Premises liability is basically defined as the liability of a person who is in possession of a building or land (i.e. premises) to anyone who is injured while on their premises. Some of the most common forms of premises liability involve slip and fall cases, elevator accidents, swimming pool accidents, negligent security and landlord negligence.
If you have been injured while on another person’s premises in Houston due to an error on their behalf, it is important to consult with an experienced personal injury attorney immediately. Many personal injury cases in Texas have a statute of limitations (SOL), which means the injured party may be barred from bringing a claim for the injuries after a certain period of time has passed. The SOL for premises liability cases in Texas is only two (2) years from the date of the plaintiff’s injuries.
Houston Premises Liability Lawyer
Contact Ben Bronston & Associates at 713-CALL-BEN or (713) 225-5236 for a consultation about your premises liability claim throughout the areas of Houston, including the Heights, the Galleria, Memorial, Bellaire, Sharpstown, Highland Village, City Centre, Downtown, EaDo, Midtown and Rice Village. Attorney Ben Bronston is licensed to practice law in Texas and Louisiana and will make every to fight to help you recover the damages you deserve. To reach the Louisiana office about your premises liability claim, call (504) 799-0771. If you are unable to come into either office for a consultation, the attorneys of Ben Bronston & Associates may be able to travel to all areas of Texas and Louisiana to discuss the facts surrounding your claim.
Houston Premises Liability Information Center
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Types of Premises Liability Claims in Houston
There are a variety of premises liability claims throughout Texas and Louisiana. Some of the most common types of premises liability claims can include:
Slip and Fall – These types of cases generally occur in grocery stores or other businesses where an item has broken and spilled on the floor, the floor is wet because it was recently mopped, the carpet was ripped or lose, a rug was on the floor and not secured, wires or cables were exposed, and/or there was poor visibility or lighting in the building or premises.
Negligent Security – These types of cases generally occur in a business where the owner of the premises failed to have adequate security to keep the premises safe and secure. This can occur in a hotel where the owner failed to have locks on the doors and a third party entered the premises and injured the plaintiff or stole the plaintiff’s property.
Landlord Negligence – These types of cases can occur where a landlord failed to take adequate security measures the keep the premises safe and secure. For example, an apartment complex owner would be liable to an injured party if a gate was broken and the landlord was aware of the broken gate, but did not fix it, and a third party entered the premises where the gate was broken and injured the plaintiff or stole their property.
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Elements to a Houston Premises Liability Claims
In order to bring a premises liability claim in Houston or New Orleans, the injured must be able to prove each of the following elements:
- The injured party must be able to prove a condition existed on the premises that posed an unreasonable risk of harm to anyone present on the premises.
- The person in possession of the premises (e.g. the owner or landlord) knew or should have known the condition on the premises posed an unreasonable risk of harm.
- The person in possession of the premises (e.g. the owner or landlord) should have reasonable knowledge that a guest on the property would not have been able to discover the danger, or they would not be able to protect themselves from the danger.
- The person in possession of the premises (e.g. the landlord or owner) was negligent when the condition was created, or they knew about the condition and failed to correct it.
- The guest on the premises must have been injured.
- The dangerous condition on the premises must have caused the injury.
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Plaintiff Status in Houston
Additionally, depending on the status of the person who was injured, the defendant’s duty may change and they may not be liable for the plaintiff’s injuries. The plaintiff statuses for the purpose of premises liability claims in Texas are defined as follows:
Invitee – An invitee is someone the defendant invited to enter or remain on the premises for business purposes. An invitee is owed the highest duty of care by the defendant, which means if the plaintiff is injured as an invitee, the defendant is probably liable for the plaintiff’s damages.
Trespasser – A trespasser is anyone who enters another person’s premises unlawfully or without an invitation. The owner of the premises generally owes no duty of care to a trespasser, but may be required to exercise some care if they knew of the condition existed and they were aware the property was often trespassed upon.
Licensee – A licensee is someone who is invited to enter or remain on the premises for a reason other than business or commercial purposes, such as a house guest. A licensee is owed a very high duty of care by the defendant, but the duty is harder to prove than one that is owed to an invitee.
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Premises Liability Damages in Houston
According to Chapter 41 of the Texas Civil Practice and Remedies Code, there are a variety of damages available to the injured party in a civil case. Damages are generally the monetary amount the plaintiff is awarded for their injuries.
- Economic Damages – These damages are commonly referred to as compensatory damages, and are awarded to compensate the plaintiff for any actual loss or pecuniary or financial loss they have suffered. These damages do not include noneconomic or exemplary damages.
- Non-economic Damages – These damages are awarded to compensate a plaintiff for any physical pain or suffering, mental or emotional pain or anguish, loss of consortium (care and affection), loss of companionship and society, loss of enjoyment of life, physical impairment or disfigurement, and/or any other non-financial loss they may have suffered. These damages do not include punishment or exemplary damages, but are included in compensatory damages.
- Exemplary Damages – These damages are also known as punishment or punitive damages, and are awarded to the plaintiff because the defendant acted in such a way that they should be punished for their actions. The plaintiff must show the defendant acted with malice by intending to cause the injury, or because the defendant knew their created an extreme risk of severe injury and consciously disregard that risk.
- Compensatory Damages – This form of damages includes both economic and non-economic damages, but does not include any form of exemplary or punitive damages.
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Ben Bronston & Associates, Attorneys at Law | Premises Liability Attorney in Houston
Contact Ben Bronston & Associates today for a consultation about your premises liability claim in Harris County, including the cities of Houston, Baytown, Humble, Katy, Pasadena, Seabrook, Spring, Sugar Land, Tomball and Webster. Ben Bronston is an experienced personal injury attorney in Houston who will listen to the facts of your situation and help you recover any damages you are entitled to in your premises liability case. Contact Ben Bronston & Associates at 713-CALL-BEN or (713) 225-5236 for a consultation about your premises liability injury throughout Houston. To reach the Louisiana office for a consultation, call (504) 799-0771.