Premises Liability Attorneys in Houston, TX
(281) 283-8500If you were hurt at a location or business that is not your home or place of employment, and you sustained serious personal injuries due to unsafe conditions, you may be able to recover compensation for your losses.
德克萨斯州法律使土地所有者对财产发生的事故，伤亡和死亡负责。这项责任是基于所有者对财产条件的责任以及他们对出于个人和专业原因合法进入该物业的人的责任。如果一个人因土地上的隐藏状况或缺陷而受伤或杀害，则受伤的个人或其幸存的家人可能有权提出赔偿索赔。
Premises liability law depends on the landowner being negligent in regard to allowing the hidden dangerous condition or defect. Claims can require significant investigation and expert opinions. If you are unsure of your rights or legal options after getting hurt in an accident, contact our Houston premises liability lawyers at The Krist Law Firm, P.C. at281-283-8500as soon as possible. We will carefully review your circumstances and help you move forward with a claim for compensation.
Who May be Responsible for a Premises Liability Claim
A number of parties could potentially be responsible for your injuries through a premises liability claim. The most likely liable parties include:
- The property owner- 如果您因隐藏的危险状况或土地上的缺陷而受伤，则实际财产所有人通常负责该财产的状况并为您赔偿。
- The tenant– Both residential and commercial property are often leased to other individuals or businesses. When you are injured on leased property, the tenant may be responsible instead of or in connection with the property owner.
- 维护提供商- 财产所有人和租户经常将其维护职责签给第三方。如果您因危险状况或缺陷而受伤，这是由于不当或缺乏维护而受伤，则该第三方供应商可能承担责任。
If you were injured in a person’s private home, the issue of liability may be straightforward – though there could be complications if renovations or construction are underway. In those cases and others, determining who is responsible for the condition that led to your injuries may be difficult. When it comes to commercial property, there may be multiple parties responsible for the land and buildings. You may need an experienced attorney to help you find the responsible party and ensure you file a claim correctly.
Damages in Premises Liability Claims
If you were injured on a person or business’s property due to a hidden dangerous condition or defect, you can pursue compensation for your past and future:
- Medical costs
- Loss of earning capacity
- Physical pain
- 物理局限性
- Disfigurement
- Mental anguish
尽管您的经济损失，包括医疗费用和收入损失，是可量化的，通常易于计算，但您的非经济损害将需要不同的方法。在决定您的痛苦，痛苦或其他伤害的价值或接受和解要约之前，请与经验丰富的房屋责任律师交谈。
Types of Premises Liability Claims
Premises liability claims arise in a myriad of situations. However, certain circumstances are more common than others, including:
维护不足
If there is evidence a property owner was not inspecting, repairing, and otherwise maintaining the property and this created preventable dangerous conditions or defects that could foreseeably injure visitors, then an injured visitor may be able to file a claim for compensation.
Negligent security
业主或租户可能承担修复责任ies that occur to guests based on failing to provide adequate security, such as security cameras, gates, and locks.
故障设备
Property owners are responsible for the condition of equipment that can be accessed by lawful visitors, including escalators, elevators, and vehicles. If someone is injured due to malfunctioning equipment, they may be able to file a claim for compensation.
栏杆故障
Handrails are often essential to preventing falls and may be required by a health or safety code. If someone is injured because of a lack of an appropriate rail or a faulty railing, then they may be able to sue for compensation.
未发现的排水孔
Construction workers or landowners may need to remove drain holes for repairs or other work. If a visitor is injured because of an open drain hole, they may be able to seek compensation.
掉落的对象
Anyone with an interest in the property or working on the property has a responsibility to prevent falling objects that could injure people below. If a lawful visitor on the property is injured by a falling object, they may be able to pursue compensation.
Common Insurance Issues in Premises Liability Claims
尽管保险是获得房屋责任赔偿的一种常见方法，但您可能会遇到许多问题。负责方可能没有适当的保险单。例如，尽管在个人房屋中受伤，但可能没有房主的保险单。如果您的情况没有保险，请立即与律师联系。您的下一个选择是提出法律索赔。
Another common insurance issue is when the property owner or other party disputes liability. In order to avoid paying you compensation out of pocket or facing higher insurance premiums in the future, the property owner, tenant, or third-party may argue that another individual or business is at fault or that you were responsible for your injuries. In this situation, you need an attorney to do two things: ensure you are fighting for compensation from the right parties and to fight against accusations that you are at fault. The other party may claim the condition was open and obvious or that you were negligent. Our experienced premises liability lawyers at The Krist Law Firm, P.C. can help you fight back and pursue the compensation you deserve.
恢复房屋责任索赔补偿的期权
There may be two avenues you can use to pursue compensation: an insurance claim or a premises liability lawsuit. In many situations, you will first seek damages through an insurance claim. If you are injured at someone’s home or apartment, you may file a third-party insurance claim against their homeowner’s or renter’s insurance policy. If you were injured in a business, it will likely have a business insurance policy that covers bodily injuries.
The second avenue to premises liability compensation is through filing a lawsuit. During a suit, you and your legal team will have to prove the named defendant(s) were negligent, which means they failed to uphold the duty of care they owed you as a lawful visitor.
Exceptions to Premises Liability
财产所有人对土地上遭受的伤害的责任有一些重要例外。一个是当条件或缺陷被认为是“开放且明显的”时。如果有证据表明，访客显然会导致您的受伤，那么土地所有者或其他方可能会逃避责任。如果您易于可见，或者您在受伤的事件发生之前已经知道，情况可能会被认为是开放而明显的。
另一个例外是如果你被认为是一个混乱关系spasser under the law. The duty landowners owe to lawful visitors on their property is higher than to individuals who come or stay on the land without permission. If you were a trespasser, you would need to show you were injured by the property owner or another party’s intentional conduct or gross negligence. The simple existence of a dangerous defect or condition may not be enough to obtain compensation.
Premises Liability and Wrongful Death
如果隐藏的危险状况或缺陷导致您的父母，配偶或孩子的死亡，请立即与我们联系。当另一个人或企业根据自己所爱的人的粗心，鲁ck或故意不当行为负责死亡时，您和其他幸存的家庭成员可能有权为您的经济和非经济伤害寻求赔偿。但是，得克萨斯州的不法死亡索赔可能很复杂，需要在诉讼因由之日起两年内提出，这通常是您所爱的人去世的日期。您最好的行动是与经验丰富的休斯顿不法死亡律师合作。
通过错误的死亡场所责任索赔，您可以恢复以下损失：
- Burial expenses
- Loss of financial contributions from the deceased
- 失去护理，支持，维护，建议和律师
- Loss of love, companionship, comfort, and society
- Loss of inheritance you may have received if your family member had lived a normal expected lifespan
Scott C. Krist
Owner & Lead Trial Lawyer
Let Our Houston Premises Liability Lawyers Help You
If you were injured in an accident caused by a dangerous defect or condition on another person or business’s property, contact our experienced and trusted premises liability attorneys at The Krist Law Firm, P.C. as soon as you can. We will carefully review your situation to determine your best course of action. Our top priorities will always be to protect your rights and fight for the maximum compensation possible for your injuries.
To schedule your free consultation, contact us online or call281-283-8500。