Understanding Premises Liability and Slip and Fall Accidents
The world is full of dangers and hazards that can lead to severe injuries or death. Some of them are unavoidable. Other dangerous conditions, however, are the direct result of property owners who fail to maintain their premises in a reasonably safe condition or disregard hazards that they knew or should have known about yet didn’t fix. Slip and fall accidents are probably the most well-known types of premises injury accidents.
Not every accident or injury that happens on someone else’s property can be the basis of a lawsuit for compensation. But Texas law imposes specific duties on landowners and those responsible for the upkeep and maintenance of property that can make them liable for many injury-causing incidents on their property.
That law is based on the legal principle called “premises liability.” In Texas, premises liability law is complicated, and proving negligence and establishing the duty of care in these cases involves a great deal more than just showing that a plaintiff was hurt while on the defendant’s property. A hazard that may be the basis of liability under one set of circumstances may not support a claim in other cases.
In premises liability cases, more than just the property owner’s conduct is at issue; the injury victim’s identity and the circumstances around how and why he or she was on the premises when injured will play a significant role in determining whether an injury victim will receive compensation for his or her losses. Understanding how fault is assessed is important, as victims may still be able to recover damages even if they were partly at fault for the incident.
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THE RIGHT LAWYER CAN MAKE ALL THE DIFFERENCE NARBY COMPLEX PREMISES LIABILITY CASES NEAR AUSTIN
Your choice of a premises liability lawyer will also make a critical difference as to the success of your claim and whether you see money in your pocket. At Sandoval & James, we have extensive experience with all types of premises liability cases and have an in-depth understanding of the nuances of this area of law. Our attorneys provide advocacy backed by trial experience and settlement expertise. But legal knowledge alone won’t get you the compensation you deserve. You need lawyers who are fully committed to your well-being; lawyers who will stand up to insurance companies and be relentless in their efforts on your behalf. Our team offers one-on-one consultation and thorough investigation aimed at securing the compensation you need. That is what you can expect from the attorneys at Sandoval & James, your trusted premises liability lawyer near you.
We work on a contingency fee basis, meaning there are no upfront fees. Clients receive a confidential case evaluation at no initial cost. Our bilingual attorneys are available to provide assistance, including flexible scheduling and home or hospital visits for those who cannot travel.
RESPONSIBILITIES OF TEXAS PROPERTY OWNERS NEAR AUSTIN
While Texas property owners are not necessarily responsible for every injury that occurs on their land, they can be liable for damages that resulted from their breach of duty to injury victims. The nature of the duty owed by a property owner depends on the reason that the visitor was on the property, whether the person was on the property with the owner’s consent, or whether the property was open to visitors and customers for a business purpose. A hazard can exist when an owner fails to adequately inspect, repair, or maintain unsafe conditions on their premises.
Under Texas law, a property owner has the following obligations to the following types of individuals:
- For a trespasser, a person who is on the property without the owner’s consent - the owner is only liable for damages or injuries he or she causes willfully or intentionally. A burglar won’t be able to recover damages because he or she slipped on a spill in the kitchen, for example.
- A licensee is someone the owner has invited onto the premises for a non-business or commercial purpose, such as a social guest. Owners owe licensees a duty to warn them of hazards on the property that create an unreasonable risk of harm if the property owner is aware of the condition and it is unlikely to be discovered by the licensee. In these situations, property owners are generally expected to address foreseeable risks to prevent injury.
- An invitee is typically a customer, client, or visitor at a store or business - and if the owner failed to use reasonable care to protect against hazards that he or she knew or should have known about, the owner could be held liable for any injuries that result from such a danger. Commercial property owners are typically held to safety standards that include regular inspections to help ensure patron safety.
Why It’s Important to Find Texas Premises Liability Lawyers Near You
Many victims often have questions about how to prove a case or what evidence is necessary after an accident. Having the right legal representation can help you navigate the personal injury litigation process and protect your rights.
Our firm investigates accidents by reviewing documentation such as witness statements and medical records. We can handle various aspects of the claim, including communication with insurance companies and calculating potential damages for medical bills and lost wages.
Because we work on a contingency basis, clients can receive legal guidance without the burden of upfront costs. This allows us to focus on negotiating with insurers to seek a fair resolution for your injuries.
Victims can seek compensation for medical expenses, future treatment, and disability. The process of calculating these damages generally considers both economic and non-economic losses to help maximize one’s potential recovery.
Texas law typically sets time limits for filing claims, which makes it important to seek advice promptly. This is referred to as the statute of limitations, and for premises liability cases in Texas, it is generally two years from the date of injury. Whether through settlement negotiations or trial, attorneys work promptly to hold responsible parties accountable and get clients the compensation they deserve.
In Texas, being partly at fault doesn’t mean you lose your right to a settlement. Even if you were partly at fault for an accident, you may still be able to pursue a claim under Texas law (Civil Practice and Remedies Code § 33.001) . Experienced attorneys can assist with insurance claims and modified comparative fault even in complex situations involving government or commercial property.
Documenting medical treatment is an important part of any claim. Our team works to gather the necessary evidence to establish the cause of the injury and the negligence of the property owner while you focus on your recovery.
WHY IT'S IMPORTANT TO FIND THE BEST TEXAS PREMISES LIABILITY LAWYERS NEAR YOU
No matter how or where you were injured, you owe it to yourself to explore the possibility that the losses and costs you’ve incurred and the pain you’ve endured are someone else’s responsibility. Help is nearby when you meet with an Austin premises liability lawyer to discuss your potential premises liability claim. We will evaluate your situation, answer your questions, and discuss your options for recovery. If you have a viable claim, we use our experience to seek the compensation you deserve.
To arrange for your free initial consultation, please call today at 512-382-7707 or contact us here. Sandoval James offers expertise across various practice areas, including Product Liability, Slip and fall, Work injuries, Car Accidents, and more. Please feel free to review our comprehensive list of practice areas.
CASE STUDIES
Austin Premises Liability Settlement Amounts in Texas
$252,500
Gross Settlement | Premises Liability - Slip and Fall Accident
Expenses: $26,789.30
Net to Client: $104,315.70
Client was a business patron at a restaurant. While exiting the restaurant, she fell while descending steps in the front of the establishment. Defendant failed to maintain the condition of the steps rendering them unreasonably dangerous, causing our client to fall. As a result of the fall, she suffered severe injuries to her head and brain, fractures to the face, a broken arm, and other injuries to her body generally. Sandoval & James successfully resolved the case during mediation.
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