Houston Private Property Premises Liability Lawyer

No one expects to get seriously injured when visiting someone else’s property, but accidents like this happen daily in Texas. Unfortunately, filing suit against a private homeowner over an injury you suffered on their property can be both challenging on both legal and personal levels, especially if you try to do it alone.

Guidance from a Houston private property premises liability lawyer can be essential to achieving a favorable outcome from your claim. You deserve fair financial compensation for the harm caused by someone else’s insufficient property maintenance. A seasoned premises liability attorney could help you proactively pursue restitution while navigating common legal pitfalls.

What “Duty of Care” Do Private Property Owners Have?

Premises liability law in Texas divides property visitors into three categories: invitees, licensees, and trespassers. Property owners owe a different duty of care to each type of visitor.

Invitees to Private Property

Invitees are people visiting the property for their and the landowner’s benefit. This category is inapplicable in premises liability cases against private property owners unless the injured person is a tenant in an apartment complex or other rented property.

Licensees on Private Property

Licensees are people visiting solely for their own purposes, like people selling products door-to-door or guests at a house party. Under Texas state law, private property owners must warn licensees about all known hazards on their property that are not “open and obvious” to any reasonable person.

Private Property Trespassers

Landowners in Texas generally do not hold any liability for accidental injuries sustained by people trespassing without permission or lawful authority on their land. However, there are exceptions in situations where a landowner deliberately causes harm to a trespasser by creating hazardous conditions on their property, such as by setting traps. A Houston attorney can further explain what duty of care a private landowner might owe under premises liability law.

Comparative Fault in Private Property Accident Cases

Even if a private landowner does hold liability for a visitor’s injuries, the visitor may be ineligible to recover for the full value of their losses if they also hold some of the blame. Under Texas Civil Practice & Remedies Code §33.001, anyone primarily at fault for causing their own injury is ineligible to recover any compensation whatsoever, even if the owner of the property where they got hurt was also partially to blame.

On the flip side, someone found partially at fault for an injury primarily caused by another party may be subject to a reduction from their final damage award. This reduction is proportional to their share of total fault, as per TX Civ. Prac. & Rem. Code §33.012. A knowledgeable lawyer in Houston could explain how this legal principle works and help contest allegations of “comparative fault” in a private property premises liability claim.

Contact a Houston Private Property Premises Liability Attorney Today

While you might be hesitant to bring a civil lawsuit against a family friend or other private property owner, it may be necessary to protect your future interests. When negligent property upkeep directly leads to you suffering a serious injury, you deserve compensation for your losses. In situations like this, help from seasoned legal counsel is essential to navigating complex legal proceedings.

The assistance you need is available from a Houston private property premises liability lawyer. Call today for a consultation about your case.