All businesses owe a duty to the public to safely maintain their premises and keep them free from hazards. If you are injured on another person’s property due to carelessness, negligence, improper maintenance, or a dangerous condition, you have the right to make a claim for damages.
While slips, trips, and falls are the most common premises liability cases, other accidents like unsecured falling objects and even dog bites are included under this umbrella as well. If you’ve suffered from any of these accidents and injuries, you may be entitled to compensation under Texas premises liability law. Don’t miss out on the money you deserve!
If you’re hurt, you might be feeling overwhelmed and have no idea where to start. We know you have questions about what to do next. Never fear; help is here! Our Houston premises liability lawyers offer a FREE consultation, 24 hours a day, 7 days a week, so call us right now at 800-898-4877, or click HERE to send us a question and get more information. There is absolutely no cost to get a risk-free consultation right now.
If you decide to hire us, you pay us nothing up front, and you will pay absolutely nothing at all unless and until we’ve won your case.
Why Choose Our Team?
If you fell victim to an accident due to a property owner who did not take reasonable steps to ensure your safety, you may be able to recover compensation. Premises liability cases can be complex, and there may be several different avenues or strategies available to maximize your settlement. To find out how to set your case up for success, turn to Stewart Guss, an attorney with over 20 years experience handling premises liability cases.
- Stewart Guss and his team believe in respect, integrity, and family values. Experience our client-first approach and receive the patience, compassion, and respect you deserve, every step of the way.
- Our attorneys and staff will always be there for you! We’re here 24/7 to take your call and keep you updated on your case.
- With decades of combined experience, Stewart and his team will work tirelessly to recover as much as possible on your premises liability claim.
- Premises liability cases can be complex, and the defendants and their insurance companies will try every trick in the book to avoid paying you. Don’t let them kick you while you’re down. Partner with an experienced premises liability attorney for best results.
- Plus, you don’t pay us anything unless we win your case!
Choose an Attorney with Strength and Experience
Premises liability accidents often require more investigation and documentation than other types of injury cases. Additionally, you may need to call on an expert witness to help establish your case against the defendant. Stewart Guss and his team have handled many premises liability cases over the years, granting them the knowledge and experience to effectively document and present your claim. Our mission is to recover the maximum damages possible and help you return to your daily life.
Whether you have a slip and fall claim, a trip and fall claim, or any other type of premises liability claim, Stewart and his team will work tirelessly to get you the maximum recovery to which you are entitled. Our next success story could be yours!
If you’ve been injured on someone else’s property, call Attorney Guss and tell us your story. Do not sign anything until you speak with us, or you’ll risk losing some or all of the compensation you need.
Houston Premises Liability FAQs
When we visit a building or facility, we expect it to be safe. This isn’t just a reasonable expectation—it’s a legal obligation of property owners, renters, and occupants to maintain their premises.
However, they don’t always fulfill this obligation. We see it happen every day: Irresponsible landlords let properties deteriorate and become hazardous. Unscrupulous business owners cut corners with routine maintenance and upkeep. People with swimming pools fail to secure them. The list of ways property owners, renters, and occupants can be negligent goes on and on.
When irresponsible people fail to secure their properties, innocent people like you can be injured—sometimes severely or even fatally. These injuries can result in tens of thousands of dollars in medical bills. (Did you know medical debt is the number one reason people file for bankruptcy?)
Don’t let that be your fate. The law is on your side. In Houston you are able to file a premises liability lawsuit against the negligent property owner, renter, or occupant within two years of your injury’s occurrence. Through a lawsuit like this, you can recover damages (monetary rewards) for both your tangible and intangible injuries. But don’t try this alone! In order for your bills to be paid in full, and to see that justice is served in your case, you need an experienced and competent legal team in your corner. Stewart J. Guss, Injury Accident Lawyers are 100% committed to fighting for you. Below we answer some frequently asked questions surrounding premises liability cases in Houston.
What are some common types of premises liability injuries?
There are a ton of ways that you can be injured on someone else’s property. Below are some common possibilities and situations that can lead to injuries and subsequent successful premises liability lawsuits.
- Slips and falls: All businesses that are open to the public are obligated to keep their premises safe for individuals who enter. Measures that businesses should take to ensure the safety of their customers include placing signs warning patrons that floors are wet, cleaning up spills right after they happen, and frequently checking for dangerous conditions like broken lights, handrails, or staircases. When business owners fail to take these steps, the resulting injuries can range from minor to severe. Victims may end up with broken or sprained bones, head injuries, or bruised or broken ribs.
- Unprotected swimming pools: Homeowners and the owners of public swimming pools must make sure there are certain safety precautions in place—like fences, netting, or other barriers—to keep individuals out of the pool when it’s not open for business or when it is otherwise unsupervised. Head and brain injuries can also occur when pool depth is not properly noted. These precautions are especially crucial when small children are present, as they are at risk of drowning in a swimming pool.
- Criminal activity due to inadequate security and preventive measures: Visitors to a business may become the victim of criminal activity, such as assault or theft. Businesses who are aware of this risk in their area MUST provide adequate security and take precautions to protect their patrons.
- Falling objects: Injuries at construction sites due to falling objects are common. Companies who fail to provide safety gear like hard hats to employees or adequate signage and warnings of the possibility of falling objects can be held liable for injuries individuals suffer on their properties from being hit by objects. Customers in a store can also be hit by unstable display stands or products falling from high shelves.
- Dog bites or other animal attacks: If owners, renters, or occupants are aware of their pet’s tendency to be violent or bite, they can be held responsible for any injuries that those animals cause. Victims of dog bites and other animal bites are prone to face injuries, blood loss complications, and infection of the wound. They may also be left with permanent scars.
If you were injured on someone else’s property, contact the team at Stewart J. Guss, Attorney at Law right away so that we can get started on your suit!
What do I do after a premises liability accident injury?
We know how it is. If you get hurt in public, in that moment you may just want to “brush off” the accident, avoid embarrassment, and carry on with your day. There might be a little voice in your head saying “don’t make a scene,” but beware: if you don’t make the right choices, you may end up with serious injuries and complications in the future.
To ensure your recovery, follow these three steps after a premises liability accident:
Always report the incident to a manager or property owner. Even if you do not need immediate medical assistance, you need to report your accident to an employee, manager, and/or property owner ASAP. In some scenarios, especially cases involving corporations, they will create an incident report. Obtain a copy of this report, as it will be valuable evidence for your case!
Collect witness information. If anyone saw your accident happen, ask them for their contact information. This will be important as you build your premises liability case, as these witnesses may be able to verify the hazardous conditions in place and testify as to how the accident happened.
Contact a Houston premises liability lawyer. After an accident, the managers, property owners, and their insurance adjusters may try to mislead you to avoid paying you the money they owe you. They might reach out with settlement offers, but how do you know if they’re playing fair? Don’t get taken advantage of! Let an experienced personal injury attorney handle all communication and review all offers in order to maximize your compensation. A Houston premises liability attorney can advocate for you and get you the help you need now, including medical care.
In any case, it’s important to act fast. If you have any gaps in treatment, your claim may not be taken seriously. It may even be dismissed entirely. For more guidance, call us now to discuss your accident with us. We offer free confidential case evaluations, 24/7.
How do I prove someone else is responsible for my injuries?
You’ve seen the phrase tossed around a lot, but what is premises liability? Put simply, it means the owner, renter, or occupant of a building or property has an inherent duty to protect any visitors. There are a few legal terms for these visitors. For example, if you walk into a store during business hours, you are an invitee. If you visit a friend’s house, you are a licensee. People who enter a property without permission are known as trespassers (and are not usually eligible for a premises liability case.)
To win your premises liability lawsuit, you must prove the specific facts listed below in relation to the owner, renter, or occupant:
- There was a condition that posed a risk.
- The owner, renter, or occupant knew or should have known about the dangerous condition.
- You were harmed by the dangerous condition.
- The negligence of the owner, renter, or occupant caused your injury. (For example, they did not repair the hazardous condition, prohibit access, or put up any warning signs.)
To prove these facts, you’ll need strong evidence from numerous sources. For a vulnerable victim, a premises liability case can seem like a puzzle with a ton of moving pieces. Fortunately, dedicated Houston premises liability lawyers are ready to guide you through the process and help you come out on top.
Owners, renters, and occupants will fight hard to refute these claims. They might try to say your injuries existed before you entered their property or that they had no way of knowing the dangerous condition existed. Unscrupulous owners, renters, occupants , and their insurance companies are always reluctant to pay out for injuries in premises liability cases. In fact, these companies have teams of lawyers who do nothing but try to settle for the least amount possible! Don’t face off against these people alone. If they have a legal team, why shouldn’t you?
How much is my case worth?
You are probably wondering how much your injuries are worth and how much money you may be able to collect after a premises liability accident. Each and every case has its own unique conditions, so there’s no magic number or guarantee. However, we can tell you the law allows you to collect money for two types of damages: economic and non-economic.
- Economic damages are actual monetary losses that you suffer. Think of them as things you receive a bill for or can provide documentation for, such as ambulance rides, hospital stays, surgeries, diagnostic tests, therapy, maid service or childcare, medication, present and future lost wages, specialized medical equipment, or even dental repairs. To recover these costs, you have to document EVERYTHING! Be sure to keep bills you receive and receipts from purchases you make. It’s also critical that you track how much time you miss from work due to your injuries. Be sure to factor in any missed tips, retirement contributions, and commissions.
- Non-economic damages are more intangible losses – things you can’t put a price tag on. You may be able to receive compensation for your emotional pain and suffering, disfigurement, loss of limbs, resulting disabilities, and more.
By adding together all of your damages, you can estimate how much your case is worth. A Houston premises liability lawyer can help you with this by tracking all of your accident-related expenses.
What Can the Attorneys at Stewart J. Guss, Attorney at Law, Do for Me?
We know this can be a confusing and overwhelming time for you. You may be intimidated, but our team of experienced, knowledgeable, and passionate attorneys and legal professionals aren’t. We’re here for you every step of the way, and we will fight relentlessly until you see justice. Here are just a few of the ways we can help you after an accident injury:
Free case evaluations. You should never pay for a law firm to evaluate your case! We provide FREE 24/7 case evaluations for anyone seeking our help. Get in touch with us TODAY to learn more about your rights and options!
Tracking expenses and calculating case value. When you decide to hire a Houston premises liability lawyer, they’ll begin collecting proof of your accident-related expenses. As they help you coordinate your medical care and schedule appointments, they will keep a record of everything to help build your case.
Getting expert witnesses to help with your case. In many cases, thorough investigations are needed in order to prove premises liability claims. Your personal injury lawyer can call upon expert witnesses and specialists during this investigation to connect the dots and support your claims.
Negotiating with the insurance companies. Negotiation is an important part of any premises liability lawsuit, but who wants to deal with insurance adjusters who repeatedly invalidate you? Leave it to us. Our experienced negotiators know when to push hard and when to back off, and we will sit down with you to evaluate any settlement offers you receive. Thanks to our expert advice and opinions, the results may pleasantly surprise you. Ultimately, the choice is yours, but we will never shut down negotiations until you are satisfied. We are prepared to take your case to trial in a juried courtroom if needed. Our experience with premises liability lawsuits, our knowledge of the law, and our familiarity with the practices of insurance companies allow us to provide you with top-notch trial counsel, and we have the litigation skills needed to succeed in court.
What if my loved one died on someone else’s property?
Sometimes victims of negligent owners, renters, and occupants are fatally injured. If your loved one has been killed as a result of negligence on the part of an owner, renter, or occupant, your heartbreak is likely compounded by a mountain of medical bills piling up as well. Then there are the funeral and burial costs, which are not cheap. Finally, if your loved one was the main breadwinner or provider of lots of services to your family, you will be left in an even bigger bind.
The law allows the family members of those who are fatally injured on another’s property to file what is called a wrongful death lawsuit. With a few certain exceptions, these suits must be filed within a short two years from the date of death.
Who can file?
Not just anyone can file a wrongful death suit. In Texas the only people who can file a wrongful death lawsuit are:
- The surviving spouse
- The surviving adult or minor child (legally adopted or blood related)
- Surviving parents (legally adopted or blood related)
- The personal representative of the estate of the deceased person
Just like when an injured victim files a premises liability lawsuit, the type and amount of damages a family member may recover in a wrongful death suit vary depending on the facts of the case. Some commonly-awarded damages include the following:
- Damages the deceased could have collected from the moment of the injury until death. This includes medical expenses, pain and suffering before death, funeral and burial costs, and lost wages.
- Losses the surviving family member suffered, such as lost support and care, mental and emotional pain and suffering, lost inheritance, and the loss of comfort and companionship.
- Exemplary damages. While less commonly awarded, exemplary damages are intended to make an example out of the person responsible for the death of your loved one. Courts only award these damages if gross negligence or a willful act or omission by the negligent party caused your loved one’s death.
While we know no amount of money can adequately compensate you for the loss of your loved one, the law attempts to provide some relief and compensation for the devastating loss you have suffered. An experienced premises liability lawyer can fight for your rights and hold the person responsible for your loved one’s death accountable.
What if the responsible party is charged with a crime and acquitted?
It’s important to remember that wrongful death and premises liability suits are civil matters. This means they are completely separate from any criminal proceeding, so it doesn’t matter if the responsible party was charged with – and subsequently acquitted of – a crime.
The burden of proof for civil suits is only a preponderance of the evidence. As such, you must show that it is more likely than not that the defendant caused your injuries. This is a significantly lower standard than the “beyond a reasonable doubt” burden that the government must show in a criminal matter.
Contact Us Today!
Still have questions about your potential case? The legal team of Stewart J. Guss, Attorney at Law, is nationally recognized for protecting the rights of injured victims. With decades of combined experience in premises liability claims, Stewart and his team know how to seek more for your claim. Call us right away for a free consultation! Because we take all of our personal injury cases on a contingency fee basis, you won’t owe us a DIME unless we recover compensation for you. We are available 24 hours a day, seven days a week, for FREE, so call us today at 800-898-4877, or contact us online by CLICKING HERE.
See what past clients have to say:
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“Stewart Guss was very efficient in the handling of my case. He explained my rights thoroughly and kept me informed of all negotiations. I would recommend his services to anyone needing assistance with their injury claim.” – Janet T.