Premises Liability Lawyers
At Chandler McNulty LLP, we believe everyone has the right to safety when legally entering a residence or business. From inspecting hidden dangers to repairing damages and providing adequate warning of any threats, home and business owners are expected to keep their guests safe at all times. Property owners must protect their guests.
Like most personal injury cases, premises liability cases are based on negligence. When property owners fail to keep their guests safe through neglect, they should be held responsible for any damages that occur. Some of the most common types of premises liability cases are slip and fall injuries, swimming pool accidents, dog bites, and defective conditions like broken floorboards or staircase steps. Private residences and businesses can pose several threats for personal guests or customers, but employees, contractors, and hired workers are also at risk of injury.
You shouldn’t have to suffer financially due to a reckless property owners’ failure to act responsibly. If you, or someone you love, suffered an injury on someone’s property due to an unsafe or defective condition of which the property owner was aware but did nothing about, you need to take action and seek justice. At Chandler McNulty LLP, our team of premises liability lawyers wants to help you recover financial compensation so you can get back on your feet and move on with your life.
To discuss your case with a qualified legal representative, and learn more about your legal options, contact us today by calling (713) 997-8310 to schedule a free consultation.
How An Attorney Could Help
Premises liability law is incredibly complicated, especially when it comes to determining liability and whether a property owner acted in a way that directly resulted in your accident and injuries. Handling this type of case on your own, while also recovering from your injuries, isn’t just overwhelming—it could result in a significantly lower settlement than you need to cover medical bills, lost wages, and other expenses related to your accident. Not only do you have to show that your injuries were the direct result of a hazard or damage on the property at the moment of the accident, but you also must prove that the property owner knew about the danger and failed to take action.
A skilled premises liability attorney will investigate every facet of your accident and build the strongest possible case. From inspecting the property to talking with key witnesses and collecting physical evidence, our attorneys won’t rest until you get the financial compensation you deserve.
If you or a loved one has been hurt on someone else’s property, our committed team can help. Just call us at (713) 997-8310 to speak with a knowledgeable premises liability lawyer who can tell you about what we’ll do for you. At Chandler McNulty LLP, we offer the legal assistance you need to seek fair compensation for your injuries.
Legal Status of Visitors in Texas
Before moving on with your case, you must first determine your status as a visitor on the premises. Under Texas common law, to file a personal injury lawsuit in hopes of recovering compensation, you are must be categorized in one of three ways: as an invitee, a licensee, or a trespasser.
- Invitees are individuals who come on to a property with the direct or implied permission of the property’s owner, and who are there for a purpose for which the property was created. This status indicates a benefit to both parties, like a customer walking into a business or a friend coming over for dinner. In these circumstances, the owner offers the highest level of care to this individual and is expected to take all necessary steps to keep them safe, including routine inspections, proper warning of hazards, and timely repair of damages.
- Licensees are guests who receive direct permission to be on the premises by the landlord or property owner, and who are there for their benefit and not the property owners’. The most common example is a contractor coming out to inspect a property. Under these circumstances, property owners are required to warn of potential dangers but are under no obligation to fix defects.
- The third category, trespasser, is a person who enters a property without any permission from the landlord or property owner. While premises owners have no responsibility to warn trespassers of dangers, they aren’t allowed to “booby trap” the property or do anything else to cause harm in an attempt to injure or capture intentionally.
Depending on your status, a property owner will owe you a specific level of care. If the person or party failed to uphold their duty and you suffered undue harm as a result of their actions (or inaction), you could be eligible to file an injury claim.
Common Types of Premises Liability Accidents
Several accidents can occur on private or commercial property when owners fail to provide visitors, customers, contractors, or other guests the duty of care they deserve. Depending on the status of the visitor, property owners must do their best to repair damages or at least provide clear warning signs around a hazard to inform visitors of an immediate threat. Sadly, not all property owners act responsibly, putting innocent lives at risk to save money or simple carelessness and neglect.
Some common premises liability cases we handle include:
- Slip and fall accidents, when spills or water leaks aren’t properly cleaned up and owners don’t provide warnings; can also occur with freshly waxed or cleaned floors
- Snow and ice accidents, when property owners don’t warn of slick steps or take action to de-ice walking surfaces
- Drowning or drowning-related injuries in swimming pools, when property owners don’t have safety items like fencing
- Inadequate security that ultimately causes assault and injury
- Electrocution from naked cables and wires left unattended or improperly shielded
- Dog attacks
- Elevator and escalator accidents
- Exposure to toxins, like irritants or noxious fumes
- Being struck by falling debris or other objects around a construction site
- Fire-related injuries due to lack of safety equipment or inability to access fire escapes
Injuries from these scenarios can include broken bones, severe lacerations, and traumatic brain injuries, severely altering the quality of one’s life for the foreseeable future. In some instances, they can also be fatal. You don’t have to suffer in silence any longer. With a premises liability lawyer by your side, you can stop worrying about your case and focus instead on your recovery.
At Chandler McNulty LLP, we represent people who suffered injuries because of negligent property owners. Our experienced lawyers handle all premises liability cases, including, but not limited to:
- Swimming pool injuries: Children can drown in pools that are not secured behind locked gates. However, that is far from the only thing that causes swimming pool injuries. We represent individuals who suffered injuries because of faulty drains, bad electrical work and other negligent pool maintenance.
- Bounce house injuries:When bounce house franchisees fail to hire enough staff members or fail to follow the specified design of the play area, they should be held accountable for injuries that happen as a result.
- Inadequate security: If you suffered injuries because of negligent security, bringing your case forward can help find other people who suffered in similar situations.
- Rape and assault: We represent individuals who were raped or assaulted because of inadequate security at condos, apartment buildings and businesses.
- Night deposit assaults and robberies: Bank managers know that night deposit box areas are prone to crimes, but some still fail to take adequate measures to reduce the chance of assault or robbery.
- ATM assaults and robberies: When banks, credit unions and other financial institutions refuse to update old ATMs with the latest safety mechanisms, they need to be held accountable for attacks and injuries that happen as a result.
- Failure to screen employees: When companies send repair workers and inspectors into people’s homes, it is critical to ensure those workers do not have criminal histories. We hold companies accountable when they fail to screen employees who subsequently assaulted individuals in their homes or workplaces.
- Workplace violence: When employers fail to screen their employees or when bosses overlook criminal backgrounds or dangerous temperaments of employees who are friends or family members, they need to be held accountable for injuries those employees cause.
We are committed to helping families receive the financial security they need after suffering from catastrophic injuries or emotionally scarring assaults. Learn more by scheduling a free consultation with one of our attorneys. We can be reached through an online contact form or by calling (713) 997-8310.
What to Do After a Premises Liability Injury
The moments immediately after an accident are crucial not just for collecting evidence, but also talking to witnesses and getting the best picture of what happened. As with the aftermath of a car accident, victims of a premises injury can significantly strengthen their case following an accident on commercial property by taking the following steps:
- File a report. An injury report, filed with the manager or property owners as soon as possible, will confirm that the business is aware of the incident. You can also ask to see any surveillance video of the scene.
- Gather evidence. Proving the premises owner knew there was a dangerous condition and did nothing to fix it can be difficult, so it’s essential to gather as much evidence as possible at the moment of the incident. In addition to taking pictures of the entire scene, focus on the details, such as documenting the source of a wet floor in a slip and fall accident, determining whether or not there were any hazard warnings near the area of the accident, and collecting statements from any witnesses to the event.
- Seek medical attention. Do this as soon as possible. While some injuries are evident right away, many don’t show up for hours or even days. Waiting to get medical help can weaken your claim and may give the other side ammunition to argue that your injuries weren’t caused by the accident. Follow all instructions from doctors, including taking proper medication and going back for follow up visits. Make sure to photograph all injuries and keep a record of all medical treatment received.
You can protect yourself and your injury claim by following the steps listed above. You should also contact an attorney as soon as possible after the accident to ensure that your case is handled by a knowledgeable professional.
Contact Us Today
The aftermath of a slip and fall accident, dog attack, or any other premises liability case can be challenging for you and your family. Potentially life-altering injuries, particularly from an accident that didn’t have to happen, can be challenging to face. Along with physical and emotional damage, you also suffer financially, especially if you need extensive medical care and recovery or are unable to return to work.
You need financial compensation to help you avoid financial ruin and to get you through this trying time. The premises liability attorneys at Chandler McNulty LLP will treat your case with the care and attention it deserves. Take the first step in protecting your future by calling us at (713) 997-8310 and schedule a free and confidential consultation.