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We Take Your Personal Injury Personally

Let Us Handle All Aspects of Your Case and Fight To Get You The Maximum Compensation You Truly Need and Deserve.
Click For a FREE Consultation

Houston Premises Liability/Slip and Fall Injury Lawyer

Slipping, tripping, and falling may seem like ordinary accidents, but sometimes, these lead to serious injuries that bring great suffering to victims. Further, an accident like these could have been caused by a dangerous condition on the premises, which could mean that the property owner may have been negligent. This may entitle the victim to compensation under the concept of premises liability.

If you were injured on someone else’s property and you believe the property owner’s negligence played a part in it, talk to a Houston slip and fall attorney at the Cook Law Firm. We can make sense of your case, determine your rights, evaluate what you are entitled to, and fight for what you deserve.

What is Premises Liability?

Premises liability is the legal concept that holds property owners liable for injuries of persons within their premises. Property owners have the duty to ensure that their premises are reasonably safe for visitors. That means when there is a dangerous condition on someone’s property and this leads to a visitor’s injury, the owner may be considered negligent and the injured visitor may file a claim for compensation.

Slips and falls are common examples of injurious accidents that may entitle you to a premises liability claim. Other examples include:

  • Electrocution
  • Dog bites and animal attacks
  • Swimming pool accidents
  • Chemical exposure

Invitee, Licensee, And Trespasser

In Texas, a property owner’s duty to keep you safe depends on what kind of visitor you are.

Invitee

In legal terms, you are an invitee if you entered the property with the owner’s knowledge, and for the benefit of both you and the owner. Being a customer at a shop, for example, means you are an invitee.
The property owner has the highest duty to an invitee. The owner should inspect the premises, correct any dangerous condition, and warn the invitee about that danger.

Licensee

You are a licensee if you entered the property with the owner’s knowledge, but only for your own convenience. If you paid a social visit, for example, you would be considered a licensee.

Trespasser

A trespasser is someone who enters a property unlawfully or without the owner’s consent, and only for the trespasser’s own purposes. A property owner has minimal duty to trespassers, except to avoid wilfully harming them.

A property owner who fails in his or her duty to you as a visitor may be held responsible for your injury. However, it can be difficult to establish that the owner indeed failed this duty. It is best for you to enlist an injury attorney to gather evidence, navigate the law, and build a solid premises liability claim.

Difference Between Premises Liability And Negligent Act

Under Texas law, you may have another legal course of action if you were injured on someone’s property. Aside from a premises liability claim, you may file a negligent act claim.

Both these legal actions are negligence-based, but the difference is that in a negligent act claim, your injury must have resulted from an on-going activity instead of a dangerous condition on the premises.

An example of a negligent act is the case of Wal-Mart Stores, Inc. v. Garza. In that case, store employees were moving a box overhead but dropped the box on the plaintiff (claimant). The on-going activity – moving the box – was the cause of the injury, so it was a negligent act.

On the other hand, a famous example of premises liability is the case of Keetch v. Kroger Co. At a Kroger store, a substance had been sprayed on plants and some of that spray landed on the ground. Half an hour later, the plaintiff slipped on that substance. Here, there was no on-going action but there was still a dangerous condition on the premises.

Consult With Cook Law Firm

There are crucial legal elements in a premises liability claim, and it takes a knowledgeable, experienced lawyer to ensure your case has these elements. Moreover, it takes skillful aggressiveness to push your claim even when it becomes difficult.

Houston premises liability attorney Andrew Cook has the skill and experience to handle your accident claim. So, if you or a loved one have been seriously injured due to the negligence of a property owner, then contact us today.

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