Houston Premises Liability Lawyer
Getting injured on another person’s or company’s property due to their negligence or reckless actions can be frustrating and confusing. What are your legal options? Do you have a claim? Understanding premises liability law in Texas is important. In cases where you’ve been hurt due to property owner negligence, you may be able to pursue compensation for your damages. There's a simple reason why:
Property owners have a responsibility to keep their space maintained and safe for guests—whether a retail store, restaurant, home, or any other type of facility. Beyond that, they have a responsibility to ensure that the land is designed in a safe manner. For example, should the layout leave you with limited visibility that leaves you defenseless in the wake of a violent crime, they could be partially liable.
Elements of a Premises Liability Claim
To give you a brief understanding of these cases, please review the following elements of a premises liability case.
These following elements must be proven to make a successful case:
- The defendant is in possession of the premises. This is more than just proving that the defendant owns the land. In some cases, ownership is not even required. All that must be proven is that they are in control of the premises. For example, someone renting an apartment could be held liable for the state of the apartment.
- The plaintiff was allowed to be on the premises. There is no claim if the plaintiff did not have the lawful right to be on the property. It must be proven that the plaintiff had clear right either by being invited or by being licensed. A trespasser doesn't have rights to file a claim.
- The defendant failed their duty to safely maintain the premises. The final element is often considered to be the most important. This is often the crux of the case - it must be proven that the defendant had a duty to maintain the property to promote safety and they failed to do so.
To put it simply, you must be able to demonstrate that the defendant owed you a duty, they breached that duty, this breach was the cause of your accident, and finally, the accident caused you damages. Proving those four key elements lends to an effective premises liability claim.
What About Negligent Security?
Many don’t realize that negligent security is another form of premises liability. Everyone who resides in or stays at someone else's property is entitled to reasonable security measures. If you were injured or assault due to a lack of security, your case could fall under premises liability law. This may include cases such as battery or armed robbery, sexual assault, or any other crime that involves violent force.
A property owner may be liable if they failed to take security measures such as the following:
- Inadequate or lack of security cameras
- No security guards or personnel
- Lack of safe lighting in parking lots or structures
- Broken locks or damaged fencing
Let Arnold & Itkin Stand Up for You
One of the most important steps you can take following an accident on another’s property is talking to a Houston premises liability attorney. The team at Arnold & Itkin is well-versed in the complexities of such cases and knows how to identify fault and other necessary elements. We know how challenging premises liability claims can be and how difficult they can be to successfully litigate. Our unwavering commitment to injury victims includes guiding them through the whole process from start to finish, maximizing their chances for victory.
If you have been injured, it is in your best interests to get the involvement of the legal team at Arnold & Itkin LLP as soon as you can. Our Houston premises liability attorneys have been successful in recovering billions of dollars in verdicts and settlements on behalf of our clients. We do not rest until our clients get the answers they deserve and the financial recovery they need.
Contact Arnold & Itkin at (888) 493-1629 for a free initial consultation. We'll give you some much-needed answers and get started on investigating your case.