Property owners in Houston have legal responsibilities over the care and maintenance of their premises. They must ensure the reasonable safety of visitors using actions that are appropriate based on the circumstances. Unfortunately, many landowners in Texas fall short of their responsibilities, creating dangerous property defects. If you or a loved one suffered an injury due to a defect on someone else’s property, discuss your ability to bring a premises liability claim with one of our attorneys in Houston. We offer free case consultations.
Houston Premises Liability Resources
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Every property owner has certain types of responsibilities. These responsibilities primarily revolve around the safety and security of those who have a right to enter the premises or come onto the property. The level of responsibility that a property owner has towards guests or visitors depends on the type of premises, namely whether or not the premises is a private residential area or a commercial establishment.
Premises liability is an area of law that revolves around what happens if a property owner fails to uphold the duty of care that they owe others. If a property owner breaches their duty of care (if their careless or negligent actions directly or indirectly lead to someone else sustaining an injury), then it is likely that they could face a personal injury lawsuit brought by the victim (the plaintiff).
How a Houston Premises Liability Lawyer Can Help You
Working with an experienced premises liability lawyer in Houston can make the financial recovery process much easier for you and your family. You can trust your lawyer to take care of the legal legwork of your claim while you focus on getting better. An attorney from The Doan Law Firm can take over many important tasks for you, such as:
Investigating the cause of your accident and injury.
Searching for evidence of fault, such as eyewitnesses and surveillance footage.
Hiring qualified experts to shed light on your case.
Handling confusing claims paperwork and filing processes.
Negotiating with a property insurance company for fair compensation.
Taking your case to trial in Harris County, if necessary.
Most importantly, your personal injury lawyer in Houston is a trusted advocate during a difficult time, available to answer all of your questions and provide sound legal advice. You will feel more confident and comfortable after hiring a skilled attorney to represent you during a claim.
Meet Premises Liability Attorney Jimmy Doan
Jimmy Doan founded his own law firm to provide injury victims in Texas with the empathetic and efficient legal representation they deserve. As a longtime Houston resident, Mr. Doan is active in the community and familiar with the hazards that residents face in their daily lives. From slip and fall accidents in grocery stores to dangerous living conditions in apartment buildings, he has the experience and tenacity to handle a wide range of premises liability cases.
Mr. Doan has gained a reputation within the legal community as an efficient, straightforward, and hardworking attorney that consistently strives to help those who have been injured through no fault of their own. His clients trust him to thoroughly investigate the cause of their accident, bring in skilled expert witnesses, and build a strong case on their behalf. Mr. Doan’s diligence has led him to secure countless favorable verdicts for his clients.
A premises liability claim is a chance for an injured property visitor to seek financial reimbursement for losses associated with an accident. It requires clear and convincing evidence that proves that the property owner was negligent with at least a 51 percent likelihood. Negligence means that the property owner committed an act or omission that a reasonably prudent owner would not have in the same or similar circumstances.
In general, the elements of a premises liability lawsuit are:
The property owner had a duty of care to maintain a reasonably safe premises for the plaintiff.
The owner had actual or constructive knowledge of a hazard or defect on the property.
The owner carelessly failed to remedy the defect in a timely manner.
Compensable losses were suffered by the victim, such as injuries and medical bills.
The property owner’s negligence was the proximate cause of the plaintiff’s losses.
If you suffered any type of injury or a loved one passed away because of a hazard that existed on someone else’s property – including a grocery store, big-box store, department store, financial institution, school, workplace or a friend’s house – you may be eligible for financial compensation through a premises liability claim. Our attorneys in Houston can listen to your story and let you know if your case has merit.
Common Accidents in Houston That Lead to Premises Liability Lawsuits
At The Doan Law Firm, our lawyers have experience with many different types of premises liability cases in Texas and throughout the country, including:
We have the experience and expertise in premises liability law that you need for any type of accident or injury that occurred on someone else’s property.
Injuries & Costs Associated With Premises Liability Accidents
Premises liability incidents can lead to a wide range of injuries for victims. In fact, the types of injuries individuals sustain as a result of the negligence of property owners are so vast that any type of list we provide would be incomplete. Some of the most common types of injuries associated with premises liability claims include:
Head or facial injuries
Traumatic brain injuries or concussions
Spinal cord trauma
Severe bruising or contusions
Fractured or dislocated bones
Lacerations or puncture wounds
Severe burn injuries
In addition to these traumatic injuries (along with others), it is crucial for us to acknowledge various types of unseen injuries associated with premises liability incidents. Victims may incur multiple types of emotional and physical pain and suffering associated with the injuries, their recovery process, and any lasting disability that occurs. We know how important it is to recognize the physical pain that our clients sustain as well as any emotional and psychological trauma, such as sleeplessness, anxiety, stress, and symptoms of post-traumatic stress disorder (PTSD).
When discussing costs associated with a premises liability incident, the overriding important factor is medical bills. Individuals must receive medical treatment for any injuries they sustain, and this medical treatment can include assistance from psychologists or psychiatrists. Additionally, if an individual is unable to work, we must take into account lost wages.
Who Can Be Held Liable for a Premises Liability Accident?
There may be various parties who can be held liable after a premises liability incident in the Houston area. Importantly, we want to reiterate that these claims revolve around property owners or those in charge of a particular area, such as a tenant, landlord, property manager, etc.
Some of the possible viable parties include the actual property owner, which can be an individual, a business, or a government entity. We do want to point out that the process of filing a personal injury lawsuit against a government entity or a government employee is slightly different, including different deadlines for filing the claim. We encourage you to reach out to your attorney for assistance and with questions associated with claims against a Texas government entity.
In addition to the property owner being held liable, there are often times when property managers are specifically in charge of the upkeep and management of the premises. In these situations, it may also be prudent to file a lawsuit against any property manager along with the property owner. When working to determine who should be held liable for these incidents, your attorney will take the lead when it comes to filing the claim. Your lawyer will conduct an extensive investigation into the incident and let you know about their findings and which steps they think you should take next.
The ultimate goal is to show that the property owner owed you a duty of care and that they breached their duty of care through their negligent actions and caused you harm.
Potential Damages in Your Case
Above, we delved into the potential costs associated with a premises liability lawsuit in Houston. Our team strives to recover both economic and non-economic compensation on behalf of every premises liability client that we assist.
Economic damages revolve around calculable losses victims sustain. We refer to these as calculable because we can gather receipts, invoices, and bills that the client receives or will likely receive as a result of the incident. These can be added up, and a concrete total can be shown to insurance carriers or a personal injury jury. Some of the most common economic damages associated with Houston premises liability claims include:
Emergency medical bills
All ongoing hospital, surgical, or doctor costs
Coverage of physical therapy, rehabilitation, medical devices, and medications
Lost income if a person cannot work
Various household out-of-pocket expenses
Non-economic damages associated with a premises liability claim revolve around less calculable expenses. Individuals often refer to these as “pain and suffering” damages, though we need to be a little bit more specific. Our goal is to recover compensation for a victim’s:
Physical pain and suffering they endure
Emotional and psychological pain and suffering
Loss of enjoyment of life damages
Loss of consortium for a spouse or family members
How Much Compensation is Available?
There is no set amount of compensation paid to premises liability victims in Houston, but there are several factors that can influence the final settlement or jury verdict. Some of these factors include the severity of the injuries, how long it takes a person to recover, insurance limitations of the at-fault party, total assets of the at-fault party, whether or not there was any shared fault, and other factors.
We strongly encourage you to work with a skilled premises liability lawyer who can walk you through this entire process. Your attorney will enlist assistance from trusted economic and medical experts who can help calculate your losses and prevent you from being taken advantage of by the insurance carriers or any other party involved.
Houston Premises Liability FAQs
If you’ve been injured in a premises liability accident in Houston, you probably have questions about the legal system and the steps you need to follow after the incident. We answer some of the most common questions that people have after a premises liability accident in the section below. If your question is not answered, please reach out to our attorney today. We are happy to discuss the specific details of your unique case and help you decide on a legal course of action.
What Types of Damages May Be Recovered in a Premises Liability Claim?
If the property owner is found liable for your injuries in a premises liability lawsuit, you may successfully recover damages for lost wages, medical bills, and pain and suffering. Accidents caused by unsafe properties are capable of causing a number of serious injuries, including brain injuries, broken bones, internal trauma, and soft tissue wounds. If you suffer serious harm, damages may include loss of earning capacity, estimated future medical expenses, and physical impairment.
How Much Does it Cost to Hire a Premises Liability Accident Attorney?
At the Doan Law Firm, we take on cases on a contingency fee basis. You do not pay our law firm for legal representation unless and until we secure a favorable settlement or judgement on your behalf. If we win your case, your lawyer will receive an agreed-upon percentage of the final settlement awarded by the court. Under most circumstances, your lawyer will cover any costs they feel are necessary to build the strongest possible case on your behalf.
The contingency fee’s exact percentage will be mutually agreed upon before you retain the services of a law firm. Our attorneys believe in the importance of complete transparency when it comes to pricing and will always explain the precise percentage we charge before we begin working on your case. When a favorable settlement or judgment is reached, the contingency fee will be deducted directly from that amount, meaning that you will never need to pay our firm out-of-pocket for services received.
What Should You do if You’re Injured on an Unsafe Property?
We know firsthand that experiencing a premises liability accident can be an incredibly stressful experience. To help you deal with the aftermath of your accident, we put the following steps together for you to follow:
Seek medical care: Even if you feel like you escaped serious harm, you should still visit your doctor or an emergency room to get checked out for any undetected injuries. In some cases, adrenaline may mask the symptoms of serious wounds for hours or even days, thus delaying the medical care you may require.
Report the accident: It’s essential to alert the premises manager or property owner to the unsafe condition that caused your accident. They can immediately take steps to remove the hazard and make the space safer for other people.
Obtain witness information & document the scene: If there were any witnesses that saw your accident occur, obtain their contact information. This can be incredibly useful if you decide to pursue a Houston premises liability lawsuit. When there are no witnesses, your lawyer may be able to obtain security footage that shows your accident. You should take photos of the accident scene, if safely possible. Document anything that may have played a role in your injury. If, for example, you slipped on a spill in a grocery store, take photos of the spilled liquid on the floor.
Write down what happened: While the memories of the incident are still fresh, document what happened. As time passes, your memories of the accident may fade, so it’s essential to record this information as soon as possible. Write down as much detail as possible, including who was with you at the time of the accident, exactly where it occurred, and what circumstances led up to your injury.
Contact an attorney: You should always speak to a Houston premises liability attorney after an accident to discuss your legal options. We offer free initial consultations and are happy to discuss your unique case in detail.
Speak to a Premises Liability Lawyer in Houston, Texas Today
Property owners and their insurance companies do not make it easy to collect fair financial compensation for an injury. For example, the property owner may deny liability or the insurer may devalue your losses. Discuss your case with an attorney at The Doan Law Firm before signing anything given to you by an insurance company. We can help you understand your rights and take steps to protect them. Contact us today at (800) 349-0000 or use our online form for a prompt callback.