Houston Premises Liability Lawyer

A dangerous property condition can cause a serious injury in seconds. In Texas, property owners and managers may be liable when they fail to address hazards they knew or should have known about.

That does not mean every injury on someone else’s property leads to a claim. The details matter: why you were there, what caused your injury, whether the property owner knew about the hazard, and what they did, or failed to do, about it.

At Pierce Skrabanek, we investigate those details and build cases around the facts. Our personal injury attorneys have more than 30 years of combined experience and have recovered over $500 million in verdicts and settlements for clients nationwide. If you were injured because of an unsafe property condition, call a Houston premises liability attorney at (832) 690-7000 or fill out our online form for a free, no-obligation consultation.

“As this was the first time I was ever injured in an accident, I had to solicit an attorney to help me recover expenses. I didn’t know what to expect, but my mind was put at ease as I was assigned to Attorney Kayla Guevara; not only did she fight hard throughout the process, but more importantly, she also took the time to answer the millions of questions I had in a clear, professional manner. Both Kayla and her assistant Mehlaney were instrumental in walking me through the legal process to reach a fair settlement, and I highly recommend her services. A+”

- Dean N. | Client

What Is Premises Liability?

Suppose you’re at an apartment complex and you’re injured by a staircase that collapsed. Who can be held liable? Can you recover damages for your losses?

Premises liability refers to the body of law that holds property owners accountable for injuries that may happen to others while on their property or land. This covers injuries and accidents that happen in homes, businesses, and other locations.

Initially, premises liability law may seem simple and straightforward. However, this area of law is quite broad since it involves many types of injuries on different types of properties. It also contains various nuances that can make even a “basic” accident complicated.

What to Do After a Property-Related Injury

Immediately after a slip and fall or other premises-related injury, your health is probably the only thing on your mind, and that is completely understandable. You may have been focused on getting medical attention or telling someone what happened. But even if days or weeks have passed, there are still steps you can take to protect yourself and your potential claim. Taking the time now to document what happened, keep important records, and preserve details about the property can make a difference later.

1. Get medical attention.
   See a doctor, visit urgent care, or go to the emergency room based on the seriousness of your injuries. Some injuries are not obvious right away. Medical records can also help show the connection between the accident and your injuries.
2. Tell the property owner or manager what happened.
   Report the accident as soon as you can. If you were hurt at a store, apartment complex, hotel, restaurant, or other business, ask the manager or person in charge to make a written incident report. Request a copy before you leave.
3. Photograph the hazard and the area around it.
   Take pictures or video of whatever caused the accident before it is cleaned, repaired, moved, or removed. Capture the surrounding area, too. If possible, note the date and time the pictures were taken. Photos of your injuries and the clothing or shoes you were wearing may also be useful.
4. Talk to anyone who saw what happened.
   Ask for their names and contact information so your attorney can reach them later if needed.
5. Keep your records and receipts.
   Hold on to medical bills, prescription receipts, repair or replacement costs, pay records, and other documents tied to the injury. It can also help to keep brief notes about your pain, treatment, missed work, and how the injury affects your normal activities.
6. Be careful when speaking with an insurance company.
   An adjuster may contact you soon after the accident and ask for a recorded statement or discuss a settlement. You do not have to figure out what to say on your own. Before making a recorded statement or accepting an offer, consider speaking with a Houston premises liability attorney who can review what happened and explain your options.
7. Contact a Houston premises law firm while the details are still fresh.
   You do not need to have every answer before making a call. At Pierce Skrabanek, we can listen to what happened, ask questions about the property and your injury, and explain whether you may have a claim.

What Do Damages in a Premises Liability Lawsuit Cover?

Damages in a premises liability lawsuit can cover many different costs and expenses that the accident caused. The amount of damages recovered will depend on several factors, such as the severity of the injury and how much the owner knew about potential dangers on the property.

‍A damages award or settlement in a premises liability lawsuit can cover:

• Costs of medical treatment, medicines, and hospital stays
• Expenses connected with therapy and rehabilitation
• Lost wages and loss of the ability to generate wages in the future
• Pain and suffering
• Punitive damages, in cases where intentional conduct or recklessness was involved
• Wrongful death costs in cases involving fatalities

The amount of damages recovered can often depend on the capabilities and experience of the lawyer handling the case. A skilled premises liability attorney will be able to assess the costs caused by the injury and can accurately calculate the damages needed to compensate the person fully.

A lawyer will be able to assess the injuries and properly calculate the damages needed to make the person whole again.  

At Pierce Skrabanek, our attorneys have secured a long line of verdicts and settlements that demonstrate our ability to help injured parties obtain the compensation they deserve.

What Types of Accidents and Injuries Are Frequently Involved in Premises Liability Lawsuits?

Premises liability basically holds a property owner liable for accidents or injuries occurring on their property. As a result, premises liability lawsuits can involve a very wide range of incidents, including:

• Slip and fall injuries
• Collapsing structures
• Swimming pool/drowning incidents
• Assaults or shootings due to lack of security
• Poor lighting at apartments or other complexes
• Injuries from sharp objects
• Toxic exposure
• Various other types of personal injury accidents

There are many other different kinds of accidents that premises liability law covers. You may need to contact and hire a lawyer if you were injured on another person’s property and are unsure of who may be responsible.

At Pierce Skrabanek, our premises liability attorneys have a proven track record of holding the proper parties responsible and obtaining significant damages awards on behalf of clients.

Is Premises Liability the Same as Negligence?

Premises liability and negligence are not the same. Premises liability refers to situations where a property owner can be held liable for injuries to others who are on their property.

‍Negligence is the legal theory that is typically used to prove premises liability. Negligence happens when a person fails to exercise the care they are reasonably expected to show others, with such failure causing injury to another person.

In the context of premises liability, negligence typically takes the form of the property owner or manager failing to take specific precautions, such as failing to make sure there is adequate security on the premises.

To prove a premises liability claim based on negligence, it must be shown that:

1. The property owner owed a duty of care to the person who was injured on the property
2. There was an unsafe or dangerous condition on their property
3. The property owner knew about the dangerous condition, yet failed to fix or address it; and
4. The property owner’s failure to prevent the incident was the cause of the person’s injuries and measurable damages

As a general example, suppose that a property owner knew that a pool deck on their property was about to collapse. If it collapses while someone is standing on it and they get injured, it could form the foundation for a premises liability case.

There are varying levels of duty that the owner must abide by, as will be shown in the following section. These depend on the way the visitor relates to the property.

You may be entitled to damages if you were hurt on someone else’s property and they failed to take the required steps to secure your safety.

If you or a loved one of yours were injured while at another’s property, you may deserve compensation for expenses and losses. At Pierce Skrabanek, we have dedicated our careers to holding parties accountable for preventable injuries.

‍Contact us at (832) 690-7000 for a free, no-obligation consultation to discuss your legal options. We are on hand to guide you through the process from start to finish.

What Are the Categories of Visitors Under Texas Law?

Premises liability cases are complex because a property owner owes a slightly different duty of care to people who visit their property under Texas law. This depends on why the person entered the land or building.

The three basic categories of visitors include:

Invitee

This is a person who entered the property with the owner's express or implied permission for mutual business or benefit.

• Examples: Store customers, grocery shoppers, hotel guests, restaurant patrons, and tournament attendees.
• Duty of Care: Property owners owe the highest level of care to invitees. They must regularly inspect the property, fix hidden hazards, and post warnings about dangerous conditions they know about or reasonably should have discovered.

Licensee

This is a person allowed on the property for their own benefit or social reasons, rather than business purposes.

• Examples: Social house guests, neighbors dropping by, or utility workers making repairs.
• Duty of Care: Property owners must warn licensees about known hazards that the visitor is unlikely to discover on their own. However, owners generally do not have an ongoing legal obligation to inspect the property for hidden dangers before a licensee arrives.

Trespassers

This is someone who enters or remains on a property without any lawful right or permission from the owner.

• Examples: Uninvited intruders, people taking unauthorized shortcuts across private land, or loiterers after business hours.
• Duty of Care: Property owners generally do not owe a duty of care to protect adult trespassers from natural or accidental hazards. However, owners cannot intentionally injure a trespasser or set traps meant to harm them. (Special rules also apply to protect young children from dangerous property features like unsecured swimming pools).

Where Can a Premises Liability Accident Happen in Houston?

A dangerous property condition can cause an injury in places you visit every day. From an apartment parking garage to a grocery store aisle, property owners and businesses have responsibilities when people are lawfully on their property. 

Our Houston premises liability attorneys handle claims involving many different types of properties, including:

• Apartment complexes and condominiums: Residents and guests may be injured by broken stairs, loose handrails, poor lighting, damaged sidewalks, unsecured entry points, unsafe elevators, or hazards around pools and common areas. Negligent security, such as broken gates or inadequate lighting, can also play a role in certain cases.
• Grocery stores and supermarkets: Spilled liquids, wet floors, falling merchandise, damaged flooring, blocked aisles, and poorly maintained shopping areas can create serious risks for customers.
• Shopping centers and malls: Parking areas, sidewalks, escalators, stairways, entrances, and common areas may become dangerous when property owners or businesses fail to address defects or other hazards.
• Restaurants, bars, and nightclubs: Wet floors, grease, broken steps, poor lighting, crowded walkways, and inadequate security can cause injuries to customers and other lawful visitors.
• Retail and big-box stores: Customers can be hurt by falling products, unstable displays, cluttered aisles, damaged floors, broken shopping carts, or other conditions that should have been corrected or clearly marked.
• Parking lots and garages: Potholes, cracked pavement, uneven surfaces, poor drainage, inadequate lighting, and other hazards can lead to falls and other injuries. In some cases, security problems may also raise questions about whether a property owner took reasonable precautions to protect visitors.
• Hotels and short-term lodging: Guests can suffer injuries from slippery surfaces, defective balconies, broken railings, unsafe stairs, elevator problems, pool hazards, or other maintenance issues.
• Office buildings and commercial properties: Employees, customers, contractors, and visitors may encounter unsafe elevators, stairways, walkways, entrances, or other building hazards.
• Hospitals, clinics, and medical facilities: Patients and visitors can be injured by wet floors, uneven walkways, defective equipment or fixtures, unsecured areas, and other dangerous conditions on medical property.
• Schools, daycares, and educational facilities: Children, parents, teachers, employees, and visitors may face risks from poorly maintained playgrounds, damaged flooring, unsafe stairs, inadequate security, or other property hazards.
• Gyms and fitness centers: Broken equipment, wet floors, inadequate maintenance, and unsafe locker room or pool areas can lead to serious injuries.
• Sports, concert, and entertainment venues: Stadiums, arenas, theaters, amusement facilities, and other venues may present risks involving crowded conditions, poor lighting, damaged seating, unsafe walkways, inadequate security, or poorly maintained facilities.
• Construction sites and industrial properties: Workers, contractors, visitors, and others who are permitted on a site can face dangers from exposed materials, debris, open holes, defective equipment, missing barriers, inadequate warnings, or hazardous substances.
• Private homes and residential property: Homeowners may have legal responsibilities when guests, service providers, or other permitted visitors are injured because of an unsafe condition they knew or should have known about.
• Public and community properties: Parks, recreational facilities, government buildings, sidewalks, and other public spaces can also present dangerous conditions. These claims may involve different rules and deadlines, so it is important to identify who owns and controls the property.

Who Can a Houston Premises Liability Attorney Hold Responsible for an Unsafe Property?

Finding out who is legally at fault for a hazardous condition isn't always straightforward. Depending on how the property is managed, multiple parties can share liability:

• Property Owners: Landowners and building owners are responsible for maintaining safe premises and staying up to code.
• Commercial Tenants and Business Operators: Store managers or businesses renting a space often bear the legal duty to keep the interior space safe for customers.
• Property Management Companies: Third-party companies hired to oversee maintenance, repairs, and daily operations can be held accountable if they neglect repairs.
• Maintenance and Cleaning Contractors: Independent crews hired to clean, fix, or inspect structural features can be held responsible if their poor work creates an unsafe hazard.
• Security Firms: Outside security contractors may be liable if their guards fail to protect visitors from preventable criminal acts in areas known for danger.

Why Do I Need a Houston Premises Liability Lawyer and How Do They Build Your Case?

Property owners and corporate insurance carriers rarely admit fault right away. Instead, they often claim that you were careless or that the danger was obvious. Working with experienced Houston premises liability lawyers levels the playing field.

When you hire Pierce Skrabanek, we build your case by:

• Preserving Critical Evidence: We send formal legal notices demanding that property owners save security footage, maintenance logs, and internal incident reports before they are erased or discarded.
• Investigating the Danger: Our attorneys inspect the scene, measure light levels, analyze floor materials, and review building code compliance.
• Interviewing Witnesses: We locate and record statements from bystanders, store employees, and former workers who know about past safety violations.
• Consulting Industry Experts: We partner with safety engineers, medical professionals, and accident reconstructionists to prove how the defect caused your injuries.
• Calculating Total Losses: We detail the full impact of your injuries—from initial hospital stays to long-term care needs and missed career opportunities.
• Handling Negotiations and Trial: We take over all calls with aggressive insurance companies. If they refuse to offer a fair settlement, our seasoned trial attorneys are ready to fight for you in front of a jury.

Why It's Important to Contact a Houston Premises Liability Lawyer Early On

Time is critical after a property injury in Texas. Here is why reaching out to our team immediately makes a massive difference in your case:

• Evidence Disappears Quickly: Property owners often repair broken steps, clean up spills, or fix lighting shortly after an accident. Surrounding security camera footage is often overwritten in as little as a few days.
• Strict Texas Deadlines: Under the Texas statute of limitations, you generally have two years from the date of the injury to file a personal injury lawsuit. Missing this legal deadline means losing your right to recover anything.
• Insurance Companies Act Fast: Adjusters often call victims within hours of an incident, looking for casual comments they can use to shift the blame onto you. Having a lawyer from our Houston Premises Law Firm handle communications stops insurance companies from taking advantage of you.

How Does the Duty of Care Apply in Premises Liability Cases?

Premises liability cases are so complex because the property owner may owe a slightly different duty of care to people who visit their property. This depends on many different contextual factors.

The main idea is that the duty of care depends on whether the person was invited, what their purpose was in being there, and whether the property owner had an opportunity to fix potentially dangerous conditions.

These categories will differ according to state law; in addition, there may be exceptions to these rules. For example, property owners generally don’t need to warn trespassers of dangers; however, they also typically can’t set booby traps to injure them.

So, sorting out damages and liability can be very confusing if you were injured while on someone else’s land or property. Thus, it’s in your best interests to hire a lawyer who can research the laws in your area and determine what your options are in terms of damages.

Serving Houston, TX Residents for Over 30 Years