Montgomery County Premise Liability Attorney Helping Victims In The Woodlands, Conroe, and Houston
No matter how careful we are, accidents happen. While some of these accidents are part of everyday life, resulting in a bump, scratch or bruise that quickly heals, others can result in serious injury or even death. When personal injuries are caused by the negligence of another and occur on that other individual’s property, the owner or manager of the property may be sued for “premises liability.” The legal concept of premises liability holds each person or entity (such as a school administration or government agency) responsible for maintaining the safety of its premises by making any necessary repairs in a timely fashion and providing warning to the public while danger exists.
If you or a family member has suffered serious injury due to the negligence of another, the law gives you the right to file a claim for damages to compensate you for your medical costs, lost income, and pain and suffering. Filing a premises liability lawsuit is a complicated matter, however, not something to be undertaken without the assistance of a professional personal injury attorney.
At Adams Law Firm in Montgomery County, our team is compassionate as well as capable. Our lead attorney C. Kelvin Adams has successfully assisted clients in Houston, Conroe, and The Woodlands for decades, working tirelessly to bring them justice. We fully understand how devastating a severe premises liability injury can be, not only to the victim, but to the entire family, and are committed to helping you win the substantial compensation you deserve to successfully restart your life.
Types of Premises Liability
The first example of premises liability that usually comes to mind is a slip and fall accident because these are extremely common, many of which are caused by icy, snowy or otherwise slippery surfaces, broken stairs or sidewalks, or unmarked obstacles on a pathway. If the property owner has failed to clean, repair, or post a warning about such risks and you fall and suffer an injury, you should call Adams Law Firm for a free consultation.
In addition to slip and fall accidents, the following may also be reasons to file a premises liability claim:
- Dog bites and attacks
- Poorly stored items that fall
- Exposure to toxic substances (e.g. mold, noxious fumes, asbestos)
- Faulty or exposed wiring that causes shocks or electrocution
- Swimming pool accidents due to poor maintenance, failure to post depths levels, or failure to provide proper supervision
- Violent crimes due to negligent security
- Oil field accidents
- Elevator and escalator accidents
- Amusement park accidents due to defective or poorly maintained equipment
If you have suffered a personal injury, loss of income, pain and suffering, or even permanent disability as a result of one of the above, you may be entitled to substantial damages. Adams Law Firm will leverage our legal knowledge, tactical skills, and broad experience to see that you receive the compensation you deserve.
What We Have To Prove In A Premise Liability Case
No property owner or insurance company is likely to pay up without a fight. In order to win your case, we will first have to evaluate whether we have enough evidence to prove your case. Bear in mind, though, that we have access to medical, engineering, and other experts to help us investigate. In order to win we have to prove that:
- The property in question presented an unreasonable risk of harm
- The property owner knew, or should have known, that this risk existed
- The property owner was negligent in creating or failing to correct the problem
- The owner’s negligence was the direct cause of your injury
All too often, the responsible party will claim that either you didn’t have a legal right to be on the property, you took unnecessary risks, or that a medical condition contributed to the seriousness of your injury.
You should be aware that Texas, like many other states, follows the principle of “modified comparative negligence.” This means that the court will consider whether you were partially at fault for your injury by, for example, wearing inappropriate clothing or footwear, by not paying attention to your surroundings (e.g. looking at your cell phone) or by being inebriated.
Even if you are guilty of one of these actions, the court will allow you to receive damages as long as you weren’t more than 50 percent at fault. The court will assign you and the defendant percentages of fault and your compensation will be cut by the amount of your assigned fault. If you are awarded $100,000 in damages, for instance, but the court finds you to be 20 percent to blame, you will receive $80,000.
Your Relationship to the Property Owner May Matter
Under Texas law, there are three categories of visitors: invitees, licensees, and trespassers. An invitee may be a customer, client, or patient whereas a licensee is a social guest or salesperson. Trespassers, in most cases, need not be informed of risks on the property, but there are exceptions. The law is not likely to conclude that a neighbor who steps on your property to admire your daylilies is a trespasser if she falls into an unmarked hole and fractures her hip. Also, children are not typically considered trespassers, particularly if there is “an attractive nuisance,” such as a wading pool or puppy, on the premises.
Contact Our The Woodlands Premise Liability Attorney
Whether you are in a neighbor’s backyard, a restaurant, business office, the library, or the football field of the local school, you have a right to expect that the premises will be safe. If you are seriously injured due to some other party’s negligence, you are legally entitled to be compensated.
As you can see, however, being legally entitled to damages and actually obtaining them are not the same thing. The legal process requires in-depth legal knowledge and fortitude. At Adam Law Firm we have both. Contact us soon so that we can be proactive in examining and recording evidence before the accident scene is “cleaned up.” You can trust us to assume the burden of all legal and insurance matters that have to be tended to so you and your family can rest and recover from your terrible ordeal.