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Premises Liability

If an individual suffers harm whilst visiting another’s property, and the injury was due to negligence of the property owner, this is called premises liability. Premise liability is a type of personal injury law that can take many forms such as slip and falls, negligent security, and negligence by a landlord. Any property owner who does not keep their property clear from hazards can be held responsible under premise liability law.

Property owners have a responsibility to maintain safe conditions for the general public.  Defendants may make the argument that victims of negligence created their own injuries on their property. A skilled personal injury attorney can investigate your claim and evaluate if you are entitled to certain damages.

Premises Liability Attorneys in Montgomery County, Texas

Texas law states that if hazardous conditions arise on a property, it is the owner’s responsibility to handle those concerns. Unsafe environments can create physical harm and lasting damage. Those injured by negligence on another’s property may be eligible to obtain compensation.

Have you been injured by person or establishment’s poorly maintained premises? It is important that you seek a premise liability attorney. The lawyers at Evans & Powell, PLLC are passionate about advocating for those who are victims of negligence.  With years of experience in Texas civil courts, our attorneys understand the ins and outs of liability law.

Negligent property owners are putting their visitors or patrons at risk. We want to help you recover whether it is an injury from a slip and fall, dog bite, negligent security, or other avoidable circumstance. Do not precede any further without a trusted legal partner. Contact the attorneys at Evans & Powell, PLLC today.

Evans & Powell, PLLC accepts clients throughout the greater Montgomery County area including Conroe, Houston, Magnolia, Splendora, Willis, and Oak Ridge North.

We want to guide you through this legal process and aid your recovery. Call the attorneys at Evans & Powell, PLLC today, and schedule a free consultation.

Overview for Premises Liability in California

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Causes for Premises Liability

Premises liability can apply to both public and private properties in Texas. A claim can be filed for premises liability for a small business to a large corporation. A few unsafe conditions that can lead to injury include, but are not limited to:

  • Collapsing decks
  • Icy sidewalks
  • Stairways without adequate handrails
  • Cracked or broken sidewalks
  • Exposed wiring
  • Wet floors
  • Falling equipment
  • Negligent security
  • Dog bites or attacks
  • Failure to provide adequate lighting
  • Negligent employees
  • Malfunctioning elevators or escalators

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Types of Premises Liability Cases in Montgomery County, TX

Premise liability serves as an umbrella term for several types of liabilities. Different elements must be proven for each type of liability case. Every liability case, however, incorporates negligence from the property owner in some way.

 Premises Negligence Case

For a standard premises negligence case, the plaintiff due to an owner’s negligence sustained injury. Typically these claims surround dangerous conditions or circumstances that make the property’s premises volatile. An example of this could be if a sidewalk was badly cracked and induced the victim to fall.

In order to prove liability, the plaintiff must establish that:

  • A dangerous condition was present on the property;
  • The condition caused an injury;
  • The operator of the premises knew, created, or should have known about the condition;
  • The operator of the premises failed to correct he condition before the injury occurred.

Negligent Undertaking

Property owners who fail to uphold his or her duty or obligation that results in injury is considered negligent. All premise operators must fulfill his or her obligations for the safety of visitors or patrons. Many negligent undertakings revolve around a landlord and tenant relationship.

In order to prove liability in a negligent undertaking case, the plaintiff must establish that:

  • The defendant assumed a duty to the plaintiff;
  • The plaintiff relied on the defendant to perform that duty;
  • The plaintiff was injured as a result of the defendant’s failure to perform that duty.

Negligent Activity

If an employee of a landowner causes injury to the plaintiff, this is considered negligent activity. Untrained or hostile employees of establishments or businesses can be a threat to the public. An example of this could be if an employee at an amusement park falls asleep while controlling a ride.

In order to prove liability in a negligent activity case, the plaintiff must establish that:

  • The employee did not act as a prudent person would have acted under the circumstances;
  • This behavior resulted in an injury to the plaintiff.

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Legal Status in Conroe, Texas

In Texas, there are three types of visitors or patrons. Depending on the visitor status, a landowner’s liability to the visitors can change. The following are the three types of visitors that can enter an establishment or property in Texas.

  • Licensee
    • A licensee if a person who enters a property with the owner’s implied knowledge, but does not necessarily results in mutual benefit for both parties. An example of a licensee may be a public servant performing a duty, such as a health inspector. A property owner’s standard of care requires him or her to maintain a property in a reasonably safe manner and repair any known defects.
      • A plaintiff who is an licensee must prove that:
        • The defendant had actual knowledge of an unsafe condition on the property that posed an unreasonable risk of harm;
        • The licensee did not have similar knowledge;
        • The defendant failed to exercise reasonable care by both failing to warn of the condition and failing to correct the condition; and
        • The defendant’s failure or negligence was the proximate cause of the licensee’s injury.
  • Invitee
    • Invitees are people who enter a premise or property with the owner’s express or implied knowledge, and results in mutual benefit for both parties. Examples of this can be employees or patrons of a business. Owners of a premises have a higher standard of care to invitees than licensees. The owner of the premises must not only maintain the premises but also inspect the premises for defects that could cause injury.
    • A plaintiff who is an invitee must prove that:
      • The defendant had actual or constructive knowledge of a condition on their premises that posed unreasonable risk of harm;
      • The defendants failed to exercise reasonable care by failing to warn of the condition and failing to correct the condition; and
      • The defendant’s failure was the proximate cause of the invitee’s injury.
  • Trespasser
    • Those who enter premises without the owner’s express or implied knowledge are a trespasser. Property owners owe no duty of care to a trespasser, other than to not injure a trespasser intentionally or recklessly. An example of where a property owner may be liable for injuries due to willful, wanton or gross negligence would be if a property owner set a trip wire for the intruder.

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Damages for Property Liability in Texas

Those who have been injured by negligence on another’s property, have the right to file a claim. If the plaintiff is successful on filing their claim, he or she may be entitled to compensation for the following damages including:

  • Past, present, and future medical costs;
  • Loss of present or projected earnings;
  • Emotional and psychological distress; and
  • Pain and suffering.

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Additional Resources

Texas Civil Liability Laws – Visit the official website for the Texas Statutes. Find more information regarding liability in torn laws, which states the limitations of landowner’s liability. Learn more about agricultural landowners, property owners liability over certain electric utilities, and limitation on monetary damages for private landowners.

TXI OPERATIONS, L.P., Petitioner, v. David PERRY Respondent – Find more information regarding a Supreme Court of Texas case between plaintiff TXI OPERATIONS and defendant David Perry. In this premise liability case, invitee David Perry drove through rural unpaved roads with several large potholes and was injured as a result. The premise owner doe not challenge whether it had a duty to warn, but instead claims that a 15 miles-per-hour speed limit sign posted near the pothole is adequate enough warning. The Supreme Court of Texas ruled that this was not enough, and reaffirmed the prior judgment from the court of appeals.

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Lawyer for Premise Liability in Conroe, Texas

It can be painful to suffer from an injury due to another’s negligence. Rising medical bills, missed work time, and the pressure of recovery can be overwhelming. There is no reason for you to be in pain because of another’s carelessness or recklessness. If you have been injured due to a property owner’s negligence, it is vital that you seek legal representation.

The attorneys at Evans & Powell, PLLC hear your struggle, and want to help. We are compassionate with clients, and aggressive in fighting for what you deserve. It is our job to do all we can to help you recover. Do what is best for you. Gain trusted legal representation with the attorneys at Evans & Powell, PLLC.

Evans & Powell, PLLC files claim for those injured on another’s property throughout the 9th Court of Appeals including Conroe, Houston, Panorama, Village, Cut and Shoot, Porter Heights, and Woodbranch.

Contact us today at (713) 622 - 2000, or simply submit an online contact form for a free consultation.

Evans & Powell, PLLC