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Premises Liability Attorney In Houston, Texas
Property owners have a responsibility to provide a safe environment for patrons and guests. Whether walking the aisles at the grocery store or taking the family to the amusement park, you have a right to feel safe. When that right is violated due to a property owner’s negligence, you may be entitled to compensation.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our premises liability lawyers in Houston have extensive experience protecting victim’s rights. If you or someone you love has been injured due to the careless or negligent acts of a property owner, Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will fight to recover the damages you deserve. You can contact us for a free consultation of your injuries by clicking here or calling 713-222-7211 or toll-free at 888-229-5094.
Understanding Premises Liability: Who Is Responsible for Your Injuries?
Premises liability claims can be challenging. While property owners have a duty to provide a safe environment for visitors, different properties and circumstances have a profound effect on a claim.
For example, suppose you are walking down the aisles of your local grocery store and slip and fall on a puddle of water. Was there a sign that stated, “wet floor”?
Conversely, suppose you are injured in a fall at a friend’s birthday party in their home. Your friend rents from a landlord. Is the landlord responsible for your injuries? In most scenarios, a landlord is not accountable for the injuries of the tenant’s guest, but the occupant of the property may be. It is always best to consult an attorney for advice about your situation.
Farms, construction sites, nightclubs, and residences may have varying definitions of visitor responsibility. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our premises liability attorneys in Houston have decades of experience. If you or a loved one have been injured on someone else’s property due to negligence, our team is here to provide the support and guidance you need.
What is a Property Owner’s Duty of Care in Texas?
In Texas, a property owner may owe a different duty of care depending on the visitor. Typically, all visitors are divided into three categories.
Invitee:
If the property or landowner has invited or given permission for a visitor to come on their land, they are traditionally owed a reasonable care duty. Usually, family, friends, and neighbors fall into this category. It is expected when you visit a relative’s farm, for example, that they provide a reasonably safe environment.
Licensees:
A licensee typically has their own interests in entering a property and will seek the landowner’s permission before doing so. For example, suppose you are in alarm sales and are invited for an installation appointment. Or, perhaps you are a veterinarian who specializes in livestock and are given permission to come to the farm. It is sensible that you would expect to be safe from dangerous conditions or unreasonable risk of harm. If there are hazards, the landowner has a duty to warn of the danger if the licensee is not likely to discover it.
Trespassers:
Trespassers, on the other hand, are not given permission to enter the property. A trespasser may be a burglar breaking and entering your residence. According to Texas law, a trespasser is defined as “a person who is on the property of another without any right, lawful authority, or express or implied invitation, permission, license, or not in the performance of any duty of the owner or person in charge or on any business of such person…[They are on the property] for their own purpose, pleasure, convenience, or out of curiosity.”
Landowners do not have any duty of care to trespassers, with the exception of children. In these instances, a property owner owes a duty to exercise reasonable care to avoid a foreseeable risk of harm. Typically, this applies to circumstances involving swimming pools or an open well without markings.
Premises liability can be complicated. It is important to speak to an experienced Houston premises liability lawyer to determine how to proceed with your case. If you are injured due to a landowner’s carelessness, the knowledgeable attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can help.
How a Premises Liability Lawyer in Houston Can Help
Premises liability cases are unique and have specific requirements. There are four elements to a premises liability claim. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we will;
Determine who is liable:
First and foremost, we will uncover who caused your injury. The person who owned, occupied, or leased the property has a duty to inspect the land or building to ensure it was in reasonably good condition for its purposes.
For example, suppose someone’s dog bites your child. The dog’s owner is reasonably responsible for keeping their dog either on a leash or away from visitors. You may have grounds for a premise liability case against the dog’s owner.
That the property owner was negligent
Not every accident on a person’s property is reason enough for a premises liability claim. The property owner must be shown to be negligent, that they failed to use a standard of care required for that particular scenario.
For instance, suppose you are an alarm systems manager with permission to inspect the building’s security. The building is currently being remodeled, and most of the site is a construction zone. If workers failed to block off a particularly hazardous area, like an empty elevator shaft or missing piece of floor, that could be considered negligence. Your Houston slip and fall lawyer can investigate your case to determine negligent actions.
The extent of your injuries
If you slip and fall in a general store but are not hurt, then there are no damages to recover. However, if you slip and fall and dislocate your arm, break your ankle, or suffer a concussion, speaking with a premises liability attorney in Houston, Texas can help.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we can help show the extent of your injuries through your testimony, medical records, and testimony from your doctor. The scope of your injuries and if you will need ongoing care will affect the damages you are owed.
Your injuries were the result of the owner’s negligence
Finally, we will prove how your injuries were a result of the property owner’s negligence. If you or a loved one has been injured, your harm must have been reasonably foreseeable by the owner. While the land or property owner’s carelessness may not be the sole reason for your injuries, they must have contributed.
For example, when you vacation in a hotel, it is reasonable to expect the hotel to provide a certain level of safety. If you stumble on the steps, you may reach out to the railings for support. However, if the hotel owner has failed to repair worn and broken handrails, it may break off, sending you tumbling down a flight of stairs. If you break your leg or injure your spine, you may be entitled to compensation.
Common Premises Liability Cases We Handle
We handle cases involving issues such as:
- Swimming pool accidents and drownings
- Negligent supervision in daycare establishments
- Food poisoning in restaurants and other commercial venues
- Stairway accidents because of weak or missing railings, risers and steps
- Electrocution due to exposed or faulty wires
- Festival or event accidents
- Injuries resulting from negligent security
- Slip-and-falls in businesses
- Animal attacks
Building codes and other laws exist to protect the public when visiting others’ property. One way of proving that a property owner was negligent is to show that he or she failed to comply with building codes and laws.
When you need an aggressive attorney to find the critical evidence you need, call Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today.
A $700,500 verdict with a confidential high-low settlement:
When a client custodian at Seoul Baptist Church of Houston was hurt, firm partner Benny Agosto, Jr obtained a confidential settlement during a negligence trial. The Seoul Baptist Church hired LA Painting, Inc. to paint the church’s gym. The client was unaware of the work being done. The painters left five large staging tables, one leaning on the other, against the wall. The tables covered the light switch to the main gym area. When our client went to turn off the lights, the tables came crashing down on top of her. Her leg was shattered. Once our client received medical treatment, she had a compound break in her lower leg that required multiple surgeries to repair. Still, after all the medical treatment, our client continues to suffer pain from a permanent limp. Her leg remains grossly disfigured. Premises liability lawyer in Houston, Benny Agosto, Jr represented her in court, convincing a jury of the Seoul Baptist Church’s negligence. The jury awarded her $700,500; however, the parties entered into a confidential high-low settlement prior to the verdict.
Premises Defect Causes 20-foot fall:
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner represented another client in a confidential settlement. When a roofer was severely injured after a 20-foot fall, Firm Partner Brant Stogner represented him in a premises liability case against a Houston commercial building. Our client was on the property to inspect the roof of the building in order to make bids for the HVAC work that needed to be done. To make his way up to the roof, he reached for a ladder that was bolted on the side of the building. However, when reaching, he fell over, falling 20 feet and suffering multiple fractures. The Houston commercial building was leased to a local business. There was no internal access to the roof. Attorney Brant Stogner claimed the owner and the tenant were negligent, alleging an unreasonably dangerous condition, the ladder. Our slip-and-fall lawyers uncovered critical evidence in the case. The ladder, bolted to the side of the building, did not comply with existing code regulations. Also, the ladder lacked the basic safety components needed to make it reasonably safe. While the owner and tenant maintained that no one else has ever had difficulties using the ladder for access to the roof and that our client was responsible for his own injuries, a six-figure confidential settlement was reached.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we believe our clients deserve compensation for a property or landowner’s negligence. Our premises liability lawyers in Houston, Texas, will fight for your rights and secure the damages you need to put the pieces of your life back together. Damages can include;
Compensation for your medical expenses
If you are injured on another person’s property, please seek medical attention immediately. Depending on the severity of your injuries, you may need extensive medical treatment and ongoing care. Medical expenses can include
- The ambulance ride to the hospital
- Surgery or multiple surgeries
- The hospital stay
- Physical therapy
- Occupational therapy
- In-home care
If your injuries are life-altering, leaving you to face an ongoing financial burden. An effective personal injury attorney can secure compensation for your current medical expenses and an estimated sum for future medical bills.
Lost income if you are unable to work
When you are too injured to work, the loss of income can be a painful burden. Suppose you are employed in a refinery but have suffered a broken arm in a slip and fall accident at the grocery store. In that case, you are temporarily unable to run the heavy machinery and equipment necessary to do your job. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we believe you are entitled to the wages you would have earned so you can focus on healing.
Alternatively, if your injuries are debilitating, rendering you disabled, and you cannot return to work in the future, you may be able to recover loss of future earnings. Your Houston premises liability attorney will need to show that you cannot perform your previous tasks and cannot reasonably move to a different industry. This type of recovery is common in incidents of paraplegia and severe traumatic brain injuries.
Pain and suffering damages
When you are injured, it can be difficult to measure the amount of pain you suffer. Pain and suffering damages are considered non-economic, meaning they cannot be easily assigned a dollar value like the intrinsic damages of medical bills and loss of income. Instead, pain and suffering damages are calculated by;
- The physical pain caused by the accident
- The physical pain and discomfort experienced while recovering, including painful diagnostic testing and therapeutic treatments.
- Sufferers usually experience mental anguish, anxiety, sleeplessness, and other psychological effects
Loss of enjoyment of life
Loss of enjoyment damages refers to a diminished or inability of an injured person to participate in the activities and pleasures they formerly enjoyed. There are a host of different factors a jury can consider. For example, are you unable to enjoy dancing, hiking, or other recreational activities? Are you unable to continue your volunteer work? Can you participate in the same social activities, like bike riding with the family or gardening? If your injuries are so extensive that you can no longer participate in the activities that once brought you joy, you may be able to recover loss of enjoyment of life damages.
Punitive damages
Punitive damages are awarded as a way to punish the negligent party and are not calculated by the injuries suffered by the plaintiff. When a person or business is grossly negligent, punitive damages serve to deter others from acting similarly. An example of punitive damages would be if the property owner consciously disregarded your safety. If you feel your case qualifies for punitive damages, please talk to one of our expert slip and fall lawyers in Houston, Texas.
Why Choose Us as Your Premises Liability Attorney in Houston?
The dedicated attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner have been serving Texas’ injured since 1951. Our Houston premises liability lawyers have the skills and resources you need to maximize your compensation. If you or someone you love has been injured due to a property owner’s negligent or careless acts, Abraham, Watkins, Nichols, Agosto, Aziz & Stogner are here for you.
Let our highly sought personal injury attorneys protect your rights so you can focus on what is most important; your family and your recovery. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we will secure the damages you deserve, including;
- Full compensation of your medical expenses
- Lost wages if you are unable to work
- Loss of future income damages
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against a grossly negligent party
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we offer free evaluations of your case. You can contact us for a free consultation of your injuries by clicking here or calling 713-222-7211 or toll-free at 888-229-5094.
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