When you are injured on someone else’s property, the law does not automatically make the property owner responsible. But when that owner knew or should have known about a dangerous condition and failed to address it, Texas law holds them accountable. Premises liability cases cover a wide range of situations, and the outcome depends heavily on the specific facts, the condition of the property, and who was on it and why.
Herrera PLLC represents injury victims in premises liability cases across the Houston area and statewide. These cases require an understanding of how property owners and their insurers evaluate and defend claims, and that background shapes how the firm approaches them on behalf of injured clients.
What Is Premises Liability?
Premises liability is the area of Texas law that governs when a property owner or occupier is legally responsible for injuries that occur on their property. The duty owed to someone on the property depends on why that person was there. A customer at a store, a guest at a restaurant, or a visitor at an apartment complex is owed the highest duty of care. A trespasser, in most cases, is owed far less. Understanding which category applies to your situation is one of the first steps in evaluating a premises liability claim.
Slip and Fall Cases
Slip and fall injuries are among the most common premises liability claims. They occur when a wet floor, uneven surface, broken step, poor lighting, loose flooring, or other hazardous condition causes someone to fall and suffer injury. These cases are often more complex than they appear. Property owners and their insurance carriers routinely argue that the condition was open and obvious, that the injured person was not paying attention, or that the owner had no reasonable opportunity to discover and fix the problem. Having an attorney who understands how those defenses are built and how to counter them matters from the very beginning of the case.
Common Premises Liability Situations
Dangerous conditions that give rise to premises liability claims appear in many settings. Grocery stores and retail locations with wet floors or uneven surfaces, restaurants and bars with slippery entryways or poorly maintained walkways, apartment complexes with broken stairs, inadequate lighting, or known hazards that have gone unaddressed, parking lots and garages with deteriorating surfaces or poor lighting, construction sites where the public is exposed to unreasonable hazards, and private properties where dangerous conditions are concealed or not adequately warned of are all situations where a property owner may be liable for resulting injuries. The setting matters, but what matters more is what the owner knew, when they knew it, and what they did or failed to do about it.
What You Should Do After an Injury on Someone Else’s Property
The steps taken immediately after a premises liability injury can significantly affect the outcome of a claim. Report the incident to the property owner or manager before leaving if possible and ask for a copy of any incident report created. Photograph the condition that caused the injury and the surrounding area before anything is cleaned up or repaired. Get the names and contact information of anyone who witnessed what happened. Seek medical treatment promptly and follow through with all recommended care. Do not give a recorded statement to the property owner’s insurance company before speaking with an attorney. The carrier’s adjuster is not there to help you. They document the claim in a way that limits the owner’s exposure.
The Insurance Company Is Already Working Against You
As soon as a slip and fall or premises liability claim is reported, the property owner’s insurance carrier opens a file and begins building a defense. Adjusters are trained to gather information that supports a denial or a reduced settlement offer. Surveillance footage may be pulled. Maintenance records may be reviewed. Witnesses may be contacted. All of this happens quickly, often before an injured person has fully understood the extent of their injuries or consulted with anyone about their rights.
Herrera PLLC brings a direct understanding of how that process works from the carrier side. That background informs how the firm builds and presents premises liability claims on behalf of injured clients.
Contact Herrera PLLC
Herrera PLLC, with Jonathan Herrera at the helm, represents injury victims in premises liability and slip and fall cases across the Houston area and statewide. If you were injured on someone else’s property, contact the firm today for a free, confidential consultation.