Baytown Premises Liability Lawyer

EXPERIENCED AND RESULTS-DRIVEN BAYTOWN PREMISES LIABILITY LAWYERS

Did a Hazardous Condition Injure You? Let Us Help You Get Justice.

A premises liability claim arises when a hazardous condition on a property harms someone who was there with the express or implied permission of the owner. Texas law allows you to seek compensation from the negligent property owner, occupier, or manager through a premises liability claim if this happens to you. If your claim succeeds, you can receive monetary compensation from the negligent party.

However, premises liability claims are not always straightforward, and there are defenses the defendant can use that you might not be aware of. Different statutes and case laws affect these cases, and not understanding them can negatively affect your case, so it is best to get legal representation rather than handling your case alone and risking costly mistakes.

At Terry Bryant Accident & Injury Law, our Baytown lawyer has experience representing plaintiffs with premises liability claims. We know the applicable laws and how to use them to prove your claim and the damages suffered. Our lawyers will always protect your rights and work tirelessly for a favorable outcome.

We provide free initial consultations during which you can tell us what happened. We will assess the case facts, strengths, and weaknesses. We will also guide you, ensuring you only take actions that maximize your compensation. Call us now at (713) 973-8888 to schedule a free and confidential case review.

Why Choose Our Baytown Premises Liability Attorney?

At Terry Bryant Accident & Injury Law, our attorneys have dedicated their careers to helping those injured by the negligence of property owners, occupiers, or managers. We have done this for over three decades, and in that time we have recovered significant settlements and verdicts for thousands of clients. We know how an injury can derail your life, and we work hard to get you fair compensation that will help you get back to your life.

Our past clients are pleased with our services, and we have 98% online positive ratings. We are also skilled negotiators and trial lawyers that are certified by the Texas Board of Legal Specialization. So, whether you want to settle or take your case to trial, you can count on us to adequately represent you.

We will always prioritize your interests and create a strategy to help us get you the best possible outcome. If you need a reliable and ethical team committed to getting results, call us now at (713) 973-8888.

We deliver results for our clients, and our track record tells the story of the hard work we put into every single case that we accept. 

Types of Premises Liability Cases We Handle

Over the years, we have handled many premises liability claims, including the following:

Slip and Fall Claims

This is the most common type of premises liability claim. Slips and falls happen when someone slips, trips, or falls due to a hazardous condition, such as a wet floor, uneven surface, or poorly maintained staircase.

Negligent Security Claims

Property owners must provide adequate security on their premises. A negligent security claim arises when someone is injured due to criminal activity, such as an assault or robbery, that happens on the property because of the owner’s negligence—for example, a lack of security personnel in an area where crime is prevalent.

Inadequate Maintenance Claims

Property owners, occupiers, or managers must maintain their premises safe. This includes fixing broken railings, leaking roofs, or malfunctioning elevators. They can be held liable if they fail to perform routine maintenance and repairs, leading to an injury.

Dog Bites and Animal Attacks

If a property owner or occupier has a dangerous and unrestrained animal with or without a history of aggressive tendencies, they can be liable for bites or attacks. Texas follows a strict liability law called the “one bite rule” for dog bites.

Swimming Pool Accidents

Property owners with swimming pools are responsible for ensuring the area is safe. If someone is injured or drowns in an unsecured or poorly maintained pool, the owner may be liable. A common swimming pool accident is a drowning because of the lack of fencing or gate locks.

We also handle premises liability claims from:

• Falling objects
• Elevator and escalator accidents
• Toxic exposure
• Fire and explosion
• Amusement park accidents
• Negligent supervision
• Staircase and handrail accidents
• Inadequate signage or warnings
• Retail store accidents
• Construction site accidents.

Each claim is unique, but our Baytown premises liability lawyer knows what is needed to establish liability and hold the negligent property owner accountable.

Who Can File a Premises Liability Claim in Baytown, Texas?

Eligibility to file a premises liability claim depends mainly on your status on the property when the accident happened. Under Texas law, visitors can be classified as invitees, licensees, or trespassers, and the duty owed to you by the property owner depends on your classification. It also impacts the outcome of your premises liability claim.

Invitees

An invitee enters a property for a business or mutual benefit. Examples include customers at a store, patrons at a restaurant, or even contractors performing work on the property. Invitees are usually present on the property with the owner’s knowledge and for the property owner’s benefit.

Property owners owe invitees the highest duty of care. As such, they must regularly inspect their property for dangerous conditions, warn invitees of any known hazards, and fix or remedy unsafe conditions within a reasonable time. Failure to do this can lead to a claim.

Licensees

A licensee enters a property for social purposes, such as visiting friends or attending a party at a private home. They are not there for any commercial or business benefit to the property owner. As a result, the property owner owes them a moderate duty of care.

Property owners must warn licensees of known hazards that are not obvious or reasonably discoverable. They must also fix the dangerous conditions they are aware of. If a licensee gets injured because of hidden dangers the property owner knew of and failed to disclose, they can sue for compensation.

At Terry Bryant Accident & Injury Law, our Baytown, Texas, premises liability lawyers can help you determine the validity of your claim and the duty owed to you by the property owner. 

Trespassers

A trespasser enters a property without permission or legal right. Since the property owner does not invite or expect them, they are owed the least duty of care. Generally, a property owner, occupier, or manager does not have to ensure their premises are safe for trespassers.

However, the property owner cannot deliberately set traps or cause harm to trespassers. On the other hand, trespassers cannot file a successful claim, making trespassing a common defense in premises liability claims. A trespasser will only have a claim if the property owner willfully harmed them.

Also, property owners are not exempted from liability if children are involved. Under the attractive nuisance doctrine, if a property owner fails to fix a hazard that is attractive to children and can harm them, they will be liable if any child gets injured. An example of a dangerous attraction is a swimming pool without a fence.

How We Prove Liability in Premises Liability Claims

In a premises liability claim, proving liability involves demonstrating that the property owner or occupier was negligent in maintaining safe conditions, which led to your injury. To this end, we will establish these legal elements required by Texas law:

Duty of Care

The property owner must have owed you a duty of care as an invitee or licensee. We will show that you had a legal right to be on the property and that, based on your status, the property owner had a duty to ensure your safety.

Breach of Duty

The property owner breached their duty by failing to address or warn of dangerous conditions they knew or should have known about. We will show that the property owner did not act as a reasonable person would in the same circumstances.

Causation

There must be a direct link between the hazardous condition and your injuries. We will show how the property owner was negligent in allowing the dangerous condition that caused your injuries. We will also establish that you might not have sustained injuries if not for the unsafe condition.

Damages

Damages are the losses you suffered, financial or otherwise, due to the injury caused by the hazardous condition. Without damages, you will not have a valid claim even if there is a dangerous condition on the property.

Notice of the Hazard

Under Texas law, proving that the property owner had notice of the dangerous condition on their premises is essential. The notice must be either actual notice (knowing of the hazard and failing to take action) or constructive notice (the hazard existed for such a period that the property owner should have discovered and corrected it through reasonable inspections and maintenance).

Our Baytown premises liability attorneys know the law and how to use it to build strong cases for our clients. 

Recoverable Compensation in a Premises Liability Claim

As an injured victim, you may recover the following compensation depending on your case facts:

• Lost wages
• Medical expenses
• Loss of earning capacity
• Pain and suffering
• Mental anguish
• Disfigurement
• Physical impairment
• Loss of consortium
• Property damage.

The court may award punitive damages in cases involving gross negligence or malicious conduct.

Baytown Premises Liability Lawyer FAQs

If you have questions after suffering an injury due to a hazardous condition, we will provide answers during the initial consultation. But first, below are some frequently asked questions.

What Is the Statute of Limitations for Filing a Premises Liability Claim in Baytown, Texas?

You typically have two years from the accident date to file a claim. Once the deadline passes, you can no longer seek compensation. (*Always speak directly to a lawyer for the exact deadlines that apply to your potential claims.)

Can I Still Recover Compensation if I Am Partially at Fault?

Yes. Texas follows a modified comparative negligence rule, so you can recover compensation if you are less than 51% responsible for the accident. However, your percentage of fault will reduce your compensation.

What Should I Do After Being Injured on Someone Else’s Property?

Seek medical attention; report the incident to the property owner, occupier, or manager; take photographs of the scene; and collect witness information. You should also contact our premises liability lawyer by calling (713) 973-8888 or toll-free 1(800) 444-5000 for a free and confidential consultation.

How Long Will It Take to Resolve My Premises Liability Case?

The timeline can vary depending on the complexity of your case, the extent of your injuries, and whether the case is settled or goes to trial. It can take several months to a few years to resolve.

How Our Attorneys Can Help You

When you retain our services, we will do the following:

• Investigate the accident
• Gather evidence of negligence
• Identify liable parties
• Assess the value of your claim
• Negotiate with insurance companies
• File legal paperwork
• Represent you in court
• Ensure deadlines are met
• Protect your legal rights
• Maximize compensation.

We will be with you every step of the way and regularly update you about the progress of your case.

Let Us Help You Seek Maximum Compensation!

If you or a loved one suffered injuries due to a hazardous condition on a property you were on as an invitee or licensee, contact Terry Bryant Accident & Injury Law now for a free and confidential consultation. We work on a contingency fee basis, so you don’t have to worry about upfront fees. Call us now at (713) 973-8888 or toll-free 1(800) 444-5000.