Premises Liability for Dangerous Conditions in Northwest Harris County: More Than Just “Slip & Fall”

Proving Premises Liability for Dangerous Conditions in Local Businesses

If the term “premises liability” makes you think of a stereotypical “slip and fall” at a local grocery store, you’re not alone. However, premises liability cases under Texas law are not so one-dimensional. Property owners can be held legally responsible for a host of dangerous conditions that cause injuries to visitors on their property. If you were hurt on someone else’s property in Northwest Harris County, whether it was a restaurant, a commercial shopping center, an apartment complex, or even a friend’s house, it’s important to understand the basics of how Texas premises liability law might apply to your injury.

What is Premises Liability Law in Texas?

Premises liability is the area of Texas law that imposes a legal duty on owners and occupiers of land or buildings to keep their property in a reasonably safe condition for visitors. This duty varies depending on the legal status of a visitor on a property. In general, these categories include the following:

Invitees: 

A person has the highest level of duty owed to them as an invitee. An invitee is a person on someone’s property for the owner or occupier’s benefit, like a customer in a store. The landowner must reasonably inspect for dangerous conditions, make necessary repairs, or provide adequate warnings.

Licensees: 

A licensee is a person on someone’s property with their consent but without any commercial benefit to the landowner, such as a social guest at a home. A landowner owes a duty to warn of known dangers but is not required to inspect for unknown ones.

Trespassers: 

Property owners owe the lowest duty of care to trespassers but cannot generally cause them intentional harm.

Common Premises Liability Claims Other Than “Slip & Fall”

Beyond “slip and fall” accidents at supermarkets or hardware stores, there are a number of accident scenarios in which a property owner in Northwest Harris County could be held legally responsible for your injuries. Some of the most common cases we handle in the Houston area include the following:

Failure to Provide Adequate Security:

If you or a loved one is a victim of a criminal act (e.g. assault, robbery, sexual assault) on someone’s property, the owner or occupier can be held liable if they did not provide adequate security in an area where a crime was foreseeable. These situations can include but are not limited to broken locks, poor lighting in a parking lot, or lack of security personnel.

Dog Bites & Animal Attacks: 

In Texas, an owner can be held responsible if they knew or should have known that their dog had previously shown aggressive behavior. Known in Texas law as the “one-bite rule,” a dog owner can be liable for injuries from the very first bite or attack if they were aware of the dog’s propensities.

Swimming Pool Accidents: 

Property owners in Texas who have swimming pools on their property are held to an even higher standard of care to ensure that the pool is safe and to prevent injuries or death. Common causes of swimming pool accidents include inadequate safety measures like proper fencing and self-latching gates, and inadequate supervision for children and pool users.

Defective Conditions: 

This broad category encompasses a large number of possible conditions on someone’s property that can cause injuries, including collapsing structures or staircases, faulty handrails or other staircases, uneven pavement or flooring, and exposed or frayed electrical wiring.

Elevator or Escalator Accidents: 

Elevators and escalators that are not properly maintained or have a defect can also be a basis for liability against a property owner or elevator/escalator maintenance company.

Proving a Premises Liability Claim in Texas

To have a valid Texas premises liability case, it is necessary to show that the owner either knew or should have known about the dangerous condition that caused your injuries and failed to take reasonable action to address it. This can often be the most challenging part of the case and will require a thorough investigation by the personal injury lawyer working on your behalf. Helpful evidence can include incident reports, maintenance logs, security camera footage, and witness statements.

Act Fast: The Two-Year Statute of Limitations

In most cases, a two-year statute of limitations applies to personal injury and premises liability cases in Texas. It is important to understand that this is not a suggestion, but rather a hard deadline. If you do not file your lawsuit within two years of the date of the injury, you will lose your right to seek compensation for your injuries forever.

Need to talk to an attorney? Call The Law Office of Shaw Clifford for a free consultation.

Premises liability cases are much more complex than most people realize, and property owners and their insurance companies will often fight aggressively to avoid having to pay a claim. If you or a loved one has been injured on someone else’s property in Northwest Harris County, do not delay. 

Call the experienced personal injury lawyers at The Law Office of Shaw Clifford now to schedule a free consultation. We will help you investigate your case, explain your rights under Texas law, and fight to obtain the full and fair compensation you deserve.

Contact Shaw Clifford Today