Common Types of Property Defects
If you suffered personal injuries on someone else’s property, you may have the right to seek compensation. Landowners have a responsibility to keep their property safe for guests. If the owner in your situation failed to uphold this responsibility, contact an experienced Houston premises liability attorney right away.
There are a number of property defects that can lead to injuries. Loose floorboards can cause you to trip and fall. An overly dark and steep stairwell can result in your slipping down the stairs. Unstable objects stored overhead can fall and hit you. Any number of hidden dangers on land, in a home, or in a business might lead to an accident that causes you harm. When this hazard should have been found and fixed by the owner or tenant, then you should look into recovering compensation for your financial, physical, and psychological injuries.
At The Krist Law Firm, P.C., we have years of experience helping individuals recover compensation after being injured on someone else’s property. We know the nuances of Texas premises liability law and can guide you through your legal options, which may include filing an insurance claim or filing suit in court. Call us today at 281-283-8500 .
Texas Premises Liability
Texan property owners and current property occupiers are responsible for keeping their premises in a safe condition for visitors. This includes making routine inspections of the property to find hazards, fixing these problems, or warning visitors about them to avoid any accidents. This is more than common courtesy, it is legally required. When property owners or occupiers fail to maintain their properties in a reasonably safe condition, they may become responsible for visitors who are hurt by hidden defects.
If you were hurt on someone else’s property due to a danger you could not see, you may be able to pursue compensation through a premises liability claim. You will need to prove that:
- You had explicit or implicit permission to be on the property
- There was a hidden defect
- The owner or occupier knew or should have known about the defect
- The owner or occupier did not repair or warn you about the defect
- You were injured because the owner or occupier did not keep the premises in safe condition
Common Property Defects
Homes, businesses, and parcels of land can have a variety of obvious and hidden defects that have the potential to cause injury. However, there are some concealed and less-than-obvious hazards that commonly lead to injuries, including:
- Loose or unstable floorboards or steps
- Overly narrow, steep, or uneven stairs
- Lack of or loose handrails
- Torn or loose carpeting
- Uneven terrain
- Poor lighting
- Cracked sidewalks
- Icy or slick walkways
- Cluttered walkways
- Loose overhead objects
- Inadequate security
- Exposed electrical wiring or improperly wired outlets and switches
This is not an exhaustive list of the common types of property defects that lead to accidents and injuries. If you were harmed because of one of these or another type of hazard, contact a Houston personal injury lawyer today to learn more about your rights and legal options. Just because a hazard is uncommon does not mean you are less likely to recover compensation. However, it may require you to work with an experienced and skilled attorney who knows how to gather a variety of evidence and present your unique case to an insurer or court.
The Open and Obvious Doctrine
Texas courts have determined that a property owner or occupier may not be liable for a visitor’s injuries if they were caused by an open and obvious hazard. This type of hazard is one that the courts expect a reasonable adult to notice and understand it should be avoided. It is not in any way hidden or difficult to detect. For instance, a missing step or board on a set of wooden stairs might be considered obvious while a present, yet loose floorboard may be considered hidden.
Whether or not the defect that caused your injury was open or obvious may be an issue in your case. If so, contact an experienced Houston personal injury attorney right away.
Compensation for Premises Liability
If you are able to support the necessary elements of a premises liability claim, then you make request compensation for your:
- Past and future medical costs
- Loss of earning capacity
- Physical pain
- Physical limitations
- Mental anguish
For more information on the potential recovery following a personal injury, contact a Houston personal injury lawyer today. The value of your claim depends on a number of factors, including the type and extent of your injury and whether you now suffer from a long-term or permanent physical or psychological limitation.
How Our Houston Premises Liability Lawyers Can Help You
Texas premises liability law is complex and subject to change. Court decisions made in recent years have made significant adjustments to your and landowners and occupier’s rights. If you were injured because of a hidden defect on someone else’s property, then you may benefit from working with a proven Houston personal injury lawyer from The Krist Law Firm, P.C..
Call us today at 281-283-8500 to schedule a free consultation and learn how we may be of service.