Table of Contents:
- What Is Premises Liability?
- Common Houston Premises Accidents
- Who’s Responsible? (Texas Duties of Care)
- Proving Negligence in a Premises Case
- What to Do After You’re Injured
- Insurance Tactics & How to Respond
- Damages You Can Recover
- How a Premises Liability Attorney Strengthens Your Case
- Why Choose Roxell Richards Injury Law Firm
- Call to Action
What Is Premises Liability?
A seasoned premises liability attorney digs into those questions immediately, preserving video, obtaining incident reports, interviewing witnesses, and locking down the evidence before it disappears.
Common Houston Premises Accidents
Houston is a fast‑growing, high‑traffic city. With rapid development come hazards that too often go unaddressed. Some of the most common property‑related incidents we see include:
- Slip, Trip & Fall Accidents: Wet floors, spilled liquids, food debris, loose mats, uneven sidewalks, broken stairs, poor lighting, and missing handrails.
- Apartment & Rental Property Injuries: Faulty staircases or balconies, broken locks, mold or ventilation issues, code violations, and neglected common areas.
- Negligent Security / Assaults: Inadequate lighting, broken gates, missing cameras, or a pattern of criminal activity the property ignored, resulting in assaults, robberies, or attacks.
- Parking Lot & Garage Hazards: Potholes, poorly marked hazards, tight corners, lack of signage, malfunctioning barriers, and inadequate lighting.
- Swimming Pool & Spa Injuries: Unsecured pool areas, broken drains, missing lifesaving equipment, lack of supervision, or chemical imbalances.
- Retail & Warehouse Incidents: Falling merchandise (“high‑stack” injuries), pallet or forklift dangers, blocked exits, and slippery loading areas.
- Dog Bites on Property: Unrestrained or poorly secured dogs in common areas, courtyards, or shops.
- Construction Site Hazards Affecting Visitors: Uncovered trenches, unsecured tools or materials, and inadequate barricading near sidewalks or entrances.
Each of these scenarios has distinct evidentiary needs. A premises liability attorney will tailor your case strategy to the type of hazard, the property’s history, and the applicable safety codes or industry standards.
Who’s Responsible? (Texas Duties of Care)
In Texas, the duty of care owed by a property owner or occupier depends on why you were on the property:
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- Invitees (customers, tenants, delivery drivers, vendors): Owners owe the highest duty; they must inspect the property, discover hazards they should reasonably find, fix them, or warn invitees.
- Licensees (social guests): Owners must warn of or make safe any hazards they know about, but may not need to inspect actively.
- Trespassers: Owners generally owe a limited duty not to harm intentionally. There are special rules under the attractive nuisance doctrine for children (for example, regarding unfenced pools).
Proving Negligence in a Premises Case
To win a premises case in Texas, your lawyer typically must show:
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- Duty: The owner/occupier owed you a legal duty based on your status (invitee, licensee, etc.).
- Knowledge: The owner knew, or should have known, of the condition (actual or constructive notice). Constructive notice can be shown by the length of time the hazard existed or by the property’s inspection policies.
- Breach: They failed to fix the hazard or warn you in a reasonable time or manner.
- Causation: The dangerous condition caused your injury.
- Damages: You suffered real, compensable harm.
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- Surveillance video from inside the store, parking lot cameras, or apartment security footage.
- Incident reports and store logs (e.g., “sweep sheets” showing inspection times).
- Maintenance records, work orders, and prior complaints.
- Photos and measurements of the hazard (e.g., height of a trip edge, lighting levels).
- Witness statements and employee interviews.
- Medical records linking the incident to your injuries.
- Crime statistics and prior incident histories for negligent security claims.
What to Do After You’re Injured
Your health and your case both benefit from a few timely steps:
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- Report the incident immediately. Ask for an incident report and request a copy or, at a minimum, take a photo of it. Get the manager’s name.
- Photograph everything. The hazard, your shoes, the lighting, warning signs (or their absence), the area from multiple angles, and any visible injuries.
- Get witness contact info. Names, phone numbers, and where they were standing when they saw what happened.
- Preserve shoes/clothing. Don’t wash or discard. These items can be crucial (for example, slip‑resistant soles).
- Seek medical care promptly. Tell the provider exactly how you were injured. Follow all recommendations and keep every appointment.
- Decline recorded statements to insurers until you’ve consulted a premises liability attorney. Innocent comments are often used against you.
- Call a lawyer quickly. Early legal action can secure video, logs, and other time‑sensitive evidence.
Insurance Tactics & How to Respond
Property insurers often deploy predictable strategies:
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- “No Notice” Defense: Claiming they didn’t know about the hazard and couldn’t have discovered it. Your lawyer counters with policies, inspection logs, and the duration of the condition.
- Blame the Victim: Suggesting you weren’t watching where you were going or wore “improper footwear.” Photos, lighting measurements, and human factors experts can defeat this.
- Minimal Offers Before You Know Your Injuries: Early offers tempt you to settle before understanding the full scope of treatment and future care.
- Request for Recorded Statement: Adjusters frame questions to elicit answers that reduce or deny liability. Politely decline until you have counsel.
- “Open and Obvious” Argument: Claiming the hazard was visible. Courts scrutinize the context, lighting, and distractions, and whether a reasonable person would perceive the risk.
Damages You Can Recover
If negligence caused your injuries, you may be entitled to compensation for:
- Medical expenses (ER, imaging, surgery, therapy, medications).
- Future medical care (ongoing treatment, assistive devices, pain management).
- Lost wages and lost earning capacity if injuries affect your work.
- Pain and suffering and mental anguish.
- Physical impairment and loss of enjoyment of life.
- Scarring and disfigurement.
- Out‑of‑pocket costs (transportation to appointments, home modifications).
- Wrongful death damages (for qualifying family members) and survival claims.
How a Premises Liability Attorney Strengthens Your Case
The proper premises liability attorney can transform a complex claim into a compelling case:
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- Immediate Investigation: Requesting video before it’s overwritten, photographing the scene, and canvassing for witnesses.
- Evidence Preservation: Sending spoliation letters; demanding maintenance logs, training manuals, and incident histories.
- Expert Team: Safety engineers, human‑factors experts, illumination experts, retail industry standards specialists, security professionals, and medical experts.
- Medical Proof: Coordinating care, documenting diagnosis and prognosis, projecting future costs with life‑care planners and economists.
- Liability Strategy: Analyzing inspection policies, staffing levels, prior complaints, crime data, and code compliance.
- Negotiation & Litigation: Building leverage through detailed demand packages, depositions, and (when necessary) trial preparation.
Why Choose Roxell Richards Injury Law Firm
We focus on people, not file numbers. When you hire our team for your premises case, you can expect:
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- Client‑First Communication: Clear, frequent updates and direct access to your case team.
- Houston Insight: Knowledge of local properties, typical hazard patterns, and how insurers evaluate these claims in our courts.
- Resources to Match Big Defendants: We invest in experts and investigations from day one.
- Trial‑Ready Mindset: We prepare every case as if it will be tried because that’s how we maximize settlement value.
- Contingency Fee: No fee unless we win; you pay nothing upfront for legal services.
Above all, we never forget that a premises injury can derail your life. Our mission is to lift that burden, protect your rights, and pursue full justice.
Practical Checklists & Tips
Bring this to your consultation with a premises liability attorney:
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- Photos and videos of the scene (time‑stamped, if possible).
- Names and contact info for witnesses or employees you spoke to.
- The incident report (or a photo of it), plus any emails or texts with the property.
- Medical records, discharge notes, and a list of treating providers.
- Receipts for medications, medical equipment, or transportation costs.
- Do not wash or discard the shoes and clothing you wore at the time of the incident.
- Any correspondence from the property’s insurer (don’t give a recorded statement).
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- Be polite, but do not discuss the accident’s details or your injuries on a recorded line.
- Do not sign medical releases that give the insurer broad access to your complete medical history.
- Say you are consulting a premises liability attorney and will have counsel contact them.
When cases go to trial, success often comes from clear, credible themes:
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- Preventable Harm: The hazard existed long enough that a reasonable inspection would have found it.
- Simple Fixes Were Ignored: A cone, a mop, a lightbulb, and a repair order, basic steps could have prevented a serious injury.
- Broken Systems: The store had a policy on paper, but in practice, there was no training, no enforcement, no supervision.
- Foreseeability: Prior incidents, similar complaints, or crime statistics put the property on notice.
- Human Story: Injuries don’t just generate bills; they change lives, jobs, family roles, and plans.
A skilled premises liability attorney develops these themes with documents, testimony, and expert analysis so jurors see the whole picture.
How We Prove Negligent Security
Negligent security cases arise when owners fail to take reasonable steps to prevent foreseeable criminal acts. Proof can include:
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- Crime data for the property and the surrounding area.
- Prior incidents on the property.
- Lighting measurements and security audits.
- Gate, lock, and camera maintenance records.
- Security staffing levels, patrol logs, and response times.
We retain security experts to explain the industry standards that apply and how the property failed to meet them for apartment complexes or shopping centers, including access control, camera placement, lighting plans, and prompt response protocols. A premises liability attorney coordinates these proofs to establish foreseeability and breach.
Special Considerations in Rental & Multi‑Family Properties
Apartment and rental cases often involve multiple defendants and overlapping responsibilities:
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- Landlords & Property Managers: Duty to maintain common areas (stairs, hallways, elevators, parking lots).
- Maintenance Contractors: May share liability for botched repairs or ignored work orders.
- Security Companies: Duties arising from contracts and industry standards.
- Owners vs. Tenants: Responsibility may be split between the property owner and a commercial tenant (e.g., a grocery store inside a shopping center).
A premises liability attorney examines leases and vendor contracts to identify who controlled the area and who had the duty to fix the hazard.
Medical Proof: Connecting the Dots
Winning a premises case requires more than showing a hazard existed. You must connect the dots between the incident and your injuries:
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- Immediate medical evaluation creates a solid record.
- Imaging and specialist referrals support diagnosis and causation.
- Treatment plans and therapy notes prove the impact on daily living.
- Life‑care plans project long‑term costs for serious injuries (surgeries, rehab, assistive devices).
- Vocational and economic experts quantify the loss of earning capacity.
A premises liability attorney assembles these building blocks into a persuasive damages presentation.
Demand Packages That Move the Needle
Before filing suit, we often send a comprehensive demand to the insurer. A strong demand package typically includes:
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- A straightforward liability narrative with photos, diagrams, and timelines.
- Policy and training failures backed by internal documents (when available).
- Comparable verdicts/settlements to anchor valuation (where appropriate).
- Medical summaries, bills, and future cost projections.
- Client impact statement explaining changes to your work, family life, and activities.
Insurers respond when they see a premises liability attorney has done the work a jury will later see.
Litigation Roadmap (If Filing Suit Is Necessary)
If the insurer won’t be reasonable, your case may proceed to court:
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- Filing & Service: We file the petition and serve the defendants.
- Written Discovery: Requests for documents, policies, videos, and maintenance logs.
- Depositions: Questioning employees, managers, corporate reps, and experts under oath.
- Motions: Challenging improper defenses or seeking sanctions for missing evidence.
- Mediation: A settlement conference with a neutral mediator.
- Trial: Presenting your case to a jury with exhibits, experts, and witnesses.
Throughout, your premises liability attorney keeps you informed and prepared so there are no surprises.
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- Waiting to see if you “feel better.” Delayed treatment can hurt your health and your claim.
- Posting on social media. Innocent photos can be taken out of context by insurers.
- Giving statements without counsel. Adjusters are trained to minimize or deny claims.
- Ignoring follow‑up care. Gaps in treatment are used to argue you weren’t really hurt.
- Throwing away footwear/clothing. These items can be critical evidence in a slip-and-fall case.
When you talk to potential lawyers, consider:
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- Experience with your accident type (e.g., slip-and-fall)? Negligent security? Falling merchandise?
- Resources: Does the firm invest in expert witnesses and investigations early?
- Communication: Will you have clear, consistent contact with your legal team?
- Reputation: Do they take cases to trial when needed, or do they accept low offers?
- Alignment: Do they listen to your goals and explain the process in plain English?
Call to Action
If a dangerous property condition in Houston turned your life upside down, you don’t have to fight alone. The sooner you involve a premises liability attorney, the stronger your case can be. Roxell Richards Injury Law Firm is ready to investigate immediately, preserve crucial video and records, and build the compelling evidence you need to move forward.
Take the first step now:
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- Call for a free consultation.
- No fee unless we win.
- We handle the insurance company while you focus on healing.
Contact Roxell Richards Law Firm today for a free consultation, your recovery, and your future.
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003
Frequently Asked Questions
1) What does a premises liability attorney actually do?
A premises liability attorney investigates how and why you were injured on someone else’s property, preserves time‑sensitive evidence (like surveillance video and inspection logs), consults with experts, calculates your damages, negotiates with insurers, and, if necessary, files suit and takes your case to trial. Crucially, your lawyer shifts the burden from you to the property owner by demanding documents, deposing employees, and showing the jury what should have been done to keep you safe.
2) How long do I have to file a claim?
Texas law generally provides a limited window to file personal injury lawsuits. There are exceptions and special notice rules for claims involving government‑owned property (such as city property), and specific disabilities or minors can affect timelines. Because deadlines are strict and missing them can end your claim, the safest step is to contact a premises liability attorney immediately so we can calculate your precise deadline and send all required notices on time.
3) What if I’m partly at fault for my fall or injury?
Don’t assume you don’t have a case. Texas uses a comparative negligence framework. Even if you were partially responsible (for instance, you didn’t see a spill because of poor lighting), you may still recover damages so long as your share of fault is not greater than the defendant’s. A premises liability attorney will gather evidence to minimize any fault attributed to you by highlighting the property’s failures, lack of inspections, missing warnings, or long‑standing hazards.
4) What compensation can I expect?
Compensation depends on the severity of your injuries, the duration of your medical care, future treatment needs, how the injuries affect your work and daily life, and the strength of the liability evidence. Settlements can vary widely; a careful evaluation by a premises liability attorney is essential to value your claim accurately, including future costs, lost earning capacity, and non‑economic damages like pain, suffering, and impairment.
5) How much does it cost to hire the Roxell Richards Injury Law Firm?
We represent injury clients on a contingency fee. That means you pay no legal fees unless we win. During your free consultation, we’ll explain the fee structure clearly, answer your questions, and outline the next steps. You can focus on healing while we build your case.