Premises liability lawyer sitting with client

Proving the Elements of a Premise Liability Claim in Texas

By Jose Ceja
Managing Attorney

When you go to someone else’s property, you expect that you will be safe from physical harm while there. If you become injured on someone else’s property because of their negligence, you may have a claim for premise liability. This occurs when there are unsafe or defective conditions on their property. However, you must be able to prove that there was, in fact, negligence involved. 

Property owners have a duty to maintain their property. When they don’t and injury follows, the injured person can bring a claim. Most premises liability claims settle rather than going all the way to trial. What the victim is entitled to depends on a multitude of factors. However, you can bolster your case by doing the following.

1. Prove there is a causal link.

It’s imperative that you are able to show that your injuries were, in fact, caused by the defect on the premises. You can help to establish this causal link between the property owner’s negligence and your injuries by asking your physician if they would provide a letter describing your injuries and how they were caused by the defect on the premises. Then be sure to maintain this letter for your records.

2. Prove that there was Notice of the dangerous condition. 

It’s not enough to prove that a hazardous condition existed on the property; you must also prove that the owner of the property was aware of the condition. This means that he or she either had actual notice or constructive notice. Constructive notice means that the condition existed for a period of time long enough that the owner should have noticed it. You can demonstrate that the owner had notice by supplying incident reports, photographs, video surveillance, or even sworn testimony. 

3. Maintain a journal documenting your injuries.

While medical records can help to prove just how extensive your injuries are, by maintaining a journal of everything pertaining to your injuries, it can help to boost your case. This should include all experiences related to your injuries (e.g. doctor’s appointments, surgeries, inability to work, etc.)

4. Don’t forget to document your expenses.

There’s no doubt that injuries can be expensive. That’s why it’s so important to keep a running record of all expenses incurred as a result of your injuries. If you fail to document the cost of something, you may find it much more difficult to be compensated for it. Document things such as:

  • Medical bills
  • Lost wages
  • Loss of future earnings
  • Home and vehicle modification
  • Loss of enjoyment of life
  • Emotional distress
  • Pain and suffering

5. Hire an experienced Lawyer

One of the most helpful things that you can do to increase your odds of recovering for your premises liability claim is to consult with a knowledgeable and experienced Texas premise liability attorney. He or she can help walk you through the steps involved in recovering all compensation. 

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured Due to Premises Liability

If you have been the victim of premises liability, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. 

At Ceja Law Firm PLLC, we understand the impact that injuries from premise liability can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.