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Premises Liability Center

Premises Liability Center

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Frequently Asked Questions About Premises Liability

Q: What is premises liability?

A: Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property.

Q: What is a licensee?

A: A licensee is a person who enters the premises with the landowner's express or implied permission and for his or her own purposes, rather than for the landowner's benefit. A social guest is considered a licensee.

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Premises liability is the area of law that establishes guidelines regarding duties and liability of property owners and occupiers to individuals who are injured on their property. If you were injured while on another person's property, contact an experienced personal injury attorney to discuss your legal options.

Texas Premises Liability Injury Lawyer

Business owners and property managers are responsible for maintaining a safe environment for the public. If you have suffered a catastrophic injury while visiting a place of business or public location, you may be entitled to full and fair money damages from all responsible parties.

Totally Committed to Just and Deserved Compensation

Laminack, Pirtle & Martines is ready to help you fight aggressively to protect your rights after suffering a premises liability injury. We have helped clients throughout Texas, Louisiana and Nevada obtain just compensation for their losses.

We invite you to learn more about premises liability accidents on this page. Contact us to discuss the specifics of your slip and fall accident and the injuries you sustained. We provide serious representation for serious injuries.

Premises Liability - An Overview

Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, by a building defect, or by the intentional, criminal act of a third party. Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property. Generally, the law provides that property owners must keep their premises reasonably safe for people who are on the property.

If you have been injured while on property belonging to someone else, it is essential that you seek legal advice as soon as possible. Contact Laminack, Pirtle & Martines in Houston, Texas, today to schedule a consultation with a personal injury attorney to discuss your case.

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Duty to Keep the Premises Safe

A property owner or a person in possession of property has a legal responsibility to keep the premises safe. These responsibilities vary from state to state, and they vary based on how the entrant to the property is classified.

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Toxic Substances on the Property

Toxic substances may include numerous things, including some you may not think of as particularly hazardous or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, mold and fluids drained from motor vehicles.

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Criminal Acts by Third Parties

A common type of premise liability case arises where a person is injured by the intentional, criminal acts of a third party while on another's property. Generally, a landowner does not have a duty to protect people on his or her property from criminal acts by third persons, absent a special relationship. A commercial property owner is not an insurer of the safety of the customers entering the space, and has no duty to protect against unforeseeable criminal actions.

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Liability of Tenants and Landlords

There are situations in which it might be advisable to include both a tenant and landlord as defendants in a premises liability suit. For example, if you are injured in a store, but the store owner is a tenant and the shopping center is actually owned by a separate landlord. Another example is if you are injured while visiting a friend's apartment. Generally, a landlord owes tenants a duty to use reasonable care and a duty to tenants and visitors to keep the premises in a reasonably safe condition.

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Duties Owed By Property Owners and Occupiers

In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees and trespassers. In states that still distinguish among these categories of people, the legal duty owed by the property owner or occupier to each category is different.

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Premises Liability Resource Links

Playground injuries fact sheet
Information about injuries at public playgrounds, provided by the Centers for Disease Control and Prevention (CDC).

The Expanding Role of Crime Prevention Through Environmental Design in Premises Liability
A survey of premises liability cases brought by victims of crime against the owners and managers of properties on which the crimes took place.

Injury, violence and safety topics
Information and statistics about accident and injury causes and prevention, provided by the Centers for Disease Control and Prevention (CDC).

Safety issues
Access to articles on accident prevention and safety via MedlinePlus, a service of the U.S. National Library of Medicine and the National Institutes of Health (NIH).

Slips, trips and falls
A primer for businesses on the law of premises liability from the Graziadio Business Review.

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Laminack, Pirtle & Martines
5020 Montrose Blvd, 9th Floor
Houston, TX 77006-6533

Phone: 713-292-2750
Toll free: 800-805-2778
Fax: 713-292-2755
Email Firm | Map / Directions

The personal injury litigation law firm of Laminack, Pirtle & Martines provides legal advice and representation for clients in communities throughout Texas, including communities such as Houston, Galveston, Beaumont, Port Arthur, Pasadena, Deer Park, Baytown, Texas City, Bay City, Corpus Christi, McAllen, Harlingen, Victoria, Conroe, The Woodlands, Austin, San Antonio, Dallas, Fort Worth, Irving, Plano, Carrollton, Waxahachie, Longview, Nacogdoches, Huntsville, College Station, and Waco, Texas.

Whether you live in East Texas, Southeast Texas, the Rio Grande Valley or along the Gulf Coast, Laminack, Pirtle & Martines is the law firm to call when you have been injured or lost a loved one in an accident caused by someone's negligence. In addition to Texas, we handle cases in Reno and Las Vegas, Nevada, as well as Louisiana communities such as Lake Charles, Alexandria, Lafayette, Baton Rouge and New Orleans.

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