Premises Liability Attorney Serving the Greater Houston Area

Accidents occurring on another's property due to negligence can lead not only to physical injuries but also to legal battles over premises liability. Premises liability laws are designed to protect individuals who are injured on property owned or maintained by someone else, holding property owners accountable for maintaining a safe environment.  

Whether you've suffered an injury due to a slip and fall, inadequate security, or any unsafe condition, my firm, Jose Orihuela, Attorney at Law, is here to champion your rights. I’m committed to helping you through the process of seeking compensation. I proudly stand up for clients throughout the great Houston area, the surrounding areas of Webster, Pasadena, South Houston, Clear Lake, Friendswood, League City, and the rest of Texas. Reach out to me for assistance with your claim.  

Defining Premises Liability 

Property owners, both residential and commercial, have a duty to ensure their premises are reasonably safe for visitors; this is known as a "duty of care". When they fail to meet this duty, and someone is injured as a result, the property owner may be held liable for the victim's injuries.  

Premises liability cases arise when an individual sustains an injury on someone else's property due to the property owner's negligence. This negligence can manifest in various forms, such as failing to repair dangerous conditions, neglecting to warn of hazards (such as stray voltage), or not providing adequate security measures.

Types of Premises Liability Cases 

After an injury, establishing who was at fault for the accident is the central aspect of an injury claim. Although the law may vary depending on the circumstance, if the accident occurred on someone else's property and was caused by the negligence of the property owner, then they will most likely be held responsible for any injuries sustained in the accident. Premises liability encompasses a broad range of incidents, including but not limited to: 

Slip-and-Fall Accidents 

Slip-and-fall accidents are the most common of premises liability accidents that occur in the United States. In fact, the risk of slip-and-fall accidents is highest for industrial and construction workers. According to the Occupational Safety and Health Administration (OSHA), 320 construction workers were fatally injured in work-related slip-and-fall accidents in 2018 alone.  

Dog Bite Incidents 

Unlike many other states that do not hold a dog owner liable for a dog bite unless the dog has a history of biting or attacking, Texas does not follow the one-bite rule. In Texas, a dog owner can be found responsible in cases where they were negligent in providing ordinary care for the animal or failed to properly restrain the dog.  

Swimming Pool Accidents 

In Texas, property owners who have swimming pools must take special care to prevent potential injuries. In situations where the owner does not take the proper precautions to secure or provide appropriate supervision to swimmers, the property owner can be held liable in court for any injuries that result from their negligence.  

Swimming pool accidents are one instance when the attractive nuisance doctrine might come into play, a legal principle that applies in premises liability cases involving injuries to children. It recognizes that children may be drawn to attractive but potentially dangerous conditions on someone's property. Property owners have a duty to secure these hazards to prevent accidents. If a child is injured by an attractive nuisance, the property owner can be held liable even if the child was trespassing as they may not have fully understood the risks involved. 

Burns and Property Owner Liability 

Burn injuries are another critical area of concern in premises liability cases. These injuries can occur in residential areas, workplaces, or public spaces, often due to the property owner's failure to address fire hazards or to provide adequate fire safety measures. Burns can result from a variety of circumstances, including exposed wiring, flammable materials left unattended, malfunctioning appliances, or lack of fire escapes or safety equipment. The severity of the burns can range from minor injuries to life-threatening conditions, and the recovery process often involves extensive treatment, including surgery and rehabilitation. 

Proving Negligence in Premises Liability Cases 

Proving negligence in a premises liability case involves demonstrating that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to repair it or provide adequate warning. Key factors include the foreseeability of the accident and whether the owner took steps to mitigate risks. Documenting the scene of the accident, obtaining witness statements, and securing surveillance footage can be key to establishing negligence. 

What to Do if You're Injured on Someone Else's Property 

If you suffer an injury on someone else's property, it's important to take immediate steps to protect your rights: 

1. Report the incident to the property owner or manager. 

2. Document the scene by taking photos and notes of the hazardous condition. 

3. Seek medical attention, even if your injuries seem minor. 

4. Contact a premises liability attorney as soon as possible to explore your legal options. 

It's wise to act swiftly, gather evidence diligently, and consult with an experienced premises liability attorney to ensure your rights are protected and to achieve the fair outcome you deserve. Whether your injury occurred on private or public property, the path to recovery both physically and legally starts with informed action and choosing the right legal advocate to stand by your side. 

How My Firm Can Assist You 

At Jose Orihuela, Attorney at Law, I offer personalized legal representation to individuals who have been injured on someone else's property. My approach starts with a comprehensive evaluation of your case, followed by meticulous preparation and aggressive advocacy on your behalf. I'm committed to seeking the compensation you deserve for medical expenses, lost wages, pain and suffering, and more. 

FAQs About Premises Liability 

What is the statute of limitations for premises liability cases in Texas? 

In Texas, you generally have two years from the date of the accident to file a premises liability lawsuit. Consult with an attorney as soon as possible to ensure your claim is filed within the legal timeframe. 

Can I file a claim if I was injured at a friend or family member's house? 

Yes, you can file a premises liability claim if you were injured at a private residence due to the homeowner's negligence. Most homeowners' insurance policies cover such incidents, meaning the homeowner's insurance would likely compensate you for your injuries. 

What if I was injured at work? 

Injuries sustained at work may fall under worker's compensation or premises liability, depending on the circumstances. An experienced attorney can help determine the most appropriate course of action for your specific situation.