The phrase “premises liability” refers to a landowner’s legal obligation to mitigate the risk of injury to others who visit their premises and creates liability for any damages resulting from an injury that occurs on the property. The degree to which a landowner must protect others depends on the status of the person occupying the land.
If you recently suffered injuries while visiting someone else’s property due to the landowner’s failure to adequately maintain their premises, let one of our skilled personal injury attorneys help you seek financial compensation for your losses. Connect with our team to learn more about how an Austin premises liability lawyer can help you. En Español
Establishing Property Owner Liability in Austin
To recover damages from a landowner, a claimant must first establish that they acted unreasonably by proving the following elements:
- The owner had actual or constructive knowledge of the hazardous property condition
- The owner failed to exercise reasonable care to reduce or eliminate the risk of harm posed by the dangerous property condition
- The unattended property condition was the proximate cause of the claimant’s injuries and damages
The nature and scope of a property owner’s legal duty varies depending on whether they are an invitee, licensee, or trespasser. For example, an invitee has the owner’s invitation to enter the property as a member of the public for the parties’ mutual benefit and is therefore entitled to the highest degree of protection from the owner.
A licensee has permission to enter the property and may act of their own accord without supervision. An example of a licensee would be an electrician entering a premises to perform electrical maintenance. This type of visitor is entitled to some protection from property owners, such as being notified of known hazards before entering a premises.
A trespasser, on the other hand, has no right, authority, or permission to be on the property and is not subject to any protections from the landowner. A sophisticated attorney can assist an injured person by conducting the complex legal analysis necessary to effectively pursue their premises liability claim.
Common Types of Premises Liability Claims
Many premises liability cases in Austin share similar forms of property owner negligence. Some common examples of this include:
- Slip and fall incidents
- Poor maintenance
- Broken/defective stairs, elevator, or escalator
- Building code and fire safety violations
- Debris in walkways
- Inadequate or negligent security
- Insufficient or faulty lighting
Regardless of what kind of premises liability claim an injured party may have, they should work with a qualified Austin attorney to maximize their chances of success.
Discuss Your Claim with an Austin Premises Liability Attorney Today
Premises liability claims can be complex, arduous, and challenging to pursue without legal counsel. In addition to strict deadlines and complex legal analyses, pursuing a civil claim requires you to gather persuasive evidence of a property owner’s liability.
If you or a loved one were severely injured while on another’s poorly maintained property, you may recover compensation for your losses from the landowner by filing a civil claim. For assistance with pursuing your claim, get in touch with an Austin premises liability lawyer at our firm today.