Premises Liability Accidents
If you were hurt at a location or business that is not your home or place of employment, and you sustained serious personal injuries due to unsafe conditions, you may be able to recover compensation for your losses.
For example, if you fell in a stairwell at an industrial site due to a lack of handrails and broke your leg, you may be awarded damages through a premises liability lawsuit for your injuries.
When you are lawfully present on any public or private property, you have the right to expect that the property will be reasonably safe. In the state of Texas, premises liability laws allow individuals to take legal action against property owners who fail to maintain a safe environment for visitors.
It is a property owner’s responsibility to repair any dangerous conditions or to warn visitors of unsafe conditions. If serious injuries are sustained while on someone else’s property due to preexisting and concealed dangerous conditions, the property owner may be held accountable for their failure to correct known hazards.
If you were injured due to a dangerous defect in someone’s premises and the person responsible for the property failed to correct the problem or to warn you about it, you may be able to recover monetary compensation for your injuries.
Due to frequently changing laws and the complexities of the Texas legal system, an experienced Houston personal injury lawyer can help you understand your rights when pursuing a premises liability claim.
Under Texas premises liability law, you are permitted to take action against a property owner for any of the following property defects:
An injured person may be able to file a lawsuit for compensatory damages if a property owner is found guilty of not maintaining a safe environment and neglecting to make reasonable repairs that could have prevented foreseeable injuries to visitors.
A property owner might be liable for your injuries if the owner fails to provide adequate security and you become the victim of a violent crime such as an assault, rape, or robbery.
A passenger could be seriously injured due to an elevator or escalator malfunctioning while transporting individuals between floors. Other examples include malfunctioning equipment like cranes, bulldozers or heavy components on drilling rigs could result in a victim’s injury or even death.
When a person falls from a height due to inadequate railing, or a lack of handrails contributes to a serious fall on stairs, this slip and fall accident could result in severe head, neck, or back injuries or broken limbs.
When a victim falls into an open drainage hole, the property owner may be liable for your injuries if there is evidence that the owner failed to properly cover the hole.
When unsecured objects fall and strike a person on the head or neck, resulting in a mild, moderate, or severe traumatic brain injury, serious neck or spinal cord damage, or even wrongful death, it’s important to have an experienced Houston personal injury attorney to represent you.
In Texas premises liability cases, damages are awarded to help victims and their families after an accident. In general, there are two types of damages that may be awarded:
Economic Damages – These are quantifiable losses that the injured person experiences as a result of injuries. Often included are past and future medical bills directly resulting from injuries and lost wages resulting from an inability to work.
Non-Economic Damages – These are damages that account for the toll of physical pain and mental anguish on your life. Non-economic damages are awarded to compensate injured victims for damages not easily quantifiable.
Property owners have a duty to maintain safe conditions for those who enter their property. If a person is injured as a result of a property or business owner’s negligence, the injured victim may have a right to compensation. An experienced Houston premises liability attorney can help you build a strong case in order to get you a fair resolution.
Often the person or company that owns the property will be at fault in a Texas premises liability case. Other times the property may be leased to someone else who agrees to maintain the property, in which case there may be a combination of responsible third parties.
If you want to make a premises liability claim, it’s important to identify the correct person responsible. An experienced Houston premises liability lawyer can help determine who is responsible and work to hold them accountable for your injuries.
When pursuing legal action, the property owner will likely argue that he or she was not negligent. Instead, they may try to argue that you are responsible for failing to avoid the issue that resulted in the accident.
Under the 2015 Texas Supreme Court case Austin v. Kroger Texas, L.P., No. 14-0216 (Tex. June 12, 2015), a property owner may not be liable for negligence when the defect was “open and obvious” or you had knowledge of it, such as a visible puddle on a grocery store floor that causes you to slip and fall.
A property owner will be working against you when you decide to pursue legal action. Therefore, it is imperative that you consult with a Houston personal injury lawyer immediately following your accident to evaluate your case.
When an unexpected accident brings about the death of a loved one, it can be emotionally and financially devastating to those left behind. Under the Texas wrongful death statute, family members can recover compensation through wrongful death actions for damages including: burial expenses; loss of financial contributions; loss of care, support, maintenance, advice, and counsel; loss of love, companionship, comfort, and society; and loss of inheritance that may have been received if the family member had lived a normal expected lifetime.
According to the state statute, surviving relatives including the spouse, children, and parents of the deceased are beneficiaries who can recover damages incurred as a result of their losses. Although financial compensation will never replace the void left in a family, filing a timely wrongful death suit can help family members move on with their lives.
If successful, lawsuits brought under Texas wrongful death laws can also result in compensation for the burden of the medical expenses incurred before death, physical pain, and mental anguish.
Due to a statutory deadline, relatives and family members must file a lawsuit within two years after the death or be permanently barred from recovering damages. Additionally, wrongful death cases can be complex and require extensive investigation. Therefore, it is important to contact a capable Houston wrongful death lawyer quickly in order to preserve your claim.
At The Krist Law Group, P.C., you can rely on our knowledge in handling Houston premises liability cases. We know the fine points of premises liability laws and can skillfully guide you through the complex legal system when seeking compensation for your injuries and losses.
If you have been hurt on someone else’s property due to negligence, you may have a valid Texas personal injury claim. Call our Houston premises liability lawyers today at for a free consultation about your situation.