The Gutierrez Law Firm represents injury victims in Houston. Our team of personal injury lawyers is committed to protecting your rights if you’re injured due to negligence, whether at a business or anywhere else in the city. We’ll help you find the responsible party and make sure they’re held accountable for your injuries. Contact us today to set up a free, no-obligation consultation to learn more.
Why Would You Need a Lawyer?
No matter where you go in Houston, there’s certain expectations. This is true whether it’s a store, restaurant, or even a relative’s house. Basically, the owner or management has a legal responsibility to keep you safe while you’re there. Unfortunately, this doesn’t always happen. So, why would you need a lawyer? It all depends on what happened to you. If you got hurt on someone else’s property, like a store or someone’s house, you might have a case. But you’ll probably only need a lawyer if your injuries are really bad and last a long time. Hopefully, your accident wasn’t too serious.
If you do need a lawyer, we can help you with things like:
- Finding out what happened
- Explaining what your rights are
- Getting important evidence
- Figuring out who should pay for your injuries
- Making the whole legal process easier for you
Remember, it’s important to be careful and avoid accidents. But businesses and property owners in Houston have to make sure their places are safe for you. If they don’t, and you get hurt because of it, they’re the ones who could be responsible.
Who’s Responsible When You Get Hurt?
A big part of a premises liability claim is who’s responsible. At its core, a premises liability claim is a personal injury claim. This means that, when you get hurt, negligence is going to determine who’s ultimately responsible. In a typical premises liability claim, this means showing:
- The owner or manager of the property had a duty to make sure it was safe for people who were invited or allowed to be there.
- They should have known about any dangers, either because they knew about them already or because they should have checked for them.
- Their failure directly led to the accident that left you injured.
Where do these accidents happen?
Once you’ve established negligence, you’re closer to figuring out who’s to blame for the accident and who should cover the costs. But remember, it really depends where the accident happens. Houston is a huge city with a diverse offering of businesses and things to do. This opens things up to a variety of different incidents that can happen in a lot of different places, like:
- Parking areas and structures
- Corporate buildings
- Theme parks
- Restaurant and bars
- Private homes
- Grocery stores
- Big box stores
- Job sites
- Common areas at apartment complexes
- Hotels and resorts
Again, accidents happen suddenly. It’s really important to act fast after one to protect your health and potential claim.
Damages in a Premises Liability Claim
There’s a lot that can go wrong in a premises liability situation. However, the most consequential thing that can happen to you is an injury. Whether it’s a broken bone, head injury, or even emotional trauma, these incidents can leave you damaged.
Texas law tries to take this into account when providing you with the option to recover damages from the responsible party. To do that, you’ll have to file an injury claim, typically either an insurance claim outside of court or a personal injury lawsuit inside the court system. No matter which option you choose, you can potentially recover things like:
- Medical expenses – This includes costs for treatment, like hospital stays, surgery, medicine, therapy, and ongoing care.
- Lost wages – If your injury stops you from working, you may get money to make up for the income you’ve missed out on.
- Pain and suffering – This covers financial help for the physical pain, emotional strain, and loss of enjoyment in life caused by the injury.
- Loss of enjoyment in life – This is for any ways your injury has made your life less enjoyable or affected your personal relationships.
- Property damage – If your things were damaged because of the accident, you can get money to repair or replace them.
In Texas, you have two years from when the accident happened to start your claim. If you miss this deadline, you can’t start a claim and won’t get any of these important damages.
What You Need to Do After a Premises Liability Accident
Whenever you get hurt, you have to show how the injury has impacted you. So, in a typical premises liability case, your actions matter. If you were somewhere you shouldn’t have been (like an employees-only area) or were trespassing, the property owner may not be fully responsible. This could affect the amount of damages you receive. That’s why knowing how to respond is crucial. Here’s what to do:
- Get medical help – The first thing you should worry about is your health. If you’re hurt, you should call an ambulance to take care of any immediate injuries, then get further care at a hospital to check for any unseen injuries.
- Report the accident – At the same time, report the accident to the owner, management, or staff and ask for a written report. This helps document what happened. They should also help you with any health issues. This is also important for establishing liability.
- Document the accident – Take photos and videos of where the accident occurred, any hazards present, and your injuries. These visuals can support your claim, and are important for showing negligence.
- Be cautious – Be careful when discussing the accident with insurance companies or the property owner’s representatives. Also, don’t post about it on your social media. It’s best to consult with our lawyers first to handle these conversations properly. The other side will be looking to use anything they can to devalue your claim.
One of the good things, relatively speaking, is that these steps apply across any injury situation. There’s a lot that can go wrong, but taking these actions will protect your health and will hopefully put you in a better position to recover your damages.
What Are Some Typical Premises Liability Accidents?
Even though a premises liability accident is viewed the same as any other accident in the eyes of the law, they’re quite a bit different in reality. Because they can happen in a variety of different places, they cover many different types of accidents. Most of the time, they involve things like:
- Slipping and falling – This occurs when you slip on a wet or poorly maintained floor or other surface. This can cause you a variety of different injuries.
- Animal attacks – These incidents involve injuries inflicted by pets or animals kept on the property, resulting in injuries from bites.
- Drowning or water accidents – This includes incidents such as pool drownings, bathtub slips, or accidents in bodies of water on the property, leading to serious injury or death.
- Stair collapses – Poorly maintained or defective stairs can collapse when you’re using them, causing severe injuries.
- Falling objects – Objects improperly secured or stacked can fall and cause injuries.
- Fire-related injuries – Inadequate fire safety measures or faulty equipment can lead to fires.
- Electrical accidents – Faulty wiring, exposed electrical components, or improper maintenance can result in shocks or other injuries.
- Negligent security – Lacking certain security measures like lighting, surveillance, or security personnel, can lead to injuries from violent acts like assaults or robberies.
Remember, the outcome of your case depends on what happened and how your claim moves through the legal process. It takes time, so being patient is important. But with our team, you can trust that we’ll take care of your case and keep you updated every step of the way.
Frequently Asked Questions
What makes a premises liability case?
Negligence. When you go anywhere in Houston, the property owner or management has a responsibility to keep it hazard free. To do this, they have to take “reasonable care.” When they don’t, they’re considered negligent and are responsible for any injuries.
How long does a premises liability claim take?
Every claim progresses differently, so it just depends. If you want to just file an insurance claim, it could wrap up fairly quickly. However, if you need more financial support for your injuries, you’ll have to put more time and effort into a lawsuit.
When should I file my claim?
It’s up to you to decide when to take action, but usually, the sooner the better. You have two years from the date of the accident/injury to file and it’s important to be able to connect your losses with the accident.
Contact The Gutierrez Law Firm After a Houston Accident
At the Gutierrez Law Firm, we know how hard it is to get hurt, especially in premises liability accidents caused by someone’s negligence. Our skilled team of Houston premises liability lawyers are ready to offer help and support, no matter the cause. Contact us today to set up a free, no-obligation consultation to talk about your options.