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Austin Premises Liability Lawyer

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.

Why Choose Us for Premises Liability?

  • We are dedicated solely to personal injury cases, and helping people in Austin, who have been hurt through no fault of their own.
  • Our attorneys have a 99% success rate and have secured over $500 million in compensation for our clients.
  • We represent all premises liability victims on a contingency fee basis, which means you do not have to pay us anything, unless we win your case.

Determining Your Status on a Property

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. 

Proving Negligence

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: 

  • Duty: the owner owed you a duty of care to keep the premises reasonably safe, as your legal status on the property was either as an invitee or licensee. 
  • Breach: the property owner knew of an existing hazard, or should have known, and did not attempt to fix the issue or warn visitors. 
  • Causation: the hazard on the property was the direct cause of your injury. 
  • Damages: you suffered actual losses as a result of the injury.  

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.  

Damages in Premises Liability Cases

The potential damages that may be recovered in an Austin premises liability claim include:

  • Medical expenses (past and future)
  • Lost wages (past and future as well as impaired earning capacity)
  • Scarring and disfigurement
  • Loss of consortium
  • Pain and suffering (physical and emotional)
  • Mental anguish
  • Punitive damages (if the at-fault party’s conduct was malicious)

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.

What are the Texas Comparative Negligence Laws?

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.

How Long Do I Have to File a Premises Liability Claim in Texas?

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:

  • When a minor is injured, the statute of limitations does not begin to run until the victim turns 18.
  • When a defendant leaves the state before you can file a lawsuit, the statute of limitations can extend beyond the two-year mark.
  • When a plaintiff’s mental or physical impairment prevents them from bringing the personal injury suit within the two-year deadline, the clock may begin tolling when they regain capacity.

An Austin premises liability lawyer can help you determine whether an exception exists and how it might affect your lawsuit.

What is My Premises Liability Claim Worth?

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.

What Should I Do if I Fall and are Injured in Austin, TX?

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.

  • Take Pictures: Use your smartphone to take pictures of the spill or other hazards that caused you to slip and fall. Photographs can play a crucial role in determining whether the owner is responsible for the harm and loss you sustained.
  • Get the Contact Information of Any Witnesses: Witnesses can play a critical role in proving the property owner’s legal responsibility. They can attest to the negligence that caused your injuries.
  • Alert the Manager: Tell the manager or staff person in charge about your accident. They will likely complete a report; make sure you request a copy before you leave the premises.
  • Seek Medical Attention: If you are seriously injured, ask a manager or staff member to call the ambulance. If not, seek medical attention immediately at an emergency room or doctor’s office. You should do this even if you don’t feel injured. Get a complete record of your injuries and what the doctors found. Injured people need objective medical documentation to prove their injuries and bills for treatment. 

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.

Contact an Austin Premises Liability Lawyer

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.