- Individuals entering another’s property have a right to safety; establishments must promptly address hazards like spills to prevent injuries.
- Premises liability includes injuries from slips, trips, dog bites, poor lighting, and other property-related negligence.
- Byrd Davis Alden & Henrichson, LLP, specializes in premises liability, helping victims establish fault, file claims, and recover economic and non-economic damages.
- Texas law offers compensation for tangible and intangible losses, with the potential for punitive damages in cases of gross negligence.
When you enter another person or entity’s premises as an invited guest or customer, you are entitled to a certain standard of care. For example, if you are currently dining at your favorite restaurant over the weekend and wine is spilled on the floor, it is up to the restaurant to quickly remedy the situation and ensure nobody slips, falls, and injures themselves due to the establishment’s negligence. Unfortunately, this does not always happen.
As Austin’s oldest and most established personal injury firm, Byrd Davis Alden & Henrichson, LLP, possesses the knowledge and compassion necessary to tackle even the most complex of premises liability cases, including yours. If you have fallen victim to a premises liability accident and are in need of representation and financial justice, look no further. Our Austin premises liability lawyers are prepared to handle all aspects of your claim while you finally allow yourself to concentrate on healing.
Understanding Premises Liability
Premises liability is a subsection of personal injury accidents that includes any injury as a direct result of negligence on another person, entity, or business’s property. Common examples of premises liability accidents include:
- Slip-and-falls
- Trip-and-falls
- Dog bites
- Lack of adequate security
- Roof collapses
- Swimming pool accidents
- Lack of proper lighting
- Elevator and escalator accidents
As a property owner, you have the responsibility to upkeep your property in a manner that is safe for all invited guests and, in some cases, uninvited guests. This means roping off any unsafe areas, such as cracked sidewalks or broken steps, until they are remedied and cleaning up any spills as quickly as reasonably possible.
How Austin Premises Liability Lawyer Can Help
Don’t try to navigate the aftermath of your accident alone, especially while actively recovering from your injuries. The premises liability attorneys in Austin are here to take the burden off your shoulders, handling the following:
Establishing Fault
Fault is determined through the four components of negligence: standard of care, breach of care, causation, and damages. The standard of care for a premises liability claim is to keep the property walkable and safe. A breach would be any failure to upkeep this condition, such as inadequate security. When this breach directly causes an accident and your injury, you can find that party liable for your damages and file a claim with their insurance.
To demonstrate negligence has occurred and had a direct impact on you, our team will immediately begin collecting time-sensitive information to use as evidence. For a premises liability accident, this can range anywhere from security camera footage, professional testimony, police reports, detailed medical records, or eyewitness accounts of the accident.
Filing Your Premises Liability Claim
Our premises liability lawyers in Austin will handle all aspects of the claim process for you. This begins with filing, which must be done within the two-year statute of limitations deadline. This date begins the day of the accident, though there are certain exceptions that our team can help elaborate on if applicable to your case. From this point, we also handle all communications and correspondence with the insurance company.
This includes all negotiations revolving around your settlement offer. It is important to note the insurance company is not your friend. If they reach out immediately after your accident with a settlement offer, it can be tempting to accept, but it likely will not adequately cover the full extent of your losses. This offer is their attempt at sweeping your case under the rug and doing so while paying you the least amount of money possible. If a worthy agreement cannot be reached, we are prepared to defend your future in court.
Fighting for the Compensation You Deserve
Texas currently offers economic and non-economic damages for victims of personal injury claims. This is coverage for your tangible losses, like medical bills, and your intangible losses, like pain and suffering. We will fight for you to recover the fullest extent of compensation available, including coverage for the following potential losses:
- Past, present, and future doctors’ visits and hospital stays
- Any required rehabilitative or physical therapy
- Cost of prescription medications
- Scarring or disfigurement
- Lost wages due to the inability to accept job offers or continue your regular scope of work
- Emotional trauma, such as loss of enjoyment of life
If your accident is the result of gross negligence or a wanton disregard for your safety, your Austin premises liability attorney may also help you recover punitive damages. These are not calculated based on your injuries but instead act as a fee for the liable party.
Contact Our Premises Liability Lawyer in Austin for Free Consultation
If you’ve been injured due to unsafe conditions on someone else’s property in Texas, understanding your rights and the path forward can be complex. However, with knowledgeable guidance, you can confidently seek the justice and compensation you deserve. At Byrd Davis Alden & Henrichson, LLP, we specialize in premises liability cases and recognize the challenges that come with them.
We have a long-standing history of representing victims, ensuring they are adequately compensated for their pain and suffering caused by property owner negligence. It’s time to advocate for your rights and well-being. Connect with a devoted Austin personal injury lawyer to discuss your case in a free consultation. Please use our contact form or call us at (512) 454-3751.
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