Under premises liability laws, property owners are required to keep their premises safe. If a property owner fails to do so, and someone gets hurt, they may be held liable for their actions or inactions that lead to the injury. We at the Villarreal & Begum, LAW GUNS are committed to helping victims who have suffered serious injuries in accidents on the property of others due to negligence. Contact our Austin personal injury attorneys as soon as possible to schedule a free consultation and see how we can help you.
It is important to note that your legal status on a property will determine the owner’s level of liability when you suffer an injury.
An individual who has the owner’s consent to be on a property, typically for a business transaction. For example, a customer at a restaurant or retail establishment. Invitees are owed the highest duty of care under the law. Reasonable steps must be taken by the owner to maintain the grounds, inspect for hidden dangers, and warn of any potential hazards.
Those who are allowed on another’s property with the owner’s actual or implied permission. Licensees are typically family members, friends, or someone who needs to inspect the property, such as a meter reader. The property owner’s duty of care towards licensees is lower. However, they must still correct any known safety issues and warn of potentially dangerous conditions on the premises.
A person who unlawfully enters a property or remains on it after being asked to leave. Property owners typically do not owe a duty of reasonable care to trespassers. Unless it is a minor child who was curious or wandered onto the grounds.
Premises liability cases hinge on the concept of negligence. Accidents do happen, but there are certain types of dangers that a reasonable person should be aware of. To prove negligence on behalf of the owner, the following elements must be present:
The key to a successful premises liability claim lies in prompt investigations. Our lawyers will act swiftly to ensure vital evidence that uncovers the reckless or negligent actions of a property owner is preserved.
The potential damages that may be recovered in an Austin premises liability claim include:
Under Texas law, if you are found to be more than 50 percent at fault for an injury accident, you are barred from receiving any amount of compensation. If you are 50 percent or less at fault, you can still pursue damages. Your award, however, will be reduced in proportion to your degree of fault.
Premises liability cases can be especially complex depending on the circumstances of the injury. If you or someone you love has been hurt on another party’s property, please call us today at (512) 800-0000 or contact us online to schedule a free consultation and learn your legal options.