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Premises Liability Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

Were you hurt in an accident due to a hazard on someone else’s property? If so, the Houston premises liability attorneys are ready to help you get the fair compensation you deserve.

If you’ve been hurt on someone else’s property due to the negligence of the property owner, the owner may be responsible for compensating you for the harm you’ve suffered and losses you’ve incurred.

Treatment and rehabilitation for injuries suffered in a premises liability accident can take weeks or months and cost you and your family a great deal of money. A premises liability claim can help you obtain the compensation you need to pay for your recovery and help replace lost income if you miss time from work.

If you or a loved one have been injured in a premises liability accident, contact the Houston lawyers at Kherkher Garcia to schedule a consultation with a member of our legal team to learn about your legal rights and legal options.

What is a Premises Liability Claim?

A premises liability claim is a type of personal injury claim that involves an injury caused by a dangerous, defective, or hazardous condition of someone else’s property. Like many personal injury claims, in a premises liability claim, it is usually necessary to prove that the responsible property owner or occupier of property was negligent in his, her, or its use and maintenance of the property.

Common examples of premises liability claims include slip/trip and fall accidents, dog bites and attacks, swimming pool injuries, amusement park injuries, or inadequate security (that can lead to crime-related injuries).

What Duty Does a Property Owner Owe in Texas?

Under Texas law, a property owner owes a specific legal duty to each person who comes upon the owner’s property. The exact responsibilities that are owed depend on the status of the visitor to the property. The law recognizes three types of visitors in the context of premises liability cases:

  • Invitee – An invitee is someone who has permission to enter a property and comes onto the property for the benefit of the person or entity who owns or occupies the property. The most common example of an invitee is a customer of a store or restaurant (commonly called a “business invitee”). A property owner owes an invitee the highest duty to proactively keep the owner’s premises reasonably safe for the invitee.
  • Licensee – A licensee is someone who has permission to enter a property but does so for the licensee’s benefit. Examples of licensees would be utility maintenance workers or salesmen. A property owner owes a licensee a lesser duty than that owed to invitees. Traditionally, a property owner must only warn a licensee of dangerous conditions on the property that creates an unreasonable risk of harm if the property owner knows of the condition, and the licensee is not likely to discover it on their own.
  • Trespasser – A trespasser is someone who does not have permission to enter the property. A property owner owes a trespasser no duty under premises liability law except to refrain from intentionally inflicting unnecessary or unreasonable harm upon the trespasser.

Property owners owe special duties when a person who enters it is a child, regardless of the child’s status as a visitor. A property owner owes a child a duty to exercise reasonable care to avoid reasonably foreseeable risks of harm that can be caused by artificial conditions on the land, such as a swimming pool or heavy equipment or machinery.

Where Do Injuries Occur?

An injury can occur anywhere that a dangerous or hazardous condition exists. However, some features of properties are more likely to be dangerous or hazardous or more frequently traversed and, therefore, more likely to cause an injury. Familiar places where premises liability injuries occur include:

  • Sidewalks
  • Parking lots
  • Stairs
  • Elevators
  • Escalators
  • Staircases and stairwells
  • Porches
  • Swimming pools
  • Recently mopped or waxed floors
  • Construction sites
  • Playgrounds or amusement parks

Injuries Caused by Dangerous Property Conditions

At Kherkher & Garcia, our attorneys frequently see many of the same common injuries in premises liability accidents, such as:

  • Cuts and bruises
  • Dog bite injuries
  • Assault and battery injuries
  • Broken bones
  • Tendon, ligament, and muscle sprain, strains, and tears, and other soft-tissue injuries
  • Back injuries
  • Head injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Exposure to toxic substances or diseases

What Compensation Is Available?

When you or a loved one are injured in a premises liability accident or incident, you may be entitled to recover compensation for various kinds of damages, such as:

  • Medical expenses, including hospital bills, doctor’s office visits, surgeries, medication, physical or occupational therapy, home health care, or mobility equipment or prosthetics
  • Lost wages, if the injuries you suffered caused you to miss work and lose out on pay
  • Lost earning capacity, if your injuries prevent you from returning to your old job and quantity of work but you can return to employment with a lower level of income
  • Pain and suffering, which is the emotional and physical anguish and/or distress caused by injuries

Also, you might be entitled to recover compensation for any property damage you may have suffered in your accident or incident, such as a dropped cell phone or laptop computer, or torn or ruined clothing.

Frequently Asked Questions about Premises Liability

How long do I have to file a premises liability claim?

Under Texas law, you have two years from the date of your injury to file a lawsuit for compensation for damages caused by a premises liability incident. However, if you want to assert a premises liability claim against the state government or a state agency or a local government, you must provide notice of your claim to the appropriate government agency within six months of the date of your injury. If you fail to timely file your lawsuit or provide notice of your claim, your suit can be dismissed.

How do I recover compensation for a premises liability injury that occurs at someone’s home?

If you suffer an injury at someone’s home, such as a slip and fall accident, a dog bite injury, or a pool accident, you will often be able to recover compensation from the property owner’s homeowner’s insurance policy. That means that you would not have to seek compensation directly from a loved one, friend, or neighbor if you are injured on their property.

If I am injured on leased property, who is responsible – the landlord or the tenant?

As a general rule, a property owner is responsible for maintaining the property and keeping it free of dangerous and hazardous conditions.

However, a tenant could be responsible for maintaining the property or certain aspects of the property according to their lease. When a premises liability accident occurs due to a harmful or unsafe condition on a leased property, it is often necessary to review the lease for the property to determine who may have been responsible for the dangerous or hazardous condition.

In some cases, a property owner or tenant may contract out maintenance duties to a third party, who may bear some liability in a premises liability accident.

Why Choose Kherkher Garcia?

When you are injured on someone else’s property and need to pursue a legal claim for compensation, you may wonder what you should look for in a law firm to represent you in your claim.

When you hire Kherkher Garcia to help you pursue compensation in your premises liability claim, you get the assistance of a team of nationally recognized trial lawyers who have a track record of results. We are experienced trial litigators who know what it takes to get you the financial recovery you need and deserve.

Contact the Houston premises liability attorneys at Kherkher Garcia today to speak to a member of our legal team to learn about how our firm can help you and your family secure the compensation and justice that you need and deserve.

Premises Liability Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

Were you hurt in an accident due to a hazard on someone else’s property? If so, the Houston premises liability attorneys are ready to help you get the fair compensation you deserve.

If you’ve been hurt on someone else’s property due to the negligence of the property owner, the owner may be responsible for compensating you for the harm you’ve suffered and losses you’ve incurred.

Treatment and rehabilitation for injuries suffered in a premises liability accident can take weeks or months and cost you and your family a great deal of money. A premises liability claim can help you obtain the compensation you need to pay for your recovery and help replace lost income if you miss time from work.

If you or a loved one have been injured in a premises liability accident, contact the Houston lawyers at Kherkher Garcia to schedule a consultation with a member of our legal team to learn about your legal rights and legal options.

What is a Premises Liability Claim?

A premises liability claim is a type of personal injury claim that involves an injury caused by a dangerous, defective, or hazardous condition of someone else’s property. Like many personal injury claims, in a premises liability claim, it is usually necessary to prove that the responsible property owner or occupier of property was negligent in his, her, or its use and maintenance of the property.

Common examples of premises liability claims include slip/trip and fall accidents, dog bites and attacks, swimming pool injuries, amusement park injuries, or inadequate security (that can lead to crime-related injuries).

What Duty Does a Property Owner Owe in Texas?

Under Texas law, a property owner owes a specific legal duty to each person who comes upon the owner’s property. The exact responsibilities that are owed depend on the status of the visitor to the property. The law recognizes three types of visitors in the context of premises liability cases:

  • Invitee – An invitee is someone who has permission to enter a property and comes onto the property for the benefit of the person or entity who owns or occupies the property. The most common example of an invitee is a customer of a store or restaurant (commonly called a “business invitee”). A property owner owes an invitee the highest duty to proactively keep the owner’s premises reasonably safe for the invitee.
  • Licensee – A licensee is someone who has permission to enter a property but does so for the licensee’s benefit. Examples of licensees would be utility maintenance workers or salesmen. A property owner owes a licensee a lesser duty than that owed to invitees. Traditionally, a property owner must only warn a licensee of dangerous conditions on the property that creates an unreasonable risk of harm if the property owner knows of the condition, and the licensee is not likely to discover it on their own.
  • Trespasser – A trespasser is someone who does not have permission to enter the property. A property owner owes a trespasser no duty under premises liability law except to refrain from intentionally inflicting unnecessary or unreasonable harm upon the trespasser.

Property owners owe special duties when a person who enters it is a child, regardless of the child’s status as a visitor. A property owner owes a child a duty to exercise reasonable care to avoid reasonably foreseeable risks of harm that can be caused by artificial conditions on the land, such as a swimming pool or heavy equipment or machinery.

Where Do Injuries Occur?

An injury can occur anywhere that a dangerous or hazardous condition exists. However, some features of properties are more likely to be dangerous or hazardous or more frequently traversed and, therefore, more likely to cause an injury. Familiar places where premises liability injuries occur include:

  • Sidewalks
  • Parking lots
  • Stairs
  • Elevators
  • Escalators
  • Staircases and stairwells
  • Porches
  • Swimming pools
  • Recently mopped or waxed floors
  • Construction sites
  • Playgrounds or amusement parks

Injuries Caused by Dangerous Property Conditions

At Kherkher & Garcia, our attorneys frequently see many of the same common injuries in premises liability accidents, such as:

  • Cuts and bruises
  • Dog bite injuries
  • Assault and battery injuries
  • Broken bones
  • Tendon, ligament, and muscle sprain, strains, and tears, and other soft-tissue injuries
  • Back injuries
  • Head injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Exposure to toxic substances or diseases

What Compensation Is Available?

When you or a loved one are injured in a premises liability accident or incident, you may be entitled to recover compensation for various kinds of damages, such as:

  • Medical expenses, including hospital bills, doctor’s office visits, surgeries, medication, physical or occupational therapy, home health care, or mobility equipment or prosthetics
  • Lost wages, if the injuries you suffered caused you to miss work and lose out on pay
  • Lost earning capacity, if your injuries prevent you from returning to your old job and quantity of work but you can return to employment with a lower level of income
  • Pain and suffering, which is the emotional and physical anguish and/or distress caused by injuries

Also, you might be entitled to recover compensation for any property damage you may have suffered in your accident or incident, such as a dropped cell phone or laptop computer, or torn or ruined clothing.

Frequently Asked Questions about Premises Liability

How long do I have to file a premises liability claim?

Under Texas law, you have two years from the date of your injury to file a lawsuit for compensation for damages caused by a premises liability incident. However, if you want to assert a premises liability claim against the state government or a state agency or a local government, you must provide notice of your claim to the appropriate government agency within six months of the date of your injury. If you fail to timely file your lawsuit or provide notice of your claim, your suit can be dismissed.

How do I recover compensation for a premises liability injury that occurs at someone’s home?

If you suffer an injury at someone’s home, such as a slip and fall accident, a dog bite injury, or a pool accident, you will often be able to recover compensation from the property owner’s homeowner’s insurance policy. That means that you would not have to seek compensation directly from a loved one, friend, or neighbor if you are injured on their property.

If I am injured on leased property, who is responsible – the landlord or the tenant?

As a general rule, a property owner is responsible for maintaining the property and keeping it free of dangerous and hazardous conditions.

However, a tenant could be responsible for maintaining the property or certain aspects of the property according to their lease. When a premises liability accident occurs due to a harmful or unsafe condition on a leased property, it is often necessary to review the lease for the property to determine who may have been responsible for the dangerous or hazardous condition.

In some cases, a property owner or tenant may contract out maintenance duties to a third party, who may bear some liability in a premises liability accident.

Why Choose Kherkher Garcia?

When you are injured on someone else’s property and need to pursue a legal claim for compensation, you may wonder what you should look for in a law firm to represent you in your claim.

When you hire Kherkher Garcia to help you pursue compensation in your premises liability claim, you get the assistance of a team of nationally recognized trial lawyers who have a track record of results. We are experienced trial litigators who know what it takes to get you the financial recovery you need and deserve.

Contact the Houston premises liability attorneys at Kherkher Garcia today to speak to a member of our legal team to learn about how our firm can help you and your family secure the compensation and justice that you need and deserve.

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