If you were hurt on someone else’s property, you may have a premises liability claim. A premises liability lawyer in Houston can help you understand what happened, who is responsible, and what your options are going forward.
Omega Law Group Accident & Injury Attorneys has been helping people since 2016, with decades of combined experience between our attorneys. We travel to you for consultations, work on contingency, and put our clients first. Always.
Whether your injury happened at a store, a neighbor’s home, or a public space, our team is here to help. Think of us as Houston personal injury lawyers who treat every case like family. Because to us, that’s exactly what it is. Let our family take care of your family.
What You Have to Prove in a Premises Liability Case
If you are wondering if you have a personal injury case, there are a few things to pay attention to.
To win a premises liability claim, you generally need to establish four things. Your attorney will work to build evidence around each one, but it helps to understand what the case actually rests on.
1. The Property Owner Had a Duty of Care
This means the owner was legally responsible for maintaining a reasonably safe environment for people on their property.
In Texas, the level of duty owed depends on why you were there:
- Invitees are people invited onto the property for business purposes, like customers at a store. Property owners owe the highest duty of care to invitees.
- Licensees are people who enter with permission but not for business, like a social guest at someone’s home. Owners must warn licensees of known hazards.
- Trespassers generally receive the least protection under the law, though there are exceptions, particularly when children are involved.
Most premises liability cases involve invitees, since they typically occur at businesses, apartment complexes, or other commercial properties.
2. The Owner Knew or Should Have Known About the Hazard
This is often the most contested part of a premises liability case. You need to show that the property owner was aware of the dangerous condition, or that the hazard existed long enough that a reasonable owner should have discovered and addressed it.
For example, if a spill sat on a grocery store floor for two hours before you slipped on it, that’s a strong argument that the store had enough time to notice and clean it up.
3. The Owner Failed to Fix or Warn About the Hazard
Knowing about a hazard isn’t enough on its own to create liability. The owner also had to fail to do something about it. That could mean failing to repair the condition, put up a warning sign, or block off the area until it could be addressed.
4. The Hazard Caused Your Injury
Finally, you need to connect the hazardous condition directly to the injury you suffered. This is where witness statements and documentation from the scene become critical. If there’s a gap between the hazard and your injury, the insurance company will try to exploit it.
Types of Premises Liability Accidents
Premises liability covers a wide range of accidents caused by unsafe conditions that property owners failed to address. A Houston premises liability attorney can help you determine whether your situation qualifies and what your legal options are.
Common types of premises liability accidents include:
- Slip-and-fall accidents: One of the most frequent premises liability claims, these occur when wet floors, uneven surfaces, loose rugs, or poorly lit walkways cause someone to lose their footing and get hurt.
- Swimming pool accidents: Property owners with pools have a legal duty to secure them with proper fencing, signage, and safety equipment. Failure to do so can result in drownings, near-drownings, or serious injuries.
- Dog bites: When a dog owner fails to restrain or warn others about a dangerous animal, they can be held liable for bites and attacks that happen on their property.
- Elevator and escalator accidents: Faulty equipment, poor maintenance, or ignored repair needs can turn a routine ride into a serious injury. Building owners and managers are responsible for keeping these systems safe.
- Negligent security: Inadequate lighting, broken locks, or a lack of security personnel can create conditions where assaults, robberies, or other crimes become foreseeable and preventable.
- Falling objects and structural hazards: Loose ceiling tiles, unstable shelving, crumbling staircases, and other structural failures can cause serious injuries when property owners ignore known unsafe conditions.
No matter how your accident happened, the core question is the same: did the property owner know about the danger and fail to act? If the answer is yes, you may have a valid claim.
Have you been involved
in an accident on a commercial property?
Our premises liability lawyers in Houston are here to help.
(310) 526-8383
What to Do Right After a Premises Liability Accident
The moments after an accident matter more than most people realize. What you do, and what you don’t do, can have a real impact on your case.
Step 1: Get Medical Attention First
Your health comes first. Always.
Even if you feel okay in the moment, get checked out by a doctor as soon as possible. Some injuries, like concussions or soft tissue damage, don’t show up right away. A medical record created close to the date of your accident is also important documentation for your claim.
Step 2: Report the Accident
Tell the property owner, manager, or staff about what happened before you leave. Ask them to create an incident report and request a copy for your records.
If they refuse to give you a copy, write down the names of anyone you spoke with and the time and date of the conversation.
Step 3: Document Everything
If you’re physically able to, document the scene before anything changes:
- Take photos and videos of the hazard that caused your fall
- Photograph your injuries
- Get the names and contact information of any witnesses
- Note the exact location, time, and conditions at the time of the accident
Details fade fast. The more you capture in the moment, the stronger your case.
Step 4: Don’t Give a Statement to the Insurance Company
After an accident, the property owner’s insurance company may contact you quickly. They may seem friendly and sympathetic. They may tell you they just want to understand what happened.
What they actually want is a recorded statement they can use to minimize your claim or deny it entirely. Insurance adjusters are trained to ask questions in ways that shift blame onto you. They may suggest you were careless or that your injuries aren’t as serious as you say.
Do not give a recorded statement without speaking to a premises liability lawyer in Houston first.
Step 5: Contact a Premises Liability Lawyer in Houston as Soon as Possible
The sooner you speak with an attorney, the better. This isn’t just good advice. It’s one of the most important decisions you can make after an accident.
Here’s why timing matters so much:
- Surveillance footage gets deleted. Most businesses overwrite security camera footage within days. Once it’s gone, it’s gone.
- Evidence disappears. Property owners often fix the hazard that caused your injury quickly, sometimes before you’ve even left the hospital. Without documentation, proving the condition existed becomes much harder.
- Witnesses forget. Memories fade. The sooner a lawyer can take statements from people who saw what happened, the more reliable that testimony will be.
- The insurance company moves fast. Insurers often reach out within days of an accident with a settlement offer. That offer is almost always far less than what your case is actually worth. An attorney can evaluate it honestly and advise you on whether to accept or push back.
- Texas has a filing deadline. In most premises liability cases, you have two years from the date of your injury to file a lawsuit. This is called the statute of limitations. Miss that deadline, and you lose your right to pursue compensation entirely, regardless of how strong your case is.
Common Challenges in Premises Liability Cases
Premises liability cases can be more complicated than they appear on the surface. Property owners and their insurance companies don’t simply accept responsibility. They fight back. Understanding the challenges ahead can help you prepare.
Proving the Owner Knew About the Hazard
One of the hardest parts of these cases is showing that the property owner actually knew, or should have known, about the dangerous condition. Owners will often claim they had no idea the hazard existed. Without surveillance footage, maintenance records, or witness testimony, this can be difficult to prove on your own.
An attorney knows how to request and preserve this kind of evidence before it disappears.
The “Open and Obvious” Defense
Property owners frequently argue that the
Disputes Over the Severity of Your Injuries
hazard was open and obvious, meaning a reasonable person should have seen it and avoided it. If a court agrees, it can reduce or eliminate your ability to recover compensation.
This defense comes up often in slip-and-fall cases. The defense will argue you simply weren’t paying attention. Your attorney’s job is to counter that argument with evidence showing the hazard was not as visible or avoidable as the defense claims.
Insurance companies routinely challenge the extent of injuries in premises liability cases. They may argue that your injuries were pre-existing, that you exaggerated your symptoms, or that the treatment you received was unnecessary.
Shared Fault Arguments
In some cases, the defense will argue that you were partially responsible for your own injury. Maybe they claim you were distracted, wearing inappropriate footwear, or ignored a warning sign.
Texas law addresses this directly, and it’s worth understanding how it works.
Injured at a store due to negligence?
Our premises liability lawyers in Houston are here to help.
(310) 526-8383
Modified Comparative Negligence in Texas
Texas follows a legal rule called modified comparative negligence. It sounds technical, but the concept is straightforward.
If you were partially at fault for your accident, you can still recover compensation, as long as your share of the fault does not exceed 50%. If you are found to be 51% or more at fault, you cannot recover anything.
Here’s how it works in practice:
- Say your total damages are $100,000.
- A jury finds that you were 20% at fault because you were looking at your phone when you slipped.
- Your compensation would be reduced by 20%, leaving you with $80,000.
That reduction can be significant, and insurance companies know it.
Insurers will often try to inflate your percentage of fault to reduce what they owe you. They may point to your footwear, your speed, your distraction, or anything else they can use to shift blame in your direction. The higher they can push your fault percentage, the less they have to pay.
Premises liability attorneys in Houston understand this tactic and know how to push back against it. They’ll work to present the evidence in a way that accurately reflects what happened and protects your right to fair compensation.
Hurt on someone
else's property?
(310) 526-8383
Why Insurance Companies Are the Real Obstacle
Here’s something worth understanding before you deal with any insurance company on your own. Insurance companies are businesses. Their goal is to pay out as little as possible on every claim. That’s not cynicism. That’s just how the math works for them.
After a premises liability accident, the property owner’s insurer will open a claim and assign an adjuster to your case. That adjuster’s job is to evaluate your claim, and their evaluation is almost always going to be lower than what your injuries actually cost.
They may:
- Offer a quick settlement before you know the full extent of your injuries
- Argue that the hazard was “open and obvious” and that you should have seen it
- Claim that your injuries were pre-existing
- Dispute the medical treatment you received as unnecessary
- Pressure you to accept a lowball offer before you’ve had time to think
A fast settlement might sound appealing when you’re dealing with medical bills and missed work. But once you accept, you cannot go back and ask for more, even if your injuries turn out to be more serious than you initially thought.
The Financial Impact of a Premises Liability Accident
People often underestimate how much a slip-and-fall or premises liability injury can actually cost. The bills add up faster than most people expect.
Medical Costs
Depending on the severity of your injury, medical expenses can include:
- Emergency room visits
- Diagnostic imaging like X-rays and MRIs
- Specialist consultations
- Physical therapy and rehabilitation
- Prescription medications
- Follow-up appointments and ongoing care
- Surgery, in serious cases
A single emergency room visit can cost thousands of dollars. A surgery or extended rehabilitation program can cost tens of thousands. For a serious injury, total medical costs can reach six figures.
Lost Income
For hourly workers or self-employed individuals, even a few weeks off can create serious financial strain.
In cases involving long-term or permanent disability, the financial impact on your career and earning potential can be significant.
Pain and Suffering
Beyond the bills, there’s the human cost. Chronic pain. Anxiety. Difficulty sleeping. The inability to do things you used to do without thinking. These are real losses, and they are recognized under Texas law as compensable damages.
Out-of-Pocket Expenses
These can include transportation to medical appointments, home care assistance, and modifications to your home if you’re temporarily or permanently disabled. These costs are easy to overlook, but they add up.
Talk to a Houston Premises Liability Lawyer Today
If you or someone you love was hurt on someone else’s property, you deserve to know your options. You don’t have to figure this out alone, and you don’t have to accept whatever the insurance company offers.
Omega Law Group is here to help. Our Houston premises liability lawyers have decades of combined experience, and we’ve been putting clients first since 2016. We’ll come to you, we’ll listen, and we’ll give you an honest assessment of your case.
If you’re still wondering whether it is worth it to hire an accident attorney, reach out today for a free consultation. Let our family take care of your family.
