When you step onto a property, whether it's a grocery store, an apartment complex, or a parking garage, you have a right to expect a certain level of safety. Property owners in Texas have a legal responsibility to address hazards that could cause harm. Unfortunately, businesses and landlords sometimes prioritize profits over maintenance.
When a dangerous condition causes you serious injury, you have the right to seek compensation for the damages caused by that negligence. However, enforcing those rights against the insurance teams is difficult. That is where the Calderon Law Firm steps in.
As Houston premises liability lawyers, we know that recovering from a fall or a security breach is physically and emotionally draining. Staying on top of legal statutes and insurance deadlines while you're healing is the last thing on your mind. We handle all the paperwork and legal headaches so you can obtain the maximum compensation under the law.
If you have questions about your injury sustained on someone else's property, call us today at 346-999-5673 for a no-cost, no-obligation discussion about your rights.
Why Choose The Calderon Law Firm?
A Practice Built on Advocacy
Our firm was founded by Jose M. Calderon, a Houston native and the first-generation son of Mexican immigrants. After spending years at large personal injury firms, Jose saw a gap between what clients needed and what high-volume practices could offer. He launched Calderon Law Firm to do things his own way, a way that guarantees every client direct access to their attorney, not just a case manager.
We are a bilingual firm, fluent in both English and Spanish, and deeply rooted in the Houston community.
Recognized Leadership in Texas Law
Founder Jose M. Calderon earned a place on The National Trial Lawyers' "Top 40 Under 40" list within his second year of practice. He has also been selected to the Texas Super Lawyers Rising Stars list every year since 2020, an honor reserved for fewer than 2.5% of attorneys in the state.
This dedication is also demonstrated by our firm's willingness to take on difficult and high-profile cases. We were among the first to file suit on behalf of victims of the Astroworld tragedy. It is this proactive and determined approach that we bring to every premises liability case we handle.
Conveniently Located to Serve You
Our office is located at 6750 West Loop South #920 in Bellaire, placing us at a central and accessible point for all Houstonians. Situated just off the I-610 loop and south of the US-59 interchange, our firm is a short drive from major city hubs like The Galleria, the Texas Medical Center, and the Gulfton area.
Our Promises to You
- No Win, No Fee: We handle cases on a contingency basis. This means you pay absolutely nothing unless we secure financial compensation for you.
- Direct Attention: Our small-team structure ensures you are not just another file number. You may text our office with questions and expect a quick, clear response. We value accessibility and are here for you 24/7.
- Transparency: One of our core values is "Transparency You Can Trust." We keep you informed about your case's progress and explain the next steps without confusing legal jargon.
Premises Liability Compensation: What Is Your Case Worth?
The purpose of a premises liability claim is to pursue compensation that makes you financially whole again, covering both your present and future needs.
Categories of Damages
- Economic Damages: These are tangible, calculable financial losses. This category includes all past and future medical bills, the cost of physical therapy and rehabilitation, lost income from time off work, and compensation for any diminished future earning capacity.
- Non-Economic Damages: These damages compensate for intangible losses that do not have a specific price tag. This includes pain and suffering, emotional distress and mental anguish, physical impairment (loss of use of a body part), and disfigurement.
- Punitive Damages: In rare cases involving extreme carelessness, punitive damages may be available. These are not meant to compensate the victim but to punish the property owner for gross negligence, such as a landlord who knowingly ignores a history of violent crime without improving security.
What If I'm Partially At Fault for the Accident?
Texas follows a legal doctrine known as the modified comparative negligence rule, sometimes called the 51% bar rule. This rule, outlined in the Texas Civil Practice and Remedies Code, directly impacts your ability to recover compensation.
If you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation at all. For example, if you were texting while walking and tripped over an obvious hazard, a jury might find you more than 50% at fault. However, if you are found 50% or less at fault, you may still recover damages, but your award will be reduced by your percentage of fault.
Our job as premises liability lawyers is to ensure that no amount of blame is unjustly put onto you.
Where Premises Liability Accidents Occur in Houston
Common High-Risk Locations
- Grocery Stores & Retail Chains: Major stores like H-E-B, Kroger, Target, and Fiesta Mart see thousands of customers daily. Spilled liquids, fallen produce, misplaced pallets, and cluttered aisles are common hazards that lead to serious falls.
- Apartment Complexes: Areas with high-density housing, such as Gulfton and Southwest Houston, have properties with maintenance issues. We handle cases involving broken staircases, balcony collapses, and, importantly, negligent security. Malfunctioning security gates, broken locks, and poor lighting help enable assaults and robberies.
- Parking Garages: Garages at busy hubs like The Galleria or the Texas Medical Center are dangerous. Poor lighting may hide tripping hazards or conceal assailants, while faulty elevators cause significant injuries.
- Construction Zones: With constant roadwork on major arteries like I-610 and I-45, construction companies sometimes leave debris, tools, or uneven surfaces on public walkways, creating serious risks for pedestrians.
Understanding Premises Liability Claims in Texas
Not every accident that occurs on someone else's property means you can pursue compensation. A successful premises liability case depends on proving that the property owner was negligent. This requires showing that they failed to uphold a specific duty of care owed to you, which varies based on your legal status as a visitor at the time of the incident.
Types of Premises Liability Cases We Handle
- Slip and Falls / Trip and Falls: These are the most common cases and are caused by wet floors, uneven pavement, torn carpeting, or poor lighting.
- Negligent Security: When a property owner fails to provide reasonable security measures, leading to an assault, robbery, or shooting. This is a frequent issue in apartment complexes, hotels, and parking garages.
- Dog Bites: Under Texas law, a dog owner is liable if they knew their dog had aggressive tendencies but failed to properly restrain it.
- Swimming Pool Accidents: Common in apartment complexes and hotels, these cases involve injuries from a lack of proper fencing, defective drain covers, or dangerously cloudy water.
- Fire Safety Violations: Landlords are responsible for injuries caused by a lack of functioning smoke detectors, blocked fire exits, or other fire code violations.
Your Legal Status Matters (Invitee vs. Licensee vs. Trespasser)
Texas law classifies visitors into three categories, and the property owner's responsibility changes for each one:
- Invitee: This is someone invited onto a property for the owner's commercial benefit, like a customer in a store. Property owners owe invitees the highest duty of care. They must not only warn of known dangers but also regularly inspect the property for hidden hazards and make them safe.
- Licensee: This is a social guest, like a friend you invite over for dinner. The owner has a duty to warn a licensee of known dangers but does not have the same obligation to inspect the property for unknown hazards.
- Trespasser: Generally, a property owner owes no duty to a trespasser, other than not to cause them intentional harm. However, there is a notable exception for children under the attractive nuisance doctrine, which holds owners responsible for unsecured hazards that might attract and injure a child, such as an unfenced swimming pool.
Proving Negligence
To win a premises liability case, we must prove that the property owner knew about the dangerous condition (this is called actual notice) or should have known about it through reasonable inspection (constructive notice), yet failed to take reasonable steps to fix it or warn you.
For example, if a leaky freezer has been dripping water onto a grocery store aisle for hours, the owner has constructive notice of the hazard.
The Statute of Limitations
In Texas, you generally have two years from the date of your injury to file a lawsuit. While two years might seem like a long time, the evidence needed to prove your case disappears quickly. Surveillance footage is typically erased within weeks, and witnesses' memories fade.
Contacting a Houston premises liability lawyer promptly is the best way to preserve your rights.
Dealing with the Insurance Company
Soon after your injury, you will likely be contacted by an insurance adjuster representing the property owner. Remember that these adjusters work for their company, not for you. Their primary role is to protect their company's bottom line, which involves minimizing the value of your claim or denying it altogether.
Things They Use to Devalue Claims
- Delay, Deny, Defend: Insurance companies sometimes drag out the process, hoping that mounting medical bills will make you desperate enough to accept a lowball offer. The claims process is long and filled with tedious paperwork, which frustrates anyone into taking less than their case is worth.
- The Recorded Statement Trap: An adjuster may call you and, under the guise of being friendly and helpful, ask to take a recorded statement. They are trained to ask questions designed to get you to say something used against you, like admitting partial fault or downplaying your injuries by saying "I'm fine." Do not provide a recorded statement without first consulting a lawyer.
- Lowball Offers: A common approach is to make a quick, small settlement offer before you fully understand the extent of your injuries. You may not yet know if you will need surgery or long-term care, and accepting this early offer means you forfeit your right to seek further compensation.
FAQ for Houston Premises Liability
Can I still sue if I slipped on a spill but there was no Wet Floor sign?
Yes. In many cases, the absence of a warning sign is a key piece of evidence demonstrating the property owner's negligence. The core issue is whether they had a reasonable amount of time to discover the spill and either clean it up or warn customers about it.
What if I was injured at a friend's house? I don't want to sue my friend.
This is a common concern. In these situations, a claim is typically filed against your friend's homeowner's insurance policy, not against them personally. This is precisely why people pay for insurance coverage, to protect their guests and cover damages if an accident happens.
The property owner fixed the hazard immediately after I fell. Does that destroy my case?
No. While it may make proving the hazard's existence more difficult, it does not destroy your case. In fact, a property owner making a subsequent remedial measure does not undo the negligence that was present at the time of your fall. We use witness testimony, photos, and other evidence to establish the conditions that caused your injury.
How long does a premises liability lawsuit take to settle?
The timeline varies greatly. A straightforward case with clear evidence of liability will generally settle quicker than a more difficult case involving disputed fault or severe, long-term injuries. A lawyer will analyze the facts of your case and give you a rough timeline.
Don't Let Negligent Property Owners Ignore Your Rights
You shouldn't have to pay for an injury that was caused by a property owner's decision to cut corners on safety. The law provides a path to hold them accountable, but this protection only works if you take action.
We are ready to listen to your story and pursue the maximum compensation available under the law. Let us handle the legal fight while you focus on getting your life back, with a Houston personal injury lawyer advocating on your behalf. Call us now at 346-999-5673 for a free case evaluation.