A premises liability lawsuit seeks compensation on the grounds that the conditions of the premises in question were defective in some way and led to your injury.
You should not have to pay for a property owner’s negligence or failure to keep you safe if you were on the property lawfully. To cover the damages and losses you suffer as a result of your injury, you will need to claim compensation.
However, premises liability cases are generally technical and complex.
Insurance companies are reluctant to pay up and it often requires experienced legal assistance to recover what you deserve.
Whether you have suffered a swimming pool accident, a slip and fall injury, a dog bite injury, or another type of accident, premises liability lawyer Ryan DeHoyos can help you claim what you deserve and move on with your life after your injury.
If your past, present, or future life has been impacted by an accident that was no fault of yours, you deserve full and fair compensation for injuries, financial losses, and emotional pain and suffering.
In premises liability cases, to recover the fair compensation you are likely going to have to deal with insurance companies whose representatives are trained specifically in minimizing payouts. They are notoriously reluctant to pay for accidents until they are forced to.
To get what you deserve for your injury, you may need someone on your side who is trained in maximizing payouts.
Most people do not have the skills or experience to handle aggressive insurance company representatives.
A seasoned premises liability lawyer will establish proof of negligence that led to your injury and seek maximum possible compensation for medical expenses, pain and suffering, lost wages, and other associated costs.
The insurance company may try to deflect negligence away from their client and look to blame the claimant. This is to avoid or minimize compensation.
Never agree to the first offer from the insurance company without speaking with a lawyer.
Ideally, let a premises liability lawyer handle all communications with the insurance company from the beginning.
Call your personal injury lawyer as soon as possible after your accident. While you focus on recovery from your injury, the lawyer can handle the compensation claim.
Ryan DeHoyos’ legal skills and experience in premises liability claims mean he can help you hold the negligent property owner accountable and the insurance company liable.
Ryan and his team start by listening to the details of your case. We will inform you of your options before moving forward.
If you decide to proceed, we will investigate what happened on the premises and gather evidence to substantiate your claim. Then, we will handle all communications with the insurance company, relieving the stress for you and your family.
Our experience with such claims ensures that you do not have to settle for less than you are entitled to. We push for the maximum possible settlement or take the matter to court.
Ryan DeHoyos is equally adept at trial as in negotiations outside of the courtroom if no settlement is possible. We have a strong track record of settling matters out of court but, if necessary, a jury will decide the outcome.
Recognized as a Rising Star by Super Lawyers in 2019, Ryan is intimately familiar with the local Houston court system as well as the procedures and laws involved in all types of personal accident injury claims.
Been injured on another’s property in Houston?
If you have been injured on another persons property due to negligence, call us at (832) 745-4878 or schedule a free and confidential consultation about your case today.
Premises liability occurs when you are injured on a property of some type. It may fall on the owner or the resident of the premises depending on the situation. This is different from personal liability, which occurs if someone does something negligent that causes harm to another person (e.g., disobeying road signals and causing a car accident).
Premises liability cases generally hinge on several key factors:
Was the property owner negligent?
What was the “classification of visitor”? Was there a duty of care?
Is the “law of attractive nuisance” applicable?
Was the injured party an independent contractor?
We have already referred to the fact that negligence must be proven by a skilled premises liability lawyer.
In most cases, you must also be able to show that the defendant legally owns the property and you were permitted to be there at the time of the incident.
Duty of care/classification of visitor
Whether or not the property owner can be found liable is dependent on the type of visitor and whether a legal duty of care was owed to that individual, as well as negligence.
For a premises liability claim to be successful, the following three factors must exist:
The defendant owed a duty of care to the plaintiff
The defendant breached that duty of care
The breach caused the plaintiff’s damages
The duty of care is determined by the classification of visitor. In the simplest of terms, if you were invited on to a property you are owed a duty of care whereas, if you are there illegally, you are not.
According to Texas premises liability law, the three types of visitor classification are as follows:
Licensee – The owner has given consent for this individual to enter the property. Common examples of licensees include salespeople and social guests. As the property owner has given consent, it is his/her duty to ensure that the property is safe and to warn the licensee of any potential hazards.
Invitee – The owner has given permission to this individual to enter the property. An invitee (meter reader or groundskeeper, for example) provides mutual benefit to both parties and is therefore owed the utmost duty of care.
Trespasser – The owner has not permitted this individual to enter the property. As such, the owner does not have a duty of care to ensure that the property is safe for the trespasser. The only duty owed by the owner is to not willfully harm the trespasser.
If you are unsure of your visitor classification at the time of your injury, the team at Ryan DeHoyos Law Firm, PLLC can help during a free initial consultation.
Although a property owner generally has no duty of care to protect a trespasser from harm, there are certain exceptions to this rule.
The law of attractive nuisance states that the property owner may be liable if a child is injured when trespassing if the child was drawn to the property by something likely to attract children.
A good example is a swimming pool. Property owners are expected to secure their swimming pool with adequate barriers (fences, gates, etc.) so that no child can enter without permission. If a child enters and is injured due to a hazardous condition, the property owner may be held liable.
If an independent contractor (roofer, plumber, etc.) is injured while working on your house, who can be held liable?
These cases can be especially complex.
According to the Texas Civil Practice and Remedies Code, property owners are not liable when an independent contractor is injured on the job unless the property owner had knowledge of the danger and failed to mention it or the property owner is directly in control of the job.
Common types of premises liability injuries in Houston
The team at Ryan DeHoyos Law Firm, PLLC most commonly handles cases involving the following types of premises liability injuries in the Houston area:
As you can see from the above list, premises liability lawsuits involve many different types of properties, from shopping malls, churches, and amusement parks to apartment complexes and other private residences. Free Online Consultation
What happens if your injury occurred on government property?
Concerning governmental property, the Texas Tort Claims Premises Defect Act comes into play.
This states that if a liability claim arises, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property unless the claimant pays for the use of the premises.
It covers many types of governmental activities, properties, and locations, including each of the following:
Street design and construction
Bridge design, construction, and maintenance
Regulation of traffic
Compensation for premises liability claims
In Texas, if you were injured on someone else’s property due to negligence, you can file a premises liability claim against the at-fault party.
Depending on the type and severity of your injuries, you may be able to claim the following types of damages:
Medical expenses – current and future
Lost income – current and future
Emotional pain and suffering
The judge can also award punitive damages if the defendant was grossly negligent or the actions were intentional.
Contact DeHoyos Law Firm, PLLC Today
Most premises liability lawsuits are highly complex and should not be attempted without the assistance of an experienced injury lawyer.
Ryan DeHoyos and his team help victims claim what they deserve.
If you or a loved one has been injured on another’s property in the Houston area, get the support you need. Contact DeHoyos Law Firm, PLLC today via our online form or call (832) 745-4878 for a free and confidential consultation about your case.
Ryan DeHoyos is an experienced Houston-based personal injury lawyer. Recognized as a “Rising Star” on Super Lawyers (2019), Ryan DeHoyos can help secure the compensation you deserve so that you can move on with your life in the knowledge that you have received some measure of justice. He represents clients who have been injured in a car accident, truck accident, motorcycle accident, or any other type of accident and gets them the compensation they deserve. Call him at (832) 745-4878 for a free consultation.
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