Houston Premise Liability Lawyer
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What Exactly Does a Premises Liability Lawyer Do?
Proving a property owner is at fault is more complex than just showing an injury happened. A lawyer must navigate several legal hurdles to build a successful case:
- Determining “Visitor Status”: In states like Texas, the duty an owner owes you depends on why you were there. Lawyers classify you as an Invitee (customer), Licensee (social guest), or Trespasser to determine the owner’s specific legal obligations.
- Proving “Notice”: This is the most critical part of a case. Your lawyer must prove the owner either knew about the danger (Actual Notice) or should have known through reasonable inspection (Constructive Notice).
- Gathering Perishable Evidence: They quickly secure time-sensitive evidence, such as surveillance footage (which is often deleted after 7–30 days), maintenance logs, and incident reports.
- Negotiating with Insurance Companies: Most claims are paid by commercial or homeowners’ insurance. Lawyers handle all communications to prevent adjusters from using “recorded statements” to blame the victim
WHY YOU SHOULD HIRE A PREMISE LIABILITY ATTORNEY?
Atty. Roxell Richards, personal injury attorney from Houston, TX
Understanding Premises Liability: Is the Owner at Fault?
In the state of Texas, premises liability law is built on the idea that property owners have a “duty of care” toward visitors. However, the level of responsibility an owner owes you depends on your status at the time of the accident:
- Invitees (Customers/Clients): Property owners owe the highest duty of care to those invited for business purposes. They must regularly inspect the premises and repair or warn of any dangerous conditions.
- Licensees (Social Guests): Owners must warn guests of any known dangers that the guests is unlikely to discover on their own.
- Trespassers: While owners owe the least duty here, they still cannot intentionally cause harm or act with gross negligence (especially in cases involving children and “attractive nuisances” such as swimming pools).
Common Types of Property Negligence in Houston
Houston is a massive, bustling metroplex with thousands of retail centers, apartment complexes, and industrial sites. Property negligence can take many forms, including:
1. Slip, Trip, and Fall Incidents
The most common form of premises liability. This includes liquid spills in grocery aisles, waxed floors without warning signs, bunched-up carpeting, or poorly lit stairwells.
2. Negligent Security
If you were the victim of a crime (assault, robbery, or battery) in a parking garage or apartment complex that lacked proper lighting, working locks, or security patrols, the property owner may be liable for your damages.
3. Hidden Structural Defects
Loose floorboards, rotting balconies, or malfunctioning elevators can cause catastrophic injuries. These cases often require expert testimony to prove the owner neglected long-term maintenance.
4. Workplace Property Injuries
While many workplace injuries fall under Workers’ Comp, if you are injured on a job site owned by a third party, you may be able to file a premises liability claim to recover additional compensation.
Why Roxell Richards Injury Law Firm is the Right Choice for Houston Victims
With a sea of law firms in Houston, why choose Roxell Richards Injury Law Firm? The answer lies in her unique approach to personal injury law.
- 20+ Years of Legal Expertise: Roxell isn’t just a lawyer; she’s a seasoned strategist licensed in both Texas and California. She understands how to navigate the complex “comparative negligence” laws in Texas, which insurance companies use to try and blame the victim.
- The “Pull Up Your Sleeves” Philosophy: Roxell is known for her hands-on approach. She fights for the “underdog” and the underserved, ensuring that high-quality legal representation isn’t just for the wealthy.
- Comprehensive Case Building: Our firm doesn’t just wait for a settlement. We aggressively gather surveillance footage, maintenance logs, and witness statements to build a “trial-ready” case from day one.
- Personal Connection: At Roxell Richards Injury Law Firm, you aren’t a file number. You are a neighbor in need. We prioritize communication, ensuring you are updated at every stage of your claim.
What Can You Recover in a Premises Liability Claim?
A serious fall or injury can change your life in an instant. Attorney Roxell Richards fights to ensure your settlement covers the full scope of your losses:
- Economic Damages: Coverage for emergency room visits, surgeries, physical therapy, and future medical needs, as well as reimbursement for lost wages and loss of future earning capacity.
- Non-Economic Damages: Compensation for physical pain, mental anguish, disfigurement, and the loss of enjoyment of life.
- Punitive Damages: In rare cases of “gross negligence,” we may seek additional damages meant to punish the property owner for their reckless disregard for safety.
The “Notice” Requirement: Proving the Owner Knew of the Danger
In Texas, simply getting hurt on someone’s property isn’t enough to win a case. Your premises liability attorney must prove the owner had “notice” of the hazard. This is broken down into three categories:
- Actual Notice: The owner or an employee physically saw the hazard or was told about it before you were injured.
- Constructive Notice: The inspection.
- Creation of Hazard: The owner or an employee directly caused the danger (e.g., a janitor mopping a floor but failing to place a warning sign).
What to Do Immediately After a Premises Liability Accident
If you are injured on someone else’s property in Houston, take the following steps as soon as possible to protect your health and your legal rights:
- Report the accident immediately to the property owner, manager, or staff and request a written incident report. This creates an official record of what happened.
- Document the scene thoroughly by taking photos and videos of the hazard, surrounding area, lighting conditions, warning signs, and anything that contributed to the accident.
- Collect witness information, including names and contact details, from anyone who saw the incident or the dangerous condition.
- Seek medical attention right away, even if injuries seem minor. Some injuries may not show symptoms immediately, and medical records are critical for your claim.
- Avoid giving recorded statements to insurance companies or property representatives without legal guidance, as statements can be used to shift blame.
- Contact a Houston premises liability attorney promptly to preserve evidence, handle insurance communications, and ensure all legal deadlines are met.
The Legal Standard: Texas Government Code and Liability
Premises liability in Houston isn’t just based on “fairness”—it is codified in state law and upheld by the Texas Supreme Court. Under Texas Civil Practice and Remedies Code, Chapter 75, the state outlines specific limitations and duties for landowners.
Furthermore, the Texas Supreme Court has established a clear “General Rule” for these cases in landmark decisions like Austin v. Kroger Texas, L.P., stating:
“A landowner owes a duty to make safe or warn against any concealed, unreasonably dangerous conditions of which the landowner is, or reasonably should be, aware but the invitee is not.”
This government-backed standard is the foundation of every claim we file. If a property owner violates this duty, they are not just being negligent—they are failing to meet the legal requirements set forth by the State of Texas.
Premises Liability Cases Involving Government Property
Premises liability injuries don’t just happen at private businesses or apartment complexes. In Houston, many serious accidents occur on government-owned property, and these cases are handled very differently under Texas law.
If your injury happened on any of the following:
- City sidewalks or roadways
- Public schools or school campuses
- Government offices or buildings
- Public parks, libraries, or recreational facilities
your claim may fall under Texas sovereign immunity laws.
What This Means for Injured Victims
Government agencies and their insurers strictly enforce these notice rules. They are not required to excuse missed deadlines or lack of legal knowledge.
If you were injured on public property, acting quickly can make a critical difference. An experienced Houston premises liability attorney can help:
- Identify the correct government entity responsible for the property
- File all required notices within strict deadlines
- Preserve evidence before it disappears
- Ensure your claim complies with Texas law
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FREQUENTLY ASKED QUESTIONS
1. How long do I have to file a claim in Houston?
In Texas, you generally have two years from the date of the accident to file a lawsuit. However, if your injury occurred on government property (like a city sidewalk or a public school), you may have as little as 90 days to provide formal notice. It is critical to act fast to preserve evidence.
2. Can I still sue if there was a "Wet Floor" sign?
Yes. A sign does not give a property owner automatic immunity. If the sign was hidden, poorly placed, or if the floor remained dangerously wet for an unreasonable amount of time without being cleaned, the owner may still be held liable for your injuries.
3. What if I am partially responsible for my fall?
Texas follows the 51% Bar Rule. You can still recover compensation as long as you are 50% or less at fault. Your total payout will simply be reduced by your percentage of blame. However, if you are found 51% responsible, you cannot recover any money at all.
4. What is "Negligent Security"?
This occurs when a property owner fails to provide adequate protection (like working locks, bright lighting, or security guards) in an area where crime is foreseeable. If you were assaulted or robbed at an apartment complex or parking lot because of these failures, you may have a premises liability claim.
5. Can I sue for a dog bite under premises liability?
Yes. In Texas, if a property owner knows their dog has “dangerous propensities” (the “One Bite Rule”) or was negligent in restraining the animal on their property, they can be held liable for your medical bills, scarring, and trauma.
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PODCAST
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PREMISE LIABILITY EPISODES
Listen now to get commonly asked premise liability questions!
Episode 11
What to do if you are involved in a car accident
Involved in a car accident? Find out what to do from Atty. Roxell Richards in Houston, TX via our ask a lawyer podcast.
Episode 6
Share a Ride Accident
Get to know more about what to do on rideshare accidents. Get it straight from Atty. Roxell Richards from Houston, TX via the ask a lawyer podcast.
Episode 20
What Questions should I ask if to a lawyer if I am looking to hire about my Car Accident?
Here are some questions you need to ask your car accident lawyer straight from Atty. Roxell Richards based in Houston, TX. Listen in to today’s episode of ask a lawyer podcast.
Episode 23
Have you handled a similar case to mine?
Personal injury lawyer Atty. Roxell Richards answers your questions in today’s ask a lawyer podcast. Listen in to find out info from a law firm based in Houston, TX.
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TOP QUESTIONS |PREMISE LIABILITY
What is the concept of premises liability?
The concept of premises liability is that property owners have a duty to ensure the safety of their guests. And this includes warning them of any potential hazards on their property.
What injured party must prove to win a premises liability case?
To win a premises liability case, the party with injuries must prove that the property owner was negligent. And that their negligence was the cause of the injury or personal injury as the case may be. But they must also prove that they suffering from the damages as a result of the injury.
What is the distinction between premises liability and general liability?
Premises liability and general liability are both legal terms that refer to a property owner’s responsibility. And that is to ensure the safety of their visitors. Nonetheless, there are some significant distinctions between the two.
And premises liability applies specifically to injuries that occur on a property. For example, slip and fall accidents. While general liability covers a broader range of potential liabilities. For example, if a company sells a defective product that injures someone, it may be held liable under general liability.
But general liability also includes a broader duty of care. And this means that businesses and property owners must take reasonable steps to protect the safety of not just visitors. But also including the safety of the general public.
For example, if a business allows an employee to drive a company vehicle. And despite knowing they have a history of reckless driving, and that the employee causes a car accident, the business may be liable under general liability.
In fact, it’s important to understand the differences between premises liability and general liability. Because they can impact how liability is determined in the event of an injury or accident.
What are premises claims?
Premises claims are legal claims that someone can make against a property owner. But only if they are injured on their property. And this is due to the property owner’s negligence. But in these cases, the person with injuries may seek compensation from the property owner. And this is to help cover things like medical bills and medical care.
For example, if someone slips and falls on a wet floor in a store and breaks their leg, they may have a premises claim against the store owner. And the injured person may need medical care, such as surgery or physical therapy. Because this will help them recover from their injury. And they may also have to miss work while they heal, which can result in lost wages.
Also, in a premises claim, the injured person may be able to recover compensation. And this compensation will be for their medical bills, and lost wages. Including other damages in relation to the injury. But to do so, they must show that the property owner knew or should have known about the dangerous condition. And withholding that information was the cause of their injury. In fact, including the failure of the owner to take reasonable steps to fix it.
What is personal and premises liability coverage?
Personal and premises liability coverage is a type of insurance that covers both personal and premises liability claims. And it protects individuals and property owners. Therefore, protecting them from potential liability claims that may arise from injuries that occur on their property.
Take Action Today: Your Road to Recovery Starts Here
Evidence in premises liability cases—like security footage or the physical hazard itself—can disappear quickly. The sooner you involve a Houston injury lawyer, the better your chances of a successful outcome.
Roxell Richards Injury Law Firm operates on a contingency fee basis. This means there are no upfront costs to you. We only get paid if we win your case.
Contact Roxell Richards Law Firm today for a free consultation.
I’m incredibly grateful for their hard work and dedication to my case. If you’re looking for a law firm that genuinely cares about your well-being and delivers results, I highly recommend Roxell Richards Law Firm.
Thank you,
Dr. Leana Jefferson
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