Houston Premises Liability Lawyer

Were you injured on someone else's premises?

Charles J. Argento has represented injured people in Houston since 1988, and he knows that some of the most serious injuries happen in places people had every reason to believe were safe. A trip to a grocery store, an evening at an apartment complex, a walk through a parking garage, or a visit to someone else’s home can end with an injury when a dangerous property condition is ignored.

Texas premises liability cases are not established simply by showing that someone was hurt on another person’s property. The circumstances surrounding the hazard matter, including why the injured person was there, whether the property owner knew or should have known about the danger, whether an adequate warning was provided, and whether the condition actually caused the injury.

Charles spent the early years of his legal career defending insurance companies before representing injured people. That experience gives him insight into how property owners and insurers investigate these claims, challenge notices of dangerous conditions, dispute injury claims, and attempt to place responsibility on the person who was hurt.

If you suffered a serious injury because of an unsafe condition on someone else’s property, call Charles J. Argento & Associates at (713) 225-5050 or contact us online for a free consultation.

Where Do Premises Liability Injuries Happen in Houston?

After more than 37 years practicing law in Houston, Charles has seen how premises liability cases can arise virtually anywhere people live, work, shop, eat, or spend their time. Houston’s size means these claims can involve everything from large commercial properties and apartment communities to neighborhood businesses and private homes.

An injury might occur at:

• A grocery store or supermarket.
• An apartment complex.
• A hotel.
• A restaurant or bar.
• A shopping center.
• A retail storefront.
• An office building.
• A parking garage or parking lot.
• A warehouse.
• A condominium complex.
• A private residence.
• A sidewalk or walkway.
• A recreational property.

The hazards can also vary by location. A shopper near the Galleria may encounter a liquid spill or broken flooring, while someone visiting an apartment complex in southwest Houston may be injured on a poorly maintained staircase or in an inadequately secured common area.

Downtown Houston office buildings and parking garages, businesses along Westheimer Road, apartment communities near Interstate 10 (I-10) and Interstate 45 (I-45), and commercial properties throughout Harris County all present different questions about ownership, management, maintenance, inspections, and security.

Identifying who controlled the area where the injury occurred can be one of the first important steps in determining responsibility.

How Serious Are Falls in Texas?

Charles J. Argento & Associates knows from decades of representing injured people that a fall can cause far more than temporary soreness. A person who strikes their head, lands on a hip, or falls a staircase can suffer injuries requiring surgery, hospitalization, rehabilitation, and months away from work.

Texas Department of State Health Services data identifies falls among the leading causes of injury deaths in the state.

The same Texas data identified 528 additional fatal falls involving same-level slipping, tripping, or stumbling followed by striking another object. Another 192 involved falls from stairs and steps.

Those numbers reinforce an important point: a fall need not involve a significant height to cause catastrophic harm. The way someone lands, the surface involved, the person’s age and physical condition, and whether the head or another vulnerable part of the body strikes an object can all affect the severity of the injuries.

What Types of Dangerous Property Conditions Can Cause Injuries?

In Charles’s experience, premises liability claims often begin with a condition that could have been corrected, repaired, removed, or adequately marked before someone was hurt. Determining how the condition developed and how long it existed can be just as important as identifying the hazard itself.

Dangerous conditions may include:

• Liquid or food spills.
• Uneven flooring.
• Torn or loose carpeting.
• Broken stairs.
• Missing or defective handrails.
• Poorly maintained elevators or escalators.
• Debris in walkways.
• Falling merchandise or other objects.
• Inadequate lighting.
• Potholes or damaged pavement.
• Unmarked changes in floor elevation.
• Wet entrances.
• Unsafe balconies or railings.
• Dangerous swimming pool conditions.
• Exposed electrical hazards.
• Inadequate security.

Weather can occasionally contribute to unsafe walking surfaces. Still, Houston premises claims more commonly involve water tracked indoors, leaks, spills, poor maintenance, construction conditions, or defects that the owner or operator had an opportunity to discover.

A dangerous condition alone, however, does not necessarily establish liability. One of the central questions is what the person or company responsible for the property knew about it before the injury occurred.

What Must You Prove in a Houston Premises Liability Claim?

Charles’s experience on both sides of insurance disputes has shown him that proving a premises liability claim often comes down to details that may not be obvious immediately after an injury. Insurance companies frequently focus on whether the owner had notice of the hazard and whether the injured person should have recognized or avoided it.

Although the precise requirements depend on the circumstances and the injured person’s legal status on the property, a premises liability case generally requires evidence addressing several issues.

The Property Owner Owed a Duty

The duty owed can depend on why the person was on the property. Texas premises liability law traditionally distinguishes among invitees, licensees, and trespassers.

• An invitee generally enters property with the owner’s knowledge and for the mutual benefit of both parties. Customers in stores and patrons at restaurants are common examples.
• A licensee generally enters with permission but for the visitor’s own purposes rather than for a mutual business benefit. A social guest at someone’s home may fall into this category.
• A trespasser enters without permission or legal authority. Property owners generally owe trespassers a much more limited duty, although exceptions and special circumstances can affect the analysis.

The injured person’s status matters because it can influence what the owner was legally required to do about the dangerous condition.

The Owner Knew or Should Have Known About the Hazard

For many premises cases, this becomes the central dispute.

Actual notice may exist when the owner, manager, or employee knew about the dangerous condition. An employee may have seen a spill, received a complaint about a broken stair, created the condition, or documented it in an incident or maintenance report.

Constructive notice can be more difficult to establish. It generally involves showing that the dangerous condition existed long enough for a reasonable property owner or operator to discover it.

Imagine a customer slips on a spill in a grocery store aisle. Showing that the liquid was present after the fall does not, by itself, answer the notice question. Evidence that the spill had been there for an extended period, employees repeatedly walked past it, or required inspections were not performed can tell a very different story.

That is why constructive notice can become one of the most important issues in a Texas slip-and-fall case.

The Owner Failed to Address the Danger

Once the applicable duty and notice are established, the evidence may show that reasonable steps were not taken to correct the condition or warn visitors about it.

Depending on the circumstances, reasonable action might have included cleaning a spill, repairing a defective stair, blocking access to an unsafe area, replacing inadequate lighting, or posting a meaningful warning until repairs could be completed.

A warning must also be considered in context. Simply placing a sign somewhere on the property does not automatically resolve every liability question.

The Dangerous Condition Caused the Injury

Charles also examines the connection between the property condition and the injuries being claimed. Medical records, photographs, witness accounts, video footage, and expert testimony can help establish what happened and how the incident caused or aggravated the person’s injuries.

Insurers may question whether a medical condition existed before the incident or whether treatment was really necessary. Charles’s prior insurance-defense experience helps him anticipate those arguments when documenting the claim.

What Is Actual Notice Versus Constructive Notice?

Charles knows that the distinction between actual and constructive notice can determine whether an otherwise serious premises liability case can be proven. The question is not simply whether a hazard existed. It is whether the responsible party knew or reasonably should have known it existed in time to take action.

• Actual notice can be supported by evidence showing that the property owner, manager, employee, or another responsible party was aware of the condition. That might include an earlier complaint, a maintenance request, an employee’s observation, or proof that an employee actually created the hazard.
• Constructive notice does not require proof that someone admitted knowing about the danger. Instead, evidence may show that the condition existed long enough that reasonable inspections or ordinary attention should have revealed it.

Useful evidence can include:

• Security camera footage.
• Inspection records.
• Cleaning logs.
• Maintenance records.
• Previous complaints.
• Prior incident reports.
• Employee statements.
• Witness statements.
• Photographs showing the condition.
• Records showing when an area was last inspected.

Video can be particularly valuable because it may establish when a condition first appeared and how much time passed before the injury. For that same reason, preserving evidence quickly can be critical.

How Can Evidence Disappear After a Slip and Fall?

Charles J. Argento & Associates has handled injury claims long enough to know that a property’s condition can change almost immediately after someone gets hurt. A spill can be cleaned, defective flooring repaired, surveillance footage overwritten, and a broken handrail replaced.

An injured person should report the incident as soon as reasonably possible and, when able, document the area before it changes. Photographs or video showing the hazard and surrounding area can become important later.

Other evidence may include:

• The property’s incident report.
• Names and contact information for witnesses.
• Clothing and shoes worn at the time.
• Receipts or other records establishing why the person was on the property.
• Medical records.
• Communications with the property owner or manager.
• Surveillance footage.
• Inspection and maintenance records.

Charles J. Argento & Associates may also work with expert witnesses when a case requires specialized analysis. A safety engineer, building professional, human-factors expert, or other specialist may help evaluate whether a condition was unreasonably dangerous and whether accepted safety practices were followed.

Can I Recover If I Was Partly Responsible for My Injury?

Charles knows that blaming the injured person is a common insurance-defense strategy. A property owner’s insurer may argue that the hazard was obvious, the visitor was distracted, inappropriate footwear contributed to the fall, or the person should have watched where they were going.

Texas uses a proportionate responsibility system under Chapter 33 of the Texas Civil Practice and Remedies Code.

A person who is partly responsible may still recover damages as long as their assigned percentage of responsibility is not greater than 50%. If they are 51% or more responsible, recovery is generally barred.

When the injured person’s responsibility is 50% or less, compensation is reduced by that percentage.

For example, if a person suffers $200,000 in damages but is found 20% responsible, the recoverable amount would generally be reduced by 20%, leaving $160,000.

That makes allegations of comparative negligence important from the beginning. An insurance adjuster can later use a seemingly minor statement that they did not see the hazard to argue for a greater percentage of responsibility.

Charles’s background defending insurance companies gives him firsthand knowledge of how fault arguments can affect a claim’s value.

When Can Inadequate Security Lead to a Houston Premises Liability Claim?

During his decades representing injured people in Houston, Charles J. Argento & Associates has also handled cases in which the danger did not come from a broken stair or slippery floor. Sometimes the issue is whether a property owner took reasonable precautions against foreseeable criminal activity.

Negligent security claims can arise after assaults, robberies, shootings, sexual assaults, or other violent incidents at properties such as:

• Apartment complexes.
• Hotels and motels.
• Parking garages.
• Shopping centers.
• Bars and nightclubs.
• Retail properties.
• Office buildings.

These cases are highly fact-specific. A property owner is not automatically responsible whenever a crime occurs on the premises.

Instead, an investigation may examine whether prior criminal activity or other circumstances made the danger foreseeable and whether reasonable security measures were taken. Relevant issues might include the operation of gates, locks, lighting, and surveillance systems; security personnel; access controls; and the property’s history of similar incidents.

Evidence may include police reports, prior incident records, security logs, maintenance requests, surveillance footage, contracts with security companies, and communications involving property management.

A security consultant or other expert witness may also be needed to evaluate whether the property’s security measures were reasonable under the circumstances.

Who May Be Responsible for an Unsafe Property?

Charles does not assume that the person or company whose name appears on a building is necessarily the only party responsible for its condition. Houston commercial and residential properties can involve multiple companies with different responsibilities.

Potentially responsible parties may include:

• A property owner.
• A commercial tenant.
• A property management company.
• A maintenance contractor.
• A security contractor.
• A business operating on leased property.
• Another company responsible for the dangerous condition.

A shopping center, for example, might have individual businesses responsible for conditions within their leased spaces, while a separate property management company maintains sidewalks, parking lots, and other common areas.

Apartment complexes can involve similar arrangements among owners, management companies, maintenance providers, and security contractors.

Reviewing contracts, leases, maintenance agreements, and other records may help determine who actually controlled the area and who had responsibility for correcting the hazard.

What Injuries Can Result From Dangerous Property Conditions?

Charles J. Argento & Associates has represented clients whose falls and other premises incidents caused injuries requiring surgery and lengthy rehabilitation. A person’s feet may slip only a short distance, but the resulting impact can still produce permanent consequences.

Serious premises liability injuries may include:

• Traumatic brain injuries.
• Concussions.
• Spinal cord injuries.
• Fractured hips.
• Broken wrists and arms.
• Leg and ankle fractures.
• Neck and back injuries.
• Torn ligaments and tendons.
• Nerve damage.
• Paralysis.
• Scarring and disfigurement.

Negligent security incidents can cause additional physical injuries as well as substantial psychological trauma.

The full effect of an injury may not be known immediately. A fractured hip can affect mobility and independence, while a traumatic brain injury can interfere with memory, concentration, employment, and daily functioning.

Charles considers those long-term effects when evaluating the cost of a client’s injury and the future care that may be necessary.

What Compensation Can Be Pursued in a Premises Liability Case?

After more than three decades representing injured people, Charles knows that medical bills are only one part of the harm a serious injury can cause. Someone may miss months of work, lose the ability to return to the same occupation, or require continuing care long after an insurance company wants to close the claim.

Depending on the facts, recoverable damages may include:

• Past and future medical expenses.
• Lost wages.
• Loss of earning capacity.
• Rehabilitation expenses.
• Pain and suffering.
• Mental anguish.
• Physical impairment.
• Scarring and disfigurement.

In limited circumstances involving particularly egregious conduct, exemplary damages may also be available under Texas law. Whether they can be pursued depends on the specific facts and the applicable legal requirements.

What If I Was Injured at a Friend or Family Member’s Home?

Charles understands why people can hesitate to pursue a claim after being injured at the home of someone they care about. They may worry that seeking compensation means personally taking money from a friend or relative.

In many cases, however, a homeowner’s or other property insurance policy may provide liability coverage for qualifying injuries. The claim may therefore be handled through an insurance company rather than requiring the injured person to seek payment directly from the homeowner.

The available coverage depends on the policy and circumstances. Charles can review those issues and explain what pursuing a claim would actually involve before a client decides how to proceed.

Why Choose Charles J. Argento & Associates for a Houston Premises Liability Case?

Charles J. Argento & Associates has represented injured people in Houston since 1988. Before doing so, he defended insurance companies and learned how insurers evaluate liability, investigate claims, challenge medical evidence, and develop arguments intended to reduce what they pay.

He brought that knowledge with him when he began representing injured people.

Every client works directly with Charles. He reviews files, develops strategy, handles negotiations, and litigates cases when necessary rather than passing responsibility for the case to a junior attorney.

His professional recognition includes Texas Super Lawyers, an AV Preeminent rating from Martindale-Hubbell maintained for 22 consecutive years, and a 10/10 Avvo rating. He has also received recognition from The National Trial Lawyers and Houstonia.

Those credentials reflect a career spanning more than 37 years. However, Charles’s approach to an individual premises case still begins with the details: what made the property dangerous, who knew about it, who controlled the area, what evidence remains available, and how the resulting injury has affected the injured person.

Talk With a Houston Premises Liability Lawyer About Your Injury

A property owner or insurance company may describe a fall or other premises incident as something that happened. That does not mean you have to accept that explanation without knowing whether a dangerous condition should have been corrected or whether reasonable security measures should have been in place.

Charles J. Argento & Associates can investigate what happened, determine who controlled the property, evaluate actual or constructive notice, preserve available evidence, and address attempts to place responsibility on you.

If you were seriously injured at a store, apartment complex, parking facility, business, private residence, or another property in Houston, call (713) 225-5050 or contact us online for a free consultation. There are no attorney’s fees unless Charles obtains a recovery for you.

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