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.
While some personal injuries can be clearly attributed to one party, others involve multiple people and entities. To address these situations, Texas has comparative fault rules in place that hold each party responsible for their proportionate share of fault for the accident.
This means that if you were in any way at fault for your slip and fall injuries, your compensation will be reduced accordingly. For example, if a court awards you $50,000 but finds that you were 40% to blame because you were too distracted by your phone to notice a significant spill on the floor, you would only receive $30,000. When a court finds that you are more than 50% responsible for the accident, you cannot recover compensation.
The comparative fault law also states that courts may further reduce damages if you settle with more than one party. As a result, damages will be reduced by the claimant’s percentage of responsibility. For example, if you fell and broke your arm in a spill at a shopping mall and the mall had contracted with another company to maintain the floors, both the mall and the contractor would be assigned a degree of blame and compensate you accordingly.
According to the Texas Civil Practice and Remedies Code section 16.003, you have exactly two years to file your personal injury claim in Texas. However, there are several exceptions to this rule, which can either extend or shorten the deadline for filing.
For example, if your injuries were caused by the negligence of a government agency or employee, there are special exceptions to the filing deadline rule. The deadline in these cases is much shorter, and you have only six months to file your personal injury claim or the claim may be barred.
Other special circumstances can also temporarily pause the clock or extend deadlines. Among these situations are:
An Austin premises liability lawyer can help you determine whether an exception exists and how it might affect your lawsuit.
Every premises liability accident is different, so averages never apply. You should contact a slip and fall lawyer to understand the true value of your case. Using their expertise, they can calculate the damages caused by a property owner’s negligence and determine the compensation you should seek.
Your slip and fall settlement amount generally depends on the degree of negligence of the party at fault, the severity and extent of your injuries, and the impact of the injuries on your future. You can claim current and future medical treatment costs, lost wages, loss of earning ability, property damage, and even pain and suffering. If you suffer a slip and fall in Austin, your premises liability lawyer at Villarreal & Begum, LAW GUNS, will aggressively seek maximum compensation for your injuries.
If you’ve been injured in an accident due to negligence of others, there are a few steps you should take to maximize your compensation. These steps will help you receive medical treatment, establish a record of the accident, and put yourself in a position to recover compensation.
Speak to an Austin Premises Liability Lawyer: Once a medical examination confirms that you’ve been injured and you’ll be facing medical bills and diminished or lost income, contact an Austin premises liability attorney who can investigate your accident, collect evidence of liability, and file a slip and fall claim on your behalf.
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.