Austin Premises Liability Lawyers
Injured by a Dangerous Condition on Someone Else's Property in Austin, TX?
We expect the buildings we enter on a daily basis to be secure and safe, so as not to put us in a dangerous position. Unfortunately, this is not always the case. Because property owners do not always maintain their premises as they should, innocent patrons and visitors are subject to serious accidents and injuries on poorly maintained properties.
Owners who fail to keep their properties safe for individuals who live visit them should be held responsible when their actions (or lack thereof) cause undue harm and suffering. To learn how you may be able to hold negligent property owners financially accountable for your injuries and losses after an accident, call an Austin premises liability attorney at the today.
To schedule a free case evaluation at our office, contact us today at (254) 938-6885.
What is Premises Liability?
Premises liability in Texas refers to the legal responsibility a property owner or occupier has for injuries that occur on their property due to unsafe or hazardous conditions. These cases are a type of personal injury claim and typically arise when someone is injured due to things like slips and falls, unsafe structures, poor lighting, or unmarked hazards.
Types of Visitors
Texas law distinguishes between different types of visitors, and the duty owed to each varies:
- Invitee – A person invited onto the property for the benefit of the owner (e.g., a customer in a store). The highest duty of care is owed.
- Licensee – A person on the property with permission but for their own purpose (e.g., a social guest). A moderate duty of care is owed.
- Trespasser – A person who enters without permission. Generally, the least duty of care is owed, though owners cannot willfully harm them.
Elements of a Premises Liability Claim in Texas
To succeed in a premises liability claim, a plaintiff must prove the following elements:
- A Dangerous Condition Existed: There was an unreasonably dangerous condition on the property.
- Knowledge of the Condition: The property owner or occupier knew or should have known about the dangerous condition.
- Failure to Warn or Remedy: The owner failed to either fix the condition or provide adequate warning about the condition.
- Causation: The dangerous condition was the proximate cause of the injury.
- Damages: The plaintiff suffered actual injuries or losses as a result.
For an invitee, you must also prove that the owner failed to exercise ordinary care to keep the premises reasonably safe.
Types of Premises Liability Cases We Handle
At the Law Offices of Vic Feazell, P.C., our Austin premises liability attorneys have devoted ourselves to helping accident victims who’ve suffered undue harm in any of the following types of accidents:
- Slip and falls
- Elevator and escalator injuries
- Porch collapses
- Stair collapses
- Fire accidents
- Lead paint poisoning
- Mercury poisoning
- Swimming pool injuries
Sadly, when a person is harmed in these and other property accidents, they may suffer serious physical and emotional damage. They can also accrue hefty financial burdens as a result of medical bills, lost wages, and other expenses.
Austin Premises Liability Claim FAQs
Can a property owner be held responsible if the hazard wasn’t obvious?
Yes, under Texas law, if the property owner should have reasonably known about the hazard, even if it wasn’t obvious to the average person, they could be held liable. For example, if a property owner fails to inspect their property regularly, they might be responsible for hidden dangers like uneven flooring.
Do I need to prove that the property owner caused the accident?
No, you do not need to prove that the property owner caused the accident, but you must prove that they were negligent in maintaining the property. This could include failing to fix a known hazard or failing to provide adequate warnings.
Can I file a premises liability lawsuit if the injury happened at a friend’s house?
It depends on the circumstances. In Texas, property owners owe a duty of care to their guests (licensees). If the injury occurred due to unsafe conditions that the homeowner knew about or should have known about, you might have grounds for a premises liability lawsuit.
Can tenants sue landlords for premises liability in Texas?
Yes. Tenants can file premises liability claims against landlords for injuries caused by hazards that were the landlord’s responsibility to maintain (e.g., broken handrails, mold, inadequate lighting). However, tenants generally cannot sue for hazards they were aware of or could have reasonably avoided.
Does Austin have specific laws related to premises liability?
Austin, like the rest of Texas, follows general premises liability laws but may have specific city ordinances regarding things like building codes, maintenance requirements, and safety measures for properties open to the public. For example, Austin may have additional regulations for public parks, recreational areas, or city-maintained sidewalks.
Can I still file a claim if I was partially responsible for my injury?
Yes, Texas follows a comparative fault rule, which means your damages will be reduced by the percentage of fault attributed to you. For example, if you were 20% responsible for the accident, you would receive 80% of the total damages awarded.
How does the statute of limitations affect my premises liability case in Austin?
In Texas, you generally have two years from the date of the accident to file a premises liability lawsuit. If you miss this deadline, you might lose your right to sue for damages.
Let Our Firm Fight for Your Compensation
Our Austin premises liability attorneys at the Law Offices of Vic Feazell, P.C., believe victims of accidents caused by a property owner’s negligence should not have to shoulder the financial burden of their injuries and losses. We fight diligently to obtain compensation for individuals who have been harmed by a negligent property owner.
Call us at (254) 938-6885 to find out how we may be able to help you obtain maximum compensation for your pain and suffering.
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