If you’ve been injured on someone else’s property in Houston, Texas, you may have the right to seek compensation for your injuries. Under Texas law, property owners are responsible for maintaining their premises in a safe condition, ensuring that visitors or tenants are not exposed to unreasonable risks of harm.
This legal area is known as premises liability. If you’ve been hurt due to dangerous conditions on another person’s property, it’s important to understand what you can do to protect your rights and hold the responsible parties accountable.
At AP Law Group, we assist victims of premises liability accidents in Houston and the surrounding areas. As experienced Houston premises liability lawyers, we can guide you through the complex legal process, help you gather evidence, and fight for the compensation you deserve.
Houston Premises Liability Guide
- What Is Premises Liability?
- Common Examples of Premises Liability Claims in Houston
- How Do You Know If You Have a Valid Premises Liability Claim?
- Types of Damages You Can Claim in a Premises Liability Case
- Common Misconceptions About Premises Liability Claims
- Top Reasons to Choose AP Law Group as Your Houston Premises Liability Lawyer
- Get the Legal Help You Deserve—Contact AP Law Group Today!
What Is Premises Liability?
Premises liability refers to the legal principle that holds property owners accountable for injuries that occur on their property due to unsafe conditions or negligence.
Property owners are required to take reasonable steps to ensure the safety of guests, tenants, and others who are lawfully on the premises.
In general, the extent of a property owner’s responsibility depends on the status of the person who is injured. In Texas, the following categories apply:
- Invitees: These are individuals invited onto the property for business purposes, such as customers in a store or employees on the job. Property owners owe the highest duty of care to invitees, ensuring that the premises are reasonably safe.
- Licensees: These are people who enter a property for their own benefit or pleasure, like guests at a private home. Property owners owe a duty to warn licensees about hidden dangers that the owner is aware of but might not be obvious to the guest.
- Trespassers: Property owners have the least responsibility to trespassers, except when the trespasser is a child, in which case property owners must take steps to protect them from dangers like swimming pools or unguarded machinery.
In any of these cases, if the property owner fails to maintain a reasonably safe environment or warn of known hazards, and the person is injured as a result, they may be entitled to seek damages through a premises liability claim.
Common Examples of Premises Liability Claims in Houston
There are many types of accidents that can result in a premises liability claim. Here are some of the most common scenarios:
1. Slip and Fall Accidents
One of the most common causes of premises liability claims involves slip and fall accidents. These can happen in grocery stores, shopping malls, restaurants, and other places where the floors may become wet, slippery, or uneven.
Texas property owners are required to ensure their floors are safe and free from hazards like spilled liquids, loose rugs, or icy sidewalks. If the property owner was aware of the danger (or should have been aware) and failed to fix it or warn visitors, they can be held liable for injuries caused by a slip and fall.
2. Inadequate Lighting
Poor lighting is a significant safety hazard that can lead to accidents. If you’re walking in a dimly lit parking lot, hallway, or stairwell and trip or fall due to not being able to see clearly, the property owner may be responsible if they failed to provide adequate lighting.
In many premises liability cases, inadequate lighting is a factor that leads to preventable accidents.
3. Inadequate Security
Property owners and businesses are required to provide reasonable security to protect visitors from criminal activity.
If a business or apartment complex fails to provide adequate lighting, security personnel, or surveillance cameras, they could be held responsible for injuries or damages caused by criminal activity on the premises. If you’re a victim of assault or robbery due to inadequate security, you may be entitled to compensation.
4. Trip and Fall Accidents
Trip hazards, like uneven sidewalks, potholes, or broken steps, are common causes of injury.
If you trip and fall due to a hazardous condition that the property owner knew about (or should have known about), you may have grounds for a premises liability lawsuit. Property owners must repair these hazards in a timely manner or clearly mark them so visitors are aware of the risk.
5. Defective Equipment or Machinery
In public places like amusement parks, gyms, or even shopping malls, defective or poorly maintained equipment can cause accidents. If you’re injured while using something like a malfunctioning escalator or exercise machine, the property owner could be held liable if they failed to maintain or repair the equipment properly.
6. Swimming Pool Accidents
Houston is home to many pools, both public and private, and property owners are responsible for keeping swimming pools safe.
This includes securing the area with fences, ensuring the water is clean and safe, and warning visitors of any potential dangers (like wet surfaces or inadequate lifeguard coverage). The property owner may be liable if you’re injured in a swimming pool accident.
How Do You Know If You Have a Valid Premises Liability Claim?
If you’ve been injured on someone else’s property, you may wonder if you have a valid premises liability claim. Several important factors need to be established in order to move forward with a claim:
1. There Was a Dangerous Condition on the Property
To file a premises liability claim, there must have been a hazardous condition on the property that caused your injury. This could be something like a wet floor, a broken step, inadequate lighting, or other risks that posed an unreasonable danger.
2. The Property Owner Knew About the Hazard or Should Have Known About It
Property owners are required to take reasonable steps to identify potential dangers. If the property owner knew about the hazard or should have known about it (because they failed to inspect the property properly or ignored prior complaints), they may be liable for any injuries that occur as a result.
3. The Property Owner Failed to Fix the Hazard or Warn Visitors
Once a property owner is aware of a hazardous condition, they must either fix it or warn visitors about it. If they fail to do so, and you’re injured as a result, you may have a valid premises liability claim.
4. You Were Lawfully on the Property
In order to bring a premises liability claim, you must have been on the property legally. If you were trespassing or violating the terms of your visit, you may not have grounds for a claim.
However, Texas law allows injured parties to recover damages even if they were partially at fault, as long as they are not more than 50% responsible for the accident (comparative negligence).
Types of Damages You Can Claim in a Premises Liability Case
If you’re successful in proving that the property owner was negligent, you may be entitled to various types of damages. Here are some of the damages you could pursue in a premises liability claim:
1. Medical Expenses
This includes compensation for any medical treatment you require due to the injury, such as hospital bills, doctor visits, surgeries, physical therapy, and future medical expenses if your injury requires ongoing treatment.
2. Lost Wages
If your injury caused you to miss work, you may be able to claim compensation for your lost wages. This includes the salary you would have earned during your recovery period, as well as any future lost earning potential if your injury affects your ability to work long-term.
3. Pain and Suffering
In addition to tangible damages like medical bills and lost wages, you may also be entitled to compensation for the pain and suffering you experienced due to the injury. This includes both physical pain and emotional distress.
4. Property Damage
If your personal property was damaged in the accident (for example, your phone was broken in a fall), you may be able to claim compensation for the repair or replacement of the property.
5. Punitive Damages
In some cases, if the property owner’s conduct was especially reckless or malicious, you may be entitled to punitive damages. These are designed to punish the defendant and deter others from engaging in similar conduct.
Common Misconceptions About Premises Liability Claims
There are several misconceptions about premises liability that may prevent people from pursuing claims. Let’s address a few of the most common:
“I Can’t Win If I Was Partially At Fault.”
Texas follows a comparative negligence rule, meaning you can still recover damages if you were partially at fault for the accident. As long as you are less than 51% responsible for the injury, you can receive compensation, although it will be reduced in proportion to your percentage of fault.
“Premises Liability Claims Are Easy to Win.”
In reality, premises liability cases can be quite complicated. Property owners and insurance companies often fight these claims, so having experienced legal representation is essential. Without proper legal help, you may not receive the full compensation you deserve.
“The Property Owner’s Insurance Will Cover Everything.”
Insurance companies are in the business of minimizing payouts. Even if the property owner has insurance, you may need assistance when filing a claim.
Insurance adjusters may downplay the extent of your injuries or offer you a low settlement. Having an experienced premises liability lawyer on your side can help ensure that you receive a fair offer.
Top Reasons to Choose AP Law Group as Your Houston Premises Liability Lawyer
If you’ve been injured in a premises liability accident in Houston, you deserve legal representation that is committed to fighting for your rights. Here are five reasons why you should choose AP Law Group to handle your case:
1. Proven Track Record of Success in Houston Premises Liability Cases
At AP Law Group, we have a history of helping clients successfully recover compensation for their injuries from premises liability accidents.
Whether you were injured in a slip and fall at the Galleria, assaulted in a poorly lit parking lot near Rice Village, or hurt by a broken step in a local restaurant, our team has experience with the specific challenges Houston premises liability cases present. We know how to build strong cases and handle the legal complexities, ensuring you have the best chance of securing a favorable outcome.
2. We Understand the Houston Area and Local Property Issues
Houston is a unique and diverse city, with commercial areas, residential neighborhoods, and public spaces that each present their own set of potential hazards.
We are deeply familiar with Houston’s local roads, businesses, and properties—from high-traffic areas like Downtown and Midtown to quieter residential zones like River Oaks and The Heights. This knowledge gives us the advantage of understanding the specific challenges property owners and businesses in Houston face, which helps us craft tailored strategies for each client.
3. Comprehensive Approach to Investigating Your Case
In premises liability cases, gathering evidence is critical to proving negligence. We take a comprehensive approach to investigating your claim.
From obtaining security footage and eyewitness testimonies to examining past reports of similar accidents and inspecting the property for safety violations, we leave no stone unturned. Our attention to detail ensures that we can build a strong case that stands up to the defense’s tactics, whether they’re arguing you were at fault or denying that the property was dangerous.
4. Personalized Attention and Clear Communication
We understand that dealing with an injury is stressful and confusing. At AP Law Group, we prioritize clear, open communication with our clients. We take the time to listen to your concerns, explain your options, and ensure you fully understand each step of the legal process.
We know you need more than just a lawyer—you need an advocate who will support you every step of the way. Our team is dedicated to answering your questions and keeping you informed so that you feel confident moving forward with your case.
5. We Fight Against Insurance Companies to Get You the Compensation You Deserve
In most premises liability cases, you’ll be dealing with the property owner’s insurance company. These companies are often more concerned with protecting their bottom line than fairly compensating you for your injuries. At AP Law Group, we are not intimidated by large insurance companies and their tactics.
We are aggressive in fighting for our clients’ rights, whether that means negotiating for a fair settlement or taking your case to court if necessary. We fight for the compensation you deserve, covering medical expenses, lost wages, pain and suffering, and more.
Get the Legal Help You Deserve—Contact AP Law Group Today!
If you’ve been injured due to unsafe conditions on someone else’s property in Houston, you don’t have to face this challenging situation alone. AP Law Group is here to help you get the justice and compensation you deserve.
Contact us today at (713) 913-4627 for free, no-obligation consultations. We’ll review the details of your case and provide you with the guidance you need to make informed decisions about your next steps.