Property owners in La Porte, from apartment communities to industrial sites near the Houston Ship Channel, have a legal duty to keep people reasonably safe. When an owner ignores a broken stair, a dark parking lot, or a known danger, the person who gets hurt shouldn’t carry the cost alone. A premises liability lawyer in La Porte can hold the owner to that duty.
At Attorney Brian White Personal Injury Lawyers, property injury claims are part of the work we do as a personal injury lawyer in La Porte. We look at who controlled the property, what they knew, and what they should have done about it. Get Brian, and let’s talk about what happened.
What is Premises Liability in Texas?
Premises liability in Texas is a property owner’s or occupier’s legal responsibility for injuries caused by dangerous conditions on the property, with the duty owed depending on why you were there, under Keetch v. Kroger Co. (Tex. 1992).
The word “occupier” matters here. A tenant business, a property manager, or a contractor running a work site can be responsible even if it doesn’t own the land, so the first question is who was in charge.
Attorney Brian White Personal Injury Lawyers answers that question with lease records, contracts, and maintenance logs. Our main office in Houston, home of our Houston personal injury lawyer team, has handled premises cases across the region.
For a legal consultation call (713) 500-5000
Invitee, Licensee, or Trespasser: How Your Status Shapes the Case
Texas courts sort injured visitors into three groups, and each group is owed a different level of care. Here is how the categories work:
- Invitee: You entered for the owner’s business benefit, such as a customer, tenant, or delivery driver. The owner must use reasonable care to make safe or warn about dangers it knew or reasonably should have known about.
- Licensee: You entered with permission but for your own purposes, such as a social guest. The owner must warn about or make safe dangers it actually knew about and you didn’t, as explained in State v. Williams (Tex. 1996).
- Trespasser: You entered without permission. The owner’s duty is generally limited to not injuring you on purpose or through gross negligence.
Because invitees receive the highest duty, owners and insurers often argue that an injured person was really a licensee or a trespasser. A tenant in a common hallway or a customer who stepped into a back room may face that argument, and the facts of why you were there can decide it.
Children are treated differently in one important way. Under Texas’s attractive nuisance rule, an owner may be responsible when a child trespasser is hurt by a man-made danger, such as an unfenced pool, that the owner should have expected to draw kids in.
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Common Premises Cases in La Porte
Premises claims cover far more than slips on a wet floor. In La Porte, we see injuries from:
- Falling merchandise and unsecured equipment
- Swimming pools without proper fencing or gates
- Collapsing stairs, balconies, and decks
- Apartment fires caused by faulty wiring or missing smoke alarms
- Assaults in poorly lit or unsecured apartment communities and parking lots
That last category, negligent security, can lead to some of the gravest injuries we see. Our firm has recovered a $2 million settlement for the family of a person shot by an apartment security guard.
We have also recovered a $1.5 million settlement for a client who suffered a traumatic brain injury and neck injuries when equipment fell. Past results do not guarantee future outcomes.
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Injuries on Industrial and Port Property
Many La Porte residents work at or visit property they don’t own, such as plants along State Highway 225 or the Barbours Cut Container Terminal. When a contractor’s worker is hurt by a dangerous condition at someone else’s site, the site owner may be responsible.
Texas limits those claims, though. Under Tex. Civ. Prac. & Rem. Code ch. 95, a property owner generally isn’t liable when a contractor’s employee is hurt while working on a building, tank, or other improvement, unless the owner controlled the work and actually knew of the danger.
Given that rule, the contract and the owner’s role on site often decide these cases. We ask for safety plans, permits, and emails to show who was really running the work.
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Public Property Rules and Filing Deadlines in La Porte
A fall or injury at Sylvan Beach Park or another public park follows special rules. Under Texas’s recreational use statute, § 75.002, a government unit generally owes people using its land for recreation only the duty owed to a trespasser, so you must prove gross negligence.
Outside of recreation, the Texas Tort Claims Act generally treats visitors to public property as licensees under § 101.022. Special defects such as an open excavation on a road are the exception, and they carry a higher duty.
You also have an extra step to take after an accident due to public property. A claim against the City of La Porte needs written notice to the city secretary within 180 days under Section 1.06 of the city charter. That’s separate from the two-year statute of limitations under § 16.003(a).
Steps to Take After an Injury on Someone’s Property
Start by reporting the injury to the manager, landlord, or property owner, and ask for a copy of any incident report. If you can, put the report in writing too, such as an email or text, so there’s a record of when the owner learned about the hazard.
Photograph the hazard before it’s repaired, keep your shoes and clothing, and get the names of anyone who saw what happened or had complained about the problem before. If you were assaulted, call the La Porte Police Department so the attack is documented. Prior police calls to the same property can show the owner knew about the danger.
Then let our lawyers handle any call from the property’s insurer, since a recorded statement can be used to lower your claim. We’ll fight to get you the most compensation we can from your situation.
Why People Hurt on Property Choose Attorney Brian White Personal Injury Lawyers
Attorney Brian White Personal Injury Lawyers is a premises liability lawyer in La Porte that prepares every case as if it may go to trial. Brian White received Avvo Clients’ Choice Awards in 2019 and 2021, honors based on reviews from the clients he represented.
That client focus comes with professional standing. Brian White is a member of the Texas Trial Lawyers Association and the American Association for Justice, and he previously served on the Board of Directors of the Houston Trial Lawyers Association.
Our team also offers services in Spanish and can meet you at home or in the hospital. To learn more, read about Attorney Brian White Personal Injury Lawyers and how we work.
Talk With a Premises Liability Attorney in La Porte
Property owners and their insurers know the rules about visitor status and notice, and they use them to fight claims. Our premises liability lawyers in La Porte know those rules too, and we can use them to protect your claim.
Our team is available 24/7, and you’ll speak with a real person. Schedule your free consultation today, and we’ll look at who should answer for your injury.
Call or Text (713) 500-5000 or Complete a Case Evaluation Form