Premises Injury/Falls

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Houston Premises Liability Attorney

We are proud to represent drivers throughout Houston, Pasadena, Pearland, and League City, TX, and the surrounding communities.

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Every single day, we enter property that is owned by someone else – it could be a store, a parking lot or some other business. Sometimes those properties can hide dangerous conditions that pose an unreasonable risk of harm to the general public. In those cases, the store or property owner must take reasonable precautions to make the area safe or warn visitors of potential dangers. If they fail to do so, you may have a valid case under Texas premises liability laws.

An experienced Houston TX premises liability attorney will be able to determine whether your injury meets the factual standard to be treated as a premises liability case.

To get started on building your case, we welcome you to contact our office and schedule a consultation.

What Is a Premises Injury?

A premises injury happens when you are injured by hazardous or generally unsafe conditions on someone else’s property. This scenario is also known as premises liability.

Just because you were injured on someone else’s property doesn’t mean you have a valid premises liability case. Similarly, just because the property you were injured on was in an unsafe condition doesn’t always mean that the property owner will be found negligent. It all depends on the specific details and circumstances of your case.

The court will usually find that if the property owner is negligent, then they did not use reasonable care regarding their property. You will most likely have to prove that the property owner knew or should have reasonably known that their premises were unsafe, yet still decided not to fix the problem until someone got injured. Another key issue is whether the owner took any steps to warn visitors of the danger, such as posting warning signs.

The Principles of Premises Liability

KEEP IN MIND THE FOLLOWING:

Premises liability law involves the legal principles that hold property owners responsible when someone enters their property (regardless of the reason) and is injured by a dangerous condition on the property. The specific duty of care that the defendant owes you will vary, depending upon whether you were a licensee, trespasser, or invitee when the premises injury occurred.

Duty of Care

This is the legal obligation to avoid an act or inaction that could reasonably be seen to harm others.

Breach of Duty

In a breach of duty, the party that owed the duty of care fails to uphold the expected legal standard of care.

Damages

An injury only qualifies for legal damages if the breach of duty can be shown to be the cause of that injury.

Licensee

Legally, a licensee is someone who has express or implied permission to be on another person's property as a guest.

Trespasser

A trespasser is someone who enters another person's property without implied or express permission and without legal right.

Invitee

An invitee is asked to come onto someone's property. The invitation can be implied. Invitees are owed the highest duty of care legally.

Common Types of Premises Injury

Slip-and-fall cases are the most common types of accidents resulting in premises liability. Other common types of premises liability claims include.

Wet or slippery floors, puddles or ice buildup, or spilled substances

Dangerous steps or stairs, loose or broken floorboards

Poorly maintained premises or bad lighting

Aggressive dogs or other animals, and unsecured swimming pools

  • Licensee, trespasser, or invitee?

    Invitees and licensees both have permission to be on a property. Invitees are usually friends, family, or neighbors of the property owner. Property owners owe a duty of reasonable care to keep their property safe for any and all invitees.

    A licensee also has the property owner's permission to enter the property, but for a specific purpose. For example, a licensee could be a salesman whom the property owner allows onto their property or into their home.

    Landowners tend to owe a less rigorous duty of care to licensees. Usually, licensees are only subject to a duty to warn. This means that a property owner would only need to warn a licensee about potentially dangerous conditions that might create an unreasonable risk of harm. This duty, however, only applies if the licensee likely won’t discover the dangerous condition on their own and if the property owner is aware of the unreasonable or dangerous condition.

    Backyard bbq by a pool

  • Is there a duty to trespassers?

    A trespasser is a person who does not have the permission of the property owner to be on the property. In the past, property owners did not owe any duty of care to trespassers unless the trespasser turned out to be a child.

    In Texas, as a trespasser, the only duty of care you were entitled to from the defendant was the duty not to cause you injury by willfully, wantonly, or grossly negligent means.

    Fenced yard with private property sign

  • The Law of Attractive Nuisance

    The law of attractive nuisance often arises in Texas premises liability cases. This law requires property owners to be held liable for injuries to children/minors who trespass on their property if the injury results from objects that appear to be fun or entertaining.

    For this law to apply, there must be a dangerous set of objects or a dangerous condition on the property. The hazardous condition or object must be likely to attract children who would be unable to understand or assess the risks involved with interacting with it.

    Examples of attractive nuisances include construction equipment, a gravel pit, or a swimming pool. Under the law of attractive nuisance, property owners are required to take all necessary steps to keep children away from dangerous objects or conditions on their property. To accomplish this, a property owner might install a fence, erect barriers, or install locking doors to keep the attractive nuisance out of a child’s reach.

    Construction equipment children might want to play on

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A serious injury disrupts your health, work, family plans, and peace of mind. You should not have to enforce legal rules or negotiate with insurance companies alone. We bring order to the process, keep you informed, and take the time to explain each decision clearly.

If you want more information about premises liability and your potential case, contact the experienced premises lawyers at Gustin Law Firm today. We serve clients in Houston and across Texas, and we can leverage our experience to help you.