Residential and commercial property owners are responsible for providing safe conditions for guests, customers, and other individuals. When they fail to do so, you can be injured, and as a result, you can hold these negligent property owners liable. However, taking the necessary legal steps to recover compensation can be difficult. This is why you may need to hire the services of a skilled Austin injury lawyer. At , we believe that you shouldn't be left to face the aftermath of a property owner's negligence on your own.
Whether you suffered injuries in a small store, a large restaurant, a hotel, an apartment complex, a theme park, or even at someone else's house, our Austin premises liability lawyers can help you pursue the fair recovery you are owed. With nearly 25 years in practice, we know how to navigate the claims filing process and are prepared to advocate for your rights aggressively.
Have you suffered a serious injury on someone else's property due to negligence? Call Howry, Breen & Herman, LLP today at (512) 430-4844 or contact us online to schedule a meeting with our premises liability attorney in Austin!
What is Premises Liability?
Premises liabilityrefers to the legal responsibility of property owners or occupiers to ensure the safety of individuals who enter their property. This liability means that property owners can be held legally accountable for injuries or damages that occur on their premises due to negligence or unsafe conditions.
Common types of premises liability cases include:
- Slip and Fall Accidents: These occur when someone slips, trips, or falls on someone else's property due to hazards such as wet floors, uneven surfaces, or inadequate lighting.
- Trip and Fall Accidents: Similar to slip and fall accidents, trip and fall accidents happen when someone trips over an obstacle or hazard on the premises, such as loose carpeting, uneven sidewalks, or debris.
- Inadequate Security: Property owners may be liable for injuries or damages resulting from criminal acts, such as assaults or robberies, if they fail to provide adequate security measures, such as proper lighting, surveillance cameras, or security personnel.
- Dog Bites: If a dog attacks and injures someone on the owner's property, the owner may be held liable for the damages under premises liability laws.
- Dangerous Conditions: Property owners have a duty to maintain their premises in a reasonably safe condition. Failure to address known hazards such as broken stairs, faulty handrails, or exposed wiring can result in liability for injuries caused by these dangerous conditions.
- Swimming Pool Accidents: Property owners with swimming pools must take measures to prevent accidents, such as installing fences, gates, and safety covers. They may be held liable for injuries or drownings that occur if they fail to do so.
- Elevator and Escalator Accidents: Property owners and managers are responsible for ensuring the safe operation and maintenance of elevators and escalators on their premises. They can be held liable for injuries caused by malfunctioning equipment or inadequate maintenance.
- Defective Conditions: Property owners may be liable for injuries caused by defective conditions on their premises, such as broken or malfunctioning equipment, furniture, or fixtures.
When are Property Owners Liable for Injuries in Texas?
According to Texas law, a property owner may be liable for injuries incurred on their premises when certain factors are present. To show that a property owner acted negligently, you must show that they failed to take reasonable precautions to protect individuals from getting hurt while on the premises. This includes instances in which the property owner knew of or should have known of a dangerous condition but did not take proper or timely measures to correct it.
You may be able to pursue a premises liability case if any of the following conditions led to your injuries:
- Uneven flooring
- Torn or ripped carpeting
- Slippery floors
- Unmarked hazards
- Inadequate signage
- Insufficient lighting
- Lack of security
- Dangerous construction
- Unsafe stairwells
- Lack of railings
- Inadequate barriers
- Lack of required fencing
- Poorly marked exits
- Unsafe swimming pools
These are just some examples of negligent conditions. There are a wide variety of factors that could result in injury. Our Austin slip and fall attorneys can investigate the circ*mstances surrounding your case and determine if property owner negligence played a role in your injuries.
What Damages Can I Recover in a Slip And Fall Case?
Slip and falls are perhaps the most common type of premises liability claim. While many people think slip and falls are not very serious, this is a misconception. A person who slips and falls due to unsafe conditions on someone else’s property may sustain severe, life-altering injuries, including broken bones, brain injuries, spinal cord injuries, and more.
Victims of other types of premises liability accidents, such as swimming pool or theme park accidents, can also suffer catastrophic injuries. In some cases, victims of unsafe premises are even killed due to property owner negligence.
Every case is different, and it is impossible to determine the exact amount you may be able to recover for your damages. However, many victims can seek compensation for:
- Medical expenses, both current and future
- Lost income and/or wages
- Lost or reduced earning capacity
- Pain and suffering
- Emotional and/or mental distress
In extreme cases, you may be able to pursue punitive damages if you can show that a property owner’s negligence was particularly egregious. If your loved one died due to property owner negligence, you might be able to recover compensation for funeral costs, loss of companionship, loss of expected earnings, and other damages.
Who is Responsible for Compensating You?
Property owners owe a duty of care to individuals who enter their premises. The level of care owed depends on the legal status of the visitor:
- Invitees: These are individuals who are invited onto the property for business purposes, such as customers or clients. Property owners owe invitees the highest duty of care and must maintain their premises in a reasonably safe condition.
- Licensees: These are individuals who have the property owner's permission to enter the premises for non-business purposes, such as social guests. Property owners owe licensees a duty to warn of any known dangers that are not obvious.
- Trespassers: Property owners generally owe a lower duty of care to trespassers, but they still cannot intentionally harm them and may have some responsibility for obvious dangers.
In most premises liability cases, the insurance company representing the proprietor is responsible for compensating a successful claimant. Insurance companies sell property owners various policies that can provide coverage for accidents on their property. For example, homeowners’ insurance that most people buy when purchasing a home often has clauses that explain how the policy can provide for bodily injury coverage after a visitor is hurt in the home.
Third parties could become responsible for compensating in a premises liability case if they were responsible for taking care of the property. For example, a handyman company could be liable for an injury if the company was hired to fix a banister, did a poor job, and someone fell off a balcony when it broke. Or a security company can be liable if it fails to prevent an assault on the property it was hired to monitor.
How Does Texas Shared Fault Laws Affect Your Compensation?
Under Texas comparative fault law, only those found to be less than 51% responsible for an accident are entitled to financial recovery. If a jury finds that you are more at fault for the accident than the defendant, you will most likely not be able to recover any compensation. For this reason, you must meet with an experienced attorney who knows how to handle these types of claims.
Contact Our Premises Liability Attorney Today
At Howry Breen & Herman, we understand that every situation is different. Because of this, we strive to provide the personalized, individual legal services you need. Our Austin premises liability attorneys take the time to understand each unique aspect of your situation, examining all applicable factors and conducting exhaustive investigative work. We make it our mission to hold liable parties accountable for your injuries, working to recover the full and fair compensation you are owed.
Contact today to schedule a FREE consultation with our Austin premises liability lawyer!
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