Property owners in Texas have a duty to keep the premises under their control in a safe condition. People who are injured because of a property owner’s failure to correct an unsafe condition or failure to warn about hazardous property conditions often have premises liability claims.

In many cases, property owners and their insurance companies will argue that a victim’s injuries are entirely the result of his or her own negligence. An injured person should be prepared to prove that he or she was injured due to unreasonably dangerous circumstances.

The best way to ensure a negligent property owner is held accountable is by making sure you retain legal counsel. The Law Office of Richard Schechter, P.C. has been helping people injured by the negligence of others for more than 35 years.

Our firm can fight to help you recover the compensation you are entitled to. Call (800) 734-5612 or complete an online contact form to have our lawyer review your case, answer your questions and explain your legal options during a free consultation.

Premises Liability Attorney in Houston, TX

Most insurers are likely to deny liability in the cases of negligent property owners, but some may try to offer you lump-sum settlements to resolve your case. Chances are, this may be a very lowball amount that is nowhere near what you are actually entitled to.

You should not be fooled when an insurance company representative contacts you and expresses seemingly sincere concern. These agents are only hoping that you will feel relaxed enough to make recollections about your accident in which you inadvertently accept some degree of responsibility.

Do not accept these phone calls from insurance companies. Refuse to speak to them until you have legal representation.

The Law Office of Richard Schechter, P.C. can handle all dealings with insurers and begin negotiating a settlement on your behalf. When an insurer refuses to provide adequate compensation, we file a lawsuit.

Texas Premises Liability Laws

The duty that a property owner owes a person depends on his or her status. Texas law divides individuals into three categories:

• Invitees — Individuals invited onto premises by property owners for the benefit of both the property owner and the invitee. Invitees are owed the highest duty of care.
• Licensees — Individuals who are on premises for their own benefit with the consent of property owners. Licensees must be warned of potential dangers.
• Trespassers — Individuals who on premises without permission are owed no duty of care from property owners. Property owners cannot knowingly cause injuries to trespassers.

Under the “attractive nuisance” doctrine, property owners with objects or conditions likely to attract children too young to appreciate the inherent dangers (such as swimming pools or trampolines) do have a responsibility to make them inaccessible to such trespassers.

Most customers at businesses are considered invitees. Common locations of premises liability accidents include hotels, restaurants, apartment complexes, grocery stores, shopping malls, retail stores, concert venues, commercial businesses, hospitals, nightclubs, office buildings and parking lots.

Because the victim’s degree of fault is often central to most premises liability claims, it is important to remember that Texas Civil Practice and Remedies Code § 33.001 establishes that a person cannot recover damages if he or she is more than 50 percent at fault for his or her accident. Under Texas Civil Practice and Remedies Code § 33.012, a victim’s damages are also reduced by a percentage equal to his or her percentage of responsibility.

This means, for example, a person awarded $100,000 but found to be 10 percent at fault would have his or her damages reduced by $10,000 and ultimately receive $90,000.

Causes of Premises Liability Accidents

The Law Office of Richard Schechter, P.C. has handled many different kinds of premises liability claims. Some of the most common tend to include, but are not limited to:

• Slip and Fall Accidents
• Failure to Provide Adequate Security
• Falling Objects
• Animal Attacks
• Drownings
• Inadequate Fire Escapes
• Electrocutions

Serious premises liability accidents cause much more significant harm than just simple embarrassing moments. In many cases, victims require lengthy periods of hospitalization, one or more surgeries, physical rehabilitation and months or years of follow-up care.

Additionally, financial problems arise when injuries prevent victims from being able to return to work.

The Law Office of Richard Schechter, P.C. handles not only premises liability cases involving broken bones and muscle strains, but our firm represents people who have suffered catastrophic injuries such as paralysis, traumatic brain injuries (TBIs) or spinal cord injuries. Our firm understands the full lifetime of care these victims will require.

Damages for Premises Liability Accidents

In general, civil litigation is frequently resolved through settlements rather than trial. However, some insurance companies will stand firm in opposing any kind of payout to victims and will instead take their cases to court.

In a civil trial, the victim will generally need to prove the standard elements of a negligence claim (duty of care, breach of duty, breach caused injuries, injuries caused damages) by a preponderance of the evidence, meaning more than half the evidence supports the victim’s claims. In such cases, a jury will award the victim compensatory damages.

Compensatory damages may include a combination of economic damages and noneconomic damages. Economic damages are calculable losses, such as medical expenses, property damage, lost income, loss of earning capacity and out-of-pocket expenses. Noneconomic damages are more subjective, and may include pain and suffering, emotional distress and/or aggravation of a pre-existing condition.

Contact a Houston Premises Liability Lawyer

Did you or your loved one recently suffer severe injuries in an accident caused by a property owner’s failure to correct or warn you about a dangerous condition? You will want to immediately contact the Law Office of Richard Schechter, P.C.

Our firm will conduct a thorough independent investigation of your accident scene to secure important evidence and make sure all negligent parties are held fully accountable. Our attorney can provide a complete evaluation of your case when you call (800) 734-5612 or contact us online to receive a free consultation.