Premises Liability
Attorney in Houston, Texas

Unfortunately, accidents often occur away from home on public or private property. Some industries are more prone to hazards than others. For example, according to the Centers for Disease Control (CDC), the fatality rate for oil and gas workers is seven times higher than in other industries. Getting injured while working for a contractor in the oilfield industry or while working in the Refineries can be a devastating experience. If you or a loved one were injured or exposed to hazardous substances or injured in any other way on a business's property or during an oilfield operation or in a Petrochemical Plant/Refinery, you may be entitled to pursue fair compensation.

The Fostel Law Firm is committed to offering experienced legal guidance and comprehensive representation to individuals in their premises liability and personal injury cases. As an experienced Texas oilfield accident attorney, I can fight compassionately to protect your rights and help pursue rightful compensation for your injuries and damages.  Furthermore, if you have suffered due to asbestos exposure or mesothelioma diagnosis, I can help you seek justice and hold the property or business owner liable.

The Fostel Law Firm is a nationwide practice, and I will review your case free of charge.

What is Premises Liability Law?

"Premises liability" is a legal term used to describe a situation whereby an individual becomes injured or hurt on public or private property as a result of the hazardous, dangerous, or unsafe condition of the property.

Under Texas negligence law, failing to exercise the degree of care expected of someone in order to reduce the risk of harm to another person is considered "negligence." Victims who are injured in an accident on another person's or business's property are within their rights to recover damages.

However, to seek damages for injury, the plaintiff must show that:

  • The defendant owed a duty of care
  • There was a breach of duty of care
  • The injury was caused by the defendant's breach of duty
  • The negligence or carelessness of the defendant was the proximate cause of injuries
  • Actual harm, bodily injuries, or damages was suffered from the accident

Injured on Public or Private Property?

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Types of Premises Liability Claims

Examples of injuries that may occur and lead to a premises liability claim include:

  • Oilfield accidents
  • Mesothelioma
  • Plant/Refinery Explosions
  • Toxic fumes or chemicals
  • Oil leaks
  • Negligent security leading to assault or injury
  • Accidents involving fire
  • Garage door accidents
  • Defective and broken stair accidents

Any of these accidents can cause severe injuries, or sometimes even death.

Private Property vs. Public Property Claims

Premises-related injuries can occur on both public and private properties. Public properties include public schools, public playgrounds, public libraries, theme parks, roadways, parking lots, sidewalks, oilfields, and other government establishments. Conversely, private properties consist of residential apartments and commercial buildings, including local grocery stores, restaurants, retail stores, and supermarkets.

In premises liability lawsuits, there is no difference between public or private property negligence. Victims can pursue fair compensation for getting injured on private property. Likewise, they can seek damages from the government for premises-related injuries suffered in a public place or government entity. Whether it's your oilfield contractor, a local supermarket, or even a government establishment, you are eligible to file injury claims against any negligent property or business owner.

Modified Comparative Negligence in Texas

Texas uses a "modified comparative negligence" system. Also referred to as "proportionate responsibility," victims are entitled to seek compensation if their negligence is not greater than the defendants. That is, you can recover damages only if you were less than 50 percent at fault for the accident occurring. Regardless, your amount of financial compensation will be diminished by your fault or negligence percentage.

For instance, if you were texting and walking, got distracted, and failed to notice an exposure that you would have seen if you were paying attention, you may be found to be partially at fault for your injury. If you were awarded $50,000 in damages, but it was decided that you were 30 percent at-fault, you would only receive $35,000.

Hiring a Premise Liability Attorney

Proving negligence in a Texas premise liability case involves a lot of complexities. Therefore, it is important to consult with a knowledgeable Texas personal injury attorney for detailed guidance and to protect your rights.

At The Fostel Law Firm, I have dedicated my career to providing outstanding legal services and comprehensive representation in matters of personal injury and premises liability claims. As your legal counsel, I will review every aspect of your case, conduct a thorough investigation, prove fault, establish liability, and determine case value.

Also, I can help you file your injury claims, fight compassionately to protect your rights, and help you pursue fair financial compensation for your injuries. With me on your side, you can anticipate a favorable outcome in your premises liability lawsuit.

Experienced Premises Liability Attorney Serving Houston, Texas

If you or your loved one were injured on public or private property, if you were exposed to hazardous substances during an oilfield operation, or if you were injured in any way while working in a Petrochemical Refinery then you may seek fair compensation. Contact The Fostel Law Firm today to schedule a free one-on-one consultation. I will offer you the experienced legal guidance you need and help you fight for justice. I'm proud to represent clients throughout Texas and Southeast New Mexico.