Premises Liability Attorneys in Texas

The Pursley Law Firm, premises liability lawyers in Texas, would like to help you learn more about your rights if you have been involved in an accident or sustained injuries on a property other than your own. An attorney at the Pursley Law Firm will review your premises liability case at no charge to you if you have been injured in Texas including Houston, Dallas, San Antonio, and most of Texas.

Owners and occupiers of land, such as business owners, landlords, and tenants have a legal duty to maintain their property in a condition that is safe for others (Texas Civil Code 75.002(c)). The legal term "premises liability" refers to the ability to hold owners and occupiers of property legally responsible for accidents and injuries that occur on that property. A property owner or occupier must take reasonable steps to make sure that their property is safe and/or in some cases, the property owner or occupier must warn people on their property of any dangerous conditions. If it is provable that the property owner or occupier’s failure to take reasonable steps to provide a safe property results in an injury, then the injured person may be able to recover monetary damages from the negligent owner or occupier.

There are certain situations that arise when the negligence of a property owner or occupier results in serious or catastrophic injury. Drowning, lack of security at a retail store, lead poisoning, and exposure to toxic chemicals or other harmful substances are all injuries that could be foreseeable and preventable. If you live or work in a building that has a danger of lead contamination and poisoning, you have a right to be notified previous to your occupation of the building. The state of Texas sets standards for lead abatement and remediation programs that must be followed for the good of public health. The Texas Department of Health also has set guidelines and standards when it comes to exposure to toxic chemicals or substances. Depending on the substance, it can take a very small amount to cause serious injury or even death. Some of the common substances that can be harmful to humans are asbestos, lead-based products, mold, latex (if allergic), benzene and numerous other chemicals.

Drowning - Each year approximately 4500 people drown and many of these occur while on another person’s property. Almost 25% of those are children under 18 years old and there are 4 more children with a water related injury for every one that drowns. Some of these accidents are a result of a land owner or occupier’s negligence. For example, proper safety measures, such as fences surrounding the pool, latches on gates that are out of reach of children, pool covers, motion sensors, or failure to provide proper supervision may not have been taken with respect to a swimming pool, especially when children are using the property.

Lack of Security at Retail Stores - Retail store owners not only have the duty to make sure that their stores are free from conditions that may cause injury to customers, but they must also take reasonable steps to maintain the safety of their customers with respect to preventing crime against the customers (e.g., lighting in parking lot and building exit, security patrols, or repairing holes in fences). For example, retail store owners need to proactively rectify any safety hazards on the property of the store and if there is no way to rectify the hazard, they need to adequately warn and protect the guests.

The landowner must not knowingly, negligently, or maliciously fail to guard or warn against any dangerous conditions, use, structures, or activities, or they may be found liable no matter what the status of the injured customer is. The burden of proof is on the customer/injured person to prove negligence or purposely not ensuring the safety of the guests.

Premises liability is a broad area of personal injury law. It covers many different situations and circumstances in which a person(s) can be injured, or the injuries result in death. This can be very confusing and complicated to determine where the responsibility and liability for the injuries lie, so it is imperative you contact an experienced attorney as soon as possible after the incident to examine the facts and help you understand your case.

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