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Wrongful Death Premises Liability Accident Lawyers

In Texas, if you’ve lost a loved one due to someone else’s negligence, you might be able to seek justice through a wrongful death or survival claim. However, if this happened because of an unsafe property, navigating the claim can feel overwhelming. Understanding premises liability — figuring out if a property owner or user didn’t do their part to keep your loved one safe — involves piecing together many things.

At Johnson Garcia, our experienced wrongful death attorneys are dedicated to fighting for the rights of those who have lost loved ones in accidents that should have been prevented.

Our team of Houston wrongful death premise liability lawyers understand the complexities of premises liability law and are committed to holding property owners accountable for their failure to ensure a safe environment. With compassion and determination, we work tirelessly to secure the justice and compensation our clients deserve, helping them navigate through their most challenging times.


Call us today at 832-844-6700 for a free case evaluation with an experienced Houston work injury lawyer.

What Are Common Causes of Premises Liability Wrongful Death Accidents?

Premises liability wrongful death accidents arise from a property owner or occupier’s failure to ensure their premises are safe for those who enter, leading to tragic outcomes. These accidents can occur across various settings, from commercial properties like shopping malls and restaurants to residential areas, including apartment buildings and private homes. Understanding the common causes, the injuries that result from these accidents, and the damages families can recover is crucial for those affected.

Common Causes

  • Slip and Falls. One of the most prevalent causes of premises liability wrongful death incidents is slip and fall accidents. These can occur due to wet floors, uneven surfaces, poor lighting, or obstacles that are not appropriately marked. In older populations or those with pre-existing conditions, what might initially seem like a minor fall can lead to fatal injuries.
  • Inadequate Security. Fatalities can also result from inadequate security measures on a property. This includes insufficient lighting, lack of security personnel, or faulty security equipment, leading to assaults or other violent crimes that could have been prevented with proper security protocols.
  • Swimming Pool Accidents. Unsecured or unsupervised swimming pools pose significant risks, especially to children. Drowning or severe injuries leading to death can occur in pools that lack proper fencing, do not have safety equipment, or are left accessible to unsupervised visitors.
  • Exposure to Hazardous Conditions. Exposure to toxic substances, electrical hazards, or unsafe construction zones without proper warnings or barriers can lead to severe health issues or death. Property owners are responsible for ensuring that visitors are not exposed to such dangerous conditions.
  • Structural Failures. Poorly maintained buildings or structures can lead to catastrophic incidents, such as balcony collapses or ceiling failures. These structural failures often result from neglecting proper maintenance and safety inspections.

Resulting Injuries

The tragic outcomes of premises liability cases often stem from a range of severe injuries. Depending on the accident’s specifics, these injuries can dramatically differ, each with its own devastating impact. Below are some of the most common injuries that, unfortunately, can lead to wrongful death:

  • Traumatic Brain Injuries (TBIs). Falls, especially from heights or on hard surfaces, can result in TBIs, leading to fatal outcomes due to complications like swelling, bleeding, or sustained brain damage.
  • Suffocation or Drowning. In scenarios involving unsupervised swimming pools or entrapment in confined spaces, victims, particularly children, are at a high risk of suffocation or drowning.
  • Severe Wounds from Criminal Acts. Inadequate security measures can lead to violent crimes on the premises, resulting in life-threatening injuries from assaults or stabbings.
  • Poisoning. Exposure to toxic chemicals or gasses due to improper storage or lack of hazard warnings can cause poisoning with potentially lethal effects.
  • Severe Burns. Contact with open flames, electrical hazards, or caustic substances can result in severe burns, leading to fatal injuries due to infection, shock, or organ failure.

The range of injuries leading to wrongful death in premises liability cases paints a grim picture of what can happen when property safety is neglected. From the irreversible damage of brain injuries to the acute dangers of drowning, suffocation, or exposure to hazardous materials, each case bears witness to the critical need for comprehensive safety protocols.

For families navigating the aftermath of such tragedies, understanding these injuries is a step toward seeking justice for their loved ones. The support of a skilled attorney can make a significant difference in the journey toward justice and financial stability.

Damages That Can Be Recovered

For families who have lost a loved one due to a premises liability wrongful death, the legal system provides a mechanism to recover damages. These compensations are intended to provide financial relief for both the economic and non-economic losses suffered due to the tragic event.

  • Medical Expenses. Families can recover costs for any medical treatment the deceased received due to the injury before their death. This includes hospital stays, medical procedures, and any other related healthcare costs.
  • Funeral and Burial Costs. The expenses associated with funeral services and burial or cremation can also be recovered. These are often immediate financial burdens that the victim’s family faces following their loss.
  • Loss of Income and Support. A significant component of damages in wrongful death cases is the loss of income and financial support the deceased would have provided to their family. This includes future earnings potential, benefits, and the value of the services they contributed to the household.
  • Loss of Consortium and Companionship. Families can seek compensation for the loss of love, companionship, comfort, and guidance the deceased provided. While these are non-economic damages and harder to quantify, they recognize the profound emotional impact of the loss on the family.
  • Pain and Suffering. If the deceased survived for a period after the incident before succumbing to their injuries, the estate could claim compensation for their pain and suffering during that time.

Navigating a premises liability wrongful death claim requires a thorough understanding of the legal landscape, the specifics of the incident, and the impact on the victim’s family. It is a complex process that involves gathering evidence, proving negligence, and quantifying damages.

Our team of Houston wrongful death legal professionals at Johnson Garcia are here to guide you through the process, advocate on your behalf, and help secure the compensation you deserve.

Who Is Qualified to File a Premises Liability Wrongful Death Claim?

If your loved one has tragically passed away due to an accident on someone else’s property, you might have the right to file the legal claim they could have pursued if they had survived. Under the Texas Survival Statute, the claim for negligence doesn’t end with the victim’s death. Instead, an heir or a designated representative can take up this claim. This opportunity allows you to seek compensation for the medical expenses, physical suffering, and emotional distress your loved one experienced from the accident until their passing. However, it’s important to note that claims for the deceased’s potential future earnings are not covered under this statute.

How Is Fault Established in Fatal Premises Liability Cases?

Pursuing a wrongful death or survival claim involves proving that the property owner or occupier’s negligence led to the tragic loss of your loved one. Negligence is essentially the failure to fulfill a legal responsibility to someone else. To establish negligence in these cases, it’s necessary to demonstrate that the owner or occupier owed a duty of care to your loved one and failed to meet this obligation.

In Texas, the law requires property owners and occupiers to maintain a safe environment for both invitees and licensees. Invitees are people allowed on the property for mutual benefit, like shoppers in a store, while licensees are those on the property for their own or someone else’s benefit, such as guests at a party. Property owners and occupiers must ensure their premises are safe, which includes identifying and fixing any hazards.

Are There Situations Where Property Owners May Be Exempt from Liability?

There are specific situations where a property owner or occupier might not be held responsible for compensating you for the loss of your loved one. These include scenarios where:

  • Trespassing Occurred. In Texas, property owners and occupiers generally aren’t liable for the deaths of trespassers, defined as anyone without explicit or implied permission to be on the property. While property owners cannot willfully injure trespassers or egregiously neglect property safety, they aren’t required to correct hidden dangers to safeguard unauthorized entrants. If it’s unclear whether your loved one had the right to be on the property when the accident happened, it’s crucial to consult with a seasoned premises liability lawyer quickly.
  • An Open or Obvious Danger Was Involved. Property owners or occupiers might not be liable if your loved one’s death was caused by a danger that was open and obvious. Such a condition is deemed open and obvious if it is visible and recognizable as potentially hazardous to any attentive adult, suggesting that it should be avoided.
  • Your Loved One Was Primarily at Fault. According to Texas’ modified comparative negligence rule, a property owner or occupier is not obligated to compensate for injuries if the person injured on their property was found to be 51 percent or more at fault for the incident leading to their injury.

Understanding these exemptions is crucial for navigating the complexities of premises liability claims effectively. Being aware of when a property owner or occupier might not be held responsible helps in shaping a strategic approach to your case. This is where Johnson Garcia comes in — our expertise prepares you for the various scenarios that could impact the outcome of your claim. Our team will analyze your case to tailor your legal strategy accordingly, fighting for a just and favorable resolution.

How Can the Wrongful Death Premises Liability Accident Lawyers at Johnson Garcia Help?

At Johnson Garcia, we bring more than 35 years of collective expertise to the table, specializing in wrongful death premises liability cases. We know how devastating it is to lose someone because of another’s oversight, and our team is here to offer not just legal expertise but genuine empathy and unwavering support. Our commitment to fighting for your rights reaches all the way to the courtroom if that’s what it takes to secure fair compensation and the acknowledgment your loved one’s loss deserves.

Our approach is thorough and compassionate. We’re here to listen, to understand every aspect of your case, and to explain your options clearly. With Johnson Garcia, you gain partners who are as committed to seeking justice as you are. We leverage our extensive experience to challenge those at fault effectively and secure the best possible outcome for you and your family.

If you’re facing the challenges of a wrongful death premises liability claim, don’t navigate this tough time alone. Reach out to Johnson Garcia by phone at 832-844-6700 or contact us online for a free consultation, where we’ll discuss how we can stand up for your loved one’s rights and help you move forward. Together, let’s take the steps towards healing and justice.

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