Houston Texas Premises Liability Laws

If you or a loved one were injured on someone else’s property in Houston, you may be entitled to damages for lost wages and medical care. If you want to pursue a lawsuit, it’s important to secure a lawyer with experience in Texas premises liability and negligence law. There are key differences between general negligence cases and premises liability cases; learning more about them will help you know where to begin.

Premises Liability Versus Negligence

Though both involve issues of negligence, a premises liability case is not the same as a general negligence case. The top Houston attorneys at Carabin Shaw can review all the details of your case to determine the best course of action for you. We have a long, winning history as personal injury advocates for Texans, and we offer everyone free initial consultations and case reviews.

As soon as possible you should learn whether you are pursuing a negligent act case or a premises liability case. The biggest difference between these is that a negligent act occurs during “ongoing activity,” or an action that happens directly to you. Premises liability concerns the condition of the premises or land on which you were injured.

An example of a negligent act would be a worker dropping equipment on a customer in a store. Premises liability would become a concern if a customer were injured by a wet floor in a store that hadn’t properly cleaned or placed signage in the area. If you’re wondering about which legal route to pursue, our Houston premises liability lawyers can help.

Proving Liability

In Texas, the injured party must prove three things in a premises liability case:

• First, that the plaintiff is owed a specific legal duty by the defendant.
• Second, that the defendant knowingly breached that duty due to hazardous conditions on their property.
• Third, that the plaintiff is owed damages due to their injuries on the defendant’s property.

Our personal injury attorneys know Texas premises liability laws and how they can best be used to win your case. You should check out Carabin Shaw’s client reviews to learn more from other Texans we’ve fought and won for. Our transparency and determination continue to be appreciated by our clients as they navigate their legal pursuits.

The Different Types of Property Visitor

The duty owed to you by a Houston property owner is determined by your visitor classification on the premises when you were injured. In premises liability cases, you can be classified as one of three types of visitor:

• Licensee: This is a person who enters an owner’s property with the owner’s expressed or implied consent, and this person is there for their own benefit or is working for someone else. Examples of licensees are social guests, salespeople, landscapers, plumbers, and food delivery drivers.
• Invitee: This is a person who enters an owner’s property with the owner’s expressed or implied consent, but in this case both parties stand to benefit. Examples of invitees are store customers, hotel guests, restaurant diners, and office clientele.
• Trespasser: This is a person who enters an owner’s property unlawfully, without the owner’s consent.

Invitees are owed the highest duty of care—owners are required to inspect their property for potential hazards or dangerous conditions, fix them or make them safe, and provide a warning to invitees for anything known by the owner but not visitors.

Licensees must receive adequate warning of any dangers unknown to them on the owner’s property, but the owner does not need to inspect the property prior to their visit.

Trespassers receive the lowest duty of care by property owners; they are only owed that the owner does not cause their injuries willfully or with gross negligence.

When you’re ready, we’d love to answer any of your questions. Our toll-free number is 800-862-1260, and we have both English and Spanish-speaking representatives available to speak with you 24/7.

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