Houston Premises Liability Lawyer?

Navigating a premises liability claim can be challenging. Insurance companies often employ tactics to minimize payouts, while property owners may try to deflect blame. 

An experienced Houston premises liability lawyer at DeHoyos Accident Attorneys can level the playing field, ensuring you receive fair compensation for your injuries.

Key benefits of hiring a lawyer:

Proven track record: 

DeHoyos Accident Attorneys has a history of success in handling premises liability cases.

Skilled negotiation: 

Our Houston premises liability lawyers are experts at negotiating with insurance companies to secure favorable settlements.

Courtroom experience: 

We are prepared to litigate your case if necessary.

Personalized attention: 

We will provide customized guidance and support throughout the legal process.

Keep an insurance company from taking advantage of you. Contact DeHoyos Accident Attorneys for a free consultation.

Learn More → Punitive Damages During a Personal Injury Case in Texas

Why hire Ryan DeHoyos?

Ryan DeHoyos’ legal skills and experience in premises liability claims mean he can help you hold the negligent property owner accountable and the insurance company liable.

Ryan and his team start by listening to the details of your case. We will inform you of your options before moving forward.

If you decide to proceed, we will investigate what happened on the premises and gather evidence to substantiate your claim. Then, we will handle all communications with the insurance company, relieving the stress for you and your family.

Our experience with such claims ensures that you do not have to settle for less than you are entitled to. We push for the maximum possible settlement or take the matter to court.

Ryan DeHoyos is equally adept at trial as in negotiations outside of the courtroom if no settlement is possible. We have a strong track record of settling matters out of court but, if necessary, a jury will decide the outcome.

Recognized as a Rising Star by Super Lawyers in 2019, Ryan is intimately familiar with the local Houston court system as well as the procedures and laws involved in all types of personal accident injury claims.

How a Houston Premises Liability Lawyer Can Help

An experienced Houston premises liability lawyer is essential for navigating the complexities of a premises liability claim. 

DeHoyos Accident Attorneys offers comprehensive legal services to protect your rights and maximize your compensation.

Investigate the Accident: 

Our lawyers will work diligently to investigate the cause of your accident, gather evidence, and identify all potentially liable parties.

Determine Liability: 

We will determine who is responsible for your injuries and build a solid case to maximize your compensation.

Negotiate with Insurance Companies: 

We will handle all communication with insurance companies and aggressively negotiate for a fair settlement offer.

Fight for Your Rights in Court:

We will represent you in court and fight for your deserved compensation if necessary.

Premises liability law in Houston, Texas

In Texas, the premises liability laws are outlined in the Civil Practice and Remedies Code, Title 4, Chapter 75.

Premises liability occurs when you are injured on a property of some type. It may fall on the owner or the resident of the premises depending on the situation. This is different from personal liability, which occurs if someone does something negligent that causes harm to another person (e.g., disobeying road signals and causing a car accident).

Premises liability cases generally hinge on several key factors:

• Was the property owner negligent?
• What was the “classification of visitor”? Was there a duty of care?
• Is the “law of attractive nuisance” applicable?
• Was the injured party an independent contractor?

We have already referred to the fact that negligence must be proven by a skilled premises liability lawyer.

In most cases, you must also be able to show that the defendant legally owns the property and you were permitted to be there at the time of the incident.

Duty of care/classification of visitor

Whether or not the property owner can be found liable is dependent on the type of visitor and whether a legal duty of care was owed to that individual, as well as negligence.

For a premises liability claim to be successful, the following three factors must exist:

• The defendant owed a duty of care to the plaintiff
• The defendant breached that duty of care
• The breach caused the plaintiff’s damages

The duty of care is determined by the classification of visitor. In the simplest of terms, if you were invited on to a property you are owed a duty of care whereas, if you are there illegally, you are not.

Who Can Be Considered a Visitor?

Premises liability laws apply to different types of visitors with varying levels of legal protection:

Invitees: 

This category includes customers in a store, guests in a home, or tenants in an apartment building. Invitees have the highest level of protection under the law, as property owners owe them the highest duty of care.

Licensees: 

These are visitors with permission to be on the property, but not necessarily for the owner’s benefit. Social guests or individuals entering a store for repairs would be considered licensees.

Trespassers: 

Generally, property owners have no duty of care to trespassers, although they cannot intentionally injure them. However, there are exceptions for child trespassers and situations where the trespasser’s presence is foreseeable.

Need Help? If you are unsure of your visitor classification at the time of your injury, the team at Ryan DeHoyos Accident Attorneys, PLLC can help during a free initial consultation.

The “law of attractive nuisance” in Texas

Although a property owner generally has no duty of care to protect a trespasser from harm, there are certain exceptions to this rule.

The law of attractive nuisance states that the property owner may be liable if a child is injured when trespassing if the child was drawn to the property by something likely to attract children.

A good example is a swimming pool. Property owners are expected to secure their swimming pool with adequate barriers (fences, gates, etc.) so that no child can enter without permission. If a child enters and is injured due to a hazardous condition, the property owner may be held liable.

Independent contractors

If an independent contractor (roofer, plumber, etc.) is injured while working on your house, who can be held liable?

These cases can be especially complex.

According to the Texas Civil Practice and Remedies Code, property owners are not liable when an independent contractor is injured on the job unless the property owner had knowledge of the danger and failed to mention it or the property owner is directly in control of the job.

Common types of premises liability injuries in Houston

The team at Ryan DeHoyos Accident Attorneys, PLLC most commonly handles cases involving the following types of premises liability injuries in the Houston area:Slips and falls:

Slips and falls can occur due to wet floors, uneven surfaces, broken stairs, or other hazardous conditions.

Dog bite injuries or other animal attacks:

Dog bites can cause serious injuries, especially children. Property owners are generally liable for injuries caused by their dogs.

Swimming pool accidents:

Drowning accidents, slips and falls around pools, and other injuries can occur on pool premises.

Stairway accidents:

Defective handrails, broken steps, or slippery surfaces can lead to falls and stairway injuries.

Railing and balcony accidents:

Balconies and inadequately maintained railings can collapse or give way, causing serious injuries.

Elevator accidents:

Malfunctioning or unsafe elevators can lead to falls and other injuries.

Negligent security:

Inadequate security measures can increase the risk of assaults, robberies, and other injuries.

Accidents due to poor maintenance procedures:

Construction site accidents:

Falling objects, unsafe equipment, and other hazards on construction sites can cause serious injuries.

Maritime offshore-related accidents:

You may have a premises liability claim if you’ve been injured on an offshore platform or vessel.

What happens if your injury occurred on government property?

The Texas Tort Claims Premises Defect Act comes into play concerning governmental property.

This states that if a liability claim arises, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property unless the claimant pays for the use of the premises.

It covers many types of governmental activities, properties, and locations, including each of the following:

• Street design and construction
• Bridge design, construction, and maintenance
• Cemeteries
• Hospitals
• Airports
• Trash removal
• Museums
• Libraries
• Waterworks
• Parks
• Zoos
• Regulation of traffic

Compensation for Premises Liability Claims in Houston

You may be entitled to compensation for your losses if you’ve been injured on someone else’s property due to negligence. Premises liability claims can result in various types of damages, depending on the severity of your injuries and the circumstances of the accident.

Potential types of compensation include:

Medical expenses: 

This includes past and future medical bills, surgeries, rehabilitation costs, medications, and other medical expenses related to your injuries.

Lost wages: 

If your injuries prevented you from working, you may be eligible for compensation for lost income, both current and future earnings.

Pain and suffering: 

You may be entitled to compensation for the physical and emotional pain and suffering caused by your injuries.

Permanent disability: 

If your injuries have resulted in a permanent disability, you may be eligible for compensation for losing future earning potential and quality of life.

Property damage: 

If your personal property was damaged in the accident, you may be able to recover compensation for repairs or replacement.  

What is Premises Liability Insurance?

Premises liability insurance protects property owners from financial losses arising from injuries sustained on their property. 

It covers the costs of legal defense and potential settlements or judgments in premises liability lawsuits.

Critical differences between premises liability insurance and general liability insurance:

Scope of coverage: 

Premises liability insurance explicitly covers injuries on the property, while general liability insurance provides broader coverage for various business risks.

Exclusions: 

Premises liability insurance may have specific exclusions, such as intentional acts or injuries caused by the policyholder’s employees.

Houston Premises Liability Law Firm Expertise

DeHoyos Accident Attorneys: Your Trusted Advocate in Houston

At DeHoyos Accident Attorneys, we understand the physical, emotional, and financial challenges you face after a premises liability injury. 

Our dedicated team is committed to helping you navigate the legal process and recover the maximum compensation you deserve.

Premises Liability FAQs

What is premises liability?

Premises liability is a legal concept that holds property owners responsible for injuries on their property. If you are injured on someone else’s property due to a dangerous condition, you may be able to file a premises liability lawsuit.   

What are common types of premises liability injuries?

Common premises liability injuries include:

• Slip and fall injuries
• Dog bites
• Swimming pool accidents
• Stairway accidents
• Railing and balcony accidents
• Elevator accidents
• Negligent security
• Construction site accidents

Who can be held liable for a premises liability injury?

The property owner or manager is typically held liable for injuries on their property. However, other parties, such as contractors or security companies, may also be liable in some cases.

What must I prove to win a premises liability case?

To win a premises liability case, you must generally prove the following:

• The property owner or manager had a duty of care to you.
• The property owner or manager breached their duty of care by failing to maintain a safe environment.
• The breach of duty directly caused your injuries.

How long do I have to file a premises liability lawsuit in Texas?

The statute of limitations for personal injury cases in Texas is generally two years from the date of the injury. However, there may be exceptions to this rule, so it’s essential to consult with an attorney as soon as possible.

Contact DeHoyos Accident Attorneys, PLLC Today

Most premises liability lawsuits are highly complex and should not be attempted without the assistance of an experienced injury lawyer.

Ryan DeHoyos and his team help victims claim what they deserve.

If you or a loved one has been injured on another’s property in the Houston area, get the support you need. Contact DeHoyos Accident Attorneys, PLLC today via our online form or call (832) 745-4878 for a free and confidential consultation about your case.

Premises Liability Infographic