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Tomball Premise Liability Lawyer
Tomball slip and fall lawyers, Tomball premises liability lawyers, and other Harris County premises liability lawyers serve clients in all types of injury and accident cases across the Tomball area. These accidents can result from a variety of causes and conditions and a variety of factors will be involved in determining whether you are entitled to monetary recovery under the law.
What is Premises Liability and how can a Tomball slip & fall accident affect you?
In layman’s terms, a “slip and fall” or “trip and fall” injury refers to an accident that results in personal injury on the property of another, usually due to some negligent maintenance or construction of the property or structures thereon. However, in a legal sense, these types of injuries fall under a broad body of law known as Premises Liability. Other common types of premises liability cases involve accidents such as falling merchandise not adequately secured by a store owner, or a dangerous condition on land, left open to children or to the public without an adequate warning. These types of accidents occur due to the negligence of Tomball landowners, store owners, construction sites and businesses across Harris County, Texas. If you have been injured in a Tomball Slip & Fall accident, contact an experienced Texas premises liability lawyer today.
Why Should You Obtain a Tomball Slip & Fall Attorney?
Tomball personal injury lawyers cover slip and fall litigation because cases in this area center on the issue of negligence. A well-qualified Tomball or Harris County premises liability lawyer will be experienced with this difficult area of law and know how best to navigate the legal system to your advantage.
How Long Do You Have To Contact a Tomball Slip & Fall Attorney?
In Texas, a “Statute of Limitations” sets the deadline for filing personal injury actions, such as premises liability claims, at two (2) years. Thus, you must either settle your claim or have a lawsuit filed in a Harris County District Court within two years from the date you were injured or your claim will be time barred.
Tomball Premises Liability Law — The Basics
When you or a family member slips and falls on someone else’s land and sustains a personal injury, they may be entitled to monetary compensation if a dangerous or preventable condition is to blame. If you or a loved one has been injured due to a slip and fall accident or another accident caused by a dangerous condition, a Tomball premises liability attorney can help you get the compensation you deserve.
As noted, premises liability actions are based in negligence, or legal fault. The injury must be “caused” by a “condition” upon the land (or building located upon the land) at issue. To be liable for negligence under Texas law, there must be:
- A special duty of care existing between the injured party and the negligent party;
- A breach of that duty; and
- The negligence must be the “proximate cause,” or legal cause, of the victim’s injuries and damages.
One recent change in Texas Premise Liability law can be found in the adoption of Chapter 95 of Texas Civil Practice & Remedies Code, which completely protects a property owner from an injured party’s claims, if the claims is based upon the negligence of a contractor or sub-contractor, unless the owner:
- Exercised control over the manner in which the Contractor's work is performed;
- Had actual knowledge of the dangerous condition resulting in the personal injury, death, or property damage; and
- The property owner failed to give an adequate warning.
- 95.001. Definitions;
- 95.002. Applicability;
- 95.003. Liability for Acts of Independent Contractors; and
- 95.004. Evidence Admissible
This is a very tough burden of proof to carry and it is nearly impossible for an average Tomball citizen to be successful without the competent and aggressive representation of a Tomball Premises Liability Lawyer who knows the ins-and-outs of Texas' premises liability law as well as the various Tomball and Harris County Courts.
Criminal Acts of Rape, Assault and Murder — Is the Land Owner or Occupier Liable?
When the injury is the intentional act of a third party that injures a Tomball resident on areas such as apartment properties, mall parking lots, drive-thru lanes at fast food restaurants, ATM machines, or the like. Unfortunately, intentional acts such as these occur in Tomball and Harris County, Texas more often than many of us realize. In these cases, the legal issue turns upon whether the action that gave rise to the victim’s injury was foreseeable and whether reasonable steps could have been taken to prevent such activity on their property. Essentially, the relevant question is whether the Tomball property owner could have done anything to make the area more safe that might have prevented the crime from occurring in the first place.
Harris County accident lawyers often need to research the criminal complaints or calls made to the Tomball Police Department regarding the particular piece of property at issue. Also, there may have been a number of “property crimes” in an area, such as car break-ins, but no violent crime calls. Thus, if someone is raped or beaten for the first time in an area, it may be hard to hold the defendant-property owner liable despite the calls made to the police regarding car break-ins. A qualified Tomball premises rape attorney, however, will work hard to make the necessarily legal arguments on your behalf and get you the settlement you deserve.
Tomball Premises Liability Trial Lawyers Practice in Harris County Courts
Tomball injury lawyers are experienced in handling slip & fall premises liability cases in both federal and state courts across the Tomball area. Just a few of the many courts in which Tomball injury lawyers typically try cases are:
Harris County 11th Civil District Court
Harris County 55th Civil District Court
Harris County 61st Civil District Court
Harris County 80th Civil District Court
Harris County 113th Civil District Court
Harris County 125th Civil District Court
The Harris County Civil District Courts for Tomball are located at Harris County Civil Courthouse, 201 Caroline Street, 9th Floor, Houston, TX 77002
Hospitals in the Tomball Area
Triumph Hospital North Houston
Tomball Reginal Hospital Emergency Center
Triumph Hospital Tomball
Tomball Regional Hospital
Tomball Emergency Services Contact Information
Slip & Fall Accident Lawyers in Tomball Serve:
Serving clients throughout Southeastern Texas, including Aldine, Atascocita, Bellaire, Conroe, Houston, Humble, Jacinto City, Katy, Magnolia, Mission Bend, Northwest Harris, Oak Ridge North, Pecan Grove, Pinehurst, Shenandoah, Spring, Stagecoach, Sugar Land, West University Place, The Woodlands and other communities in Harris County.