Houston Premises Liability Attorneys
If you were injured on someone else’s property due to unsafe conditions, you may have a premises liability claim. At McLemore, Reddell, & Story, P.L.L.C., our Houston personal injury attorneys fight for injury victims across Texas who have suffered harm due to negligent property owners. We are dedicated to holding businesses, landlords, and property owners accountable for the harm they cause by failing to maintain safe premises.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for injuries that occur due to hazardous conditions on their property. Whether you were hurt in a slip and fall accident, struck by falling debris, or suffered injuries due to inadequate security, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
Common Types of Premises Liability Cases
Our firm handles a wide range of premises liability claims, including:
- Slip and Fall Accidents – Wet floors, uneven surfaces, and poorly maintained walkways can cause serious slips or trips and falls.
- Negligent Security – Inadequate security in parking garages, apartment complexes, and businesses can lead to assaults, robberies, and other violent crimes.
- Dog Bites and Animal Attacks – Property owners and pet owners may be liable for injuries caused by dangerous animals.
- Swimming Pool Accidents – Lack of fencing, proper signage, or supervision can result in tragic drowning accidents.
- Elevator and Escalator Accidents – Defective or poorly maintained elevators and escalators can cause catastrophic injuries.
- Falling Objects and Structural Failures – Collapsing ceilings, defective railings, and falling merchandise can lead to severe injuries.
Who Is Liable for Your Injuries?
Property owners, landlords, business operators, and even maintenance companies can be held responsible for hazardous conditions. To succeed in a premises liability claim, you must prove that the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors in a reasonable timeframe. Even where the accident seems relatively straightforward, proving the facts necessary to prove a premises liability claim under Texas law is often a difficult and complex undertaking. Property owners and their insurance companies, meanwhile, have a lot of tricks up their sleeves to avoid liability or minimize the amount they have to pay.
Common Insurance Tactics to Deny or Reduce Claims
Insurance companies are in the business of making money by collecting premiums, not paying claims. When you file a premises liability claim, insurers will often use several strategies to reduce their payout or deny your claim entirely. Some of the most common tactics include:
Shifting the Blame
Insurers may argue that you were partially or entirely at fault for your injuries. For example, they might claim you were distracted, wearing inappropriate footwear, ignored warning signs, or failed to heed an obvious danger. Texas follows a modified comparative negligence rule, meaning your compensation could be reduced if you are found partially at fault, and if you are more than 50% responsible, you could be barred from recovering damages. When insurers employ this tactic, it is crucial to marshal the facts and applicable law and fight back hard to prove the full extent of the other party’s negligence.
Downplaying the Seriousness of Your Injuries
Insurance adjusters may argue that your injuries are minor and do not justify significant compensation. They may claim that your medical treatment was excessive or unnecessary in an attempt to reduce the settlement amount. This ploy is commonly used in slip and fall accidents that result in soft tissue injuries such as sprains and strains. These injuries aren’t as dramatic as broken bones or lacerations, and they don’t always show up through diagnostic imaging, making them easy targets to dismiss. These injuries, however, can be extremely painful and debilitating, requiring medical treatment such as physical therapy and medications and sometimes resulting in missed work or disability.
Claiming Pre-Existing Conditions or Unrelated Causes
Another common defense strategy is to argue that your injuries were not caused by the accident but instead stem from a pre-existing condition. Insurers might scrutinize your medical history to find any prior injuries or conditions they can use to dispute your claim. This maneuver is common in back injuries. It’s important to know that even if you had a pre-existing condition, it could have been aggravated or worsened by the property owner’s negligence, making them responsible for that additional harm.
Delaying the Claims Process
Insurance companies may intentionally delay processing your claim, hoping you will become frustrated and accept a lower settlement or even give up pursuing compensation altogether. Having an attorney handle your claim ensures your case will be diligently pursued. We don’t get frustrated and give up; this is our job, and we know how to resolve difficult cases through litigation if necessary.
Offering a Quick, Lowball Settlement
Insurers often offer quick settlements before the full extent of your injuries is known. These initial offers may seem tempting, especially if you are facing medical bills and lost wages, but they rarely reflect the full value of your claim.
How to Protect Your Claim Against Insurance Company Tactics
To maximize your chances of recovering fair compensation, consider taking the following steps:
- Seek Medical Attention Immediately – Prompt medical treatment documents your injuries and links them to the accident.
- Gather Evidence – Take photos of the hazardous condition, obtain witness statements, and preserve any relevant documentation.
- Do Not Give Recorded Statements to Insurers – Anything you say could be used against you to minimize your claim.
- Follow Your Doctor’s Orders – Failing to follow medical advice could give insurers grounds to argue that your injuries are not severe.
- Consult an Experienced Premises Liability Attorney – A skilled lawyer can handle negotiations, counter insurance tactics, and build a strong case on your behalf.
Compensation for Premises Liability Claims
If you were injured due to a property owner’s negligence, you may be entitled to compensation for the many different types of harm you have suffered or will continue to endure, including medical expenses, lost wages and future earning capacity, pain and suffering, emotional distress, rehabilitation and long-term care costs, and loss of enjoyment or diminished quality of life.
How McLemore, Reddell, & Story, P.L.L.C. Can Help
Our experienced Houston premises liability attorneys will thoroughly investigate your claim, gather evidence, and aggressively negotiate with insurance companies to secure the compensation you deserve. If necessary, we are prepared to take your case to trial to fight for justice on your behalf.
Contact Us for a Free Consultation
If you or a loved one has been injured due to dangerous conditions on someone else’s property, don’t wait to take legal action. Contact McLemore, Reddell, & Story, P.L.L.C. today for a free consultation. We work on a contingency fee basis, meaning you don’t pay unless we win your case.
