When you enter another person’s property as a guest or customer, you are entitled to a certain standard of care. Property owners owe visitors reasonable care to maintain safe premises. 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, when a property owner fails to address dangerous conditions, serious injury can occur.
As Austin’s oldest and most established personal injury law 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 need representation and financial justice to seek compensation, look no further. Our Austin premises liability lawyers are prepared to handle all aspects of your Austin premises liability claim while you finally allow yourself to concentrate on healing.
Understanding Premises Liability Laws in Texas
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. Under Texas premises liability laws, property owners owe different duties depending on a visitor’s legal status. Common examples of fall accidents and other premises liability incidents include:
Slip and fall accidents on wet or uneven surfaces
Trip-and-falls due to dangerous conditions
Dog bites and animal attacks
Negligent security leading to assault or robbery
Roof collapses, causing serious injury
Swimming pool accidents and drownings
Lack of proper lighting causes fall injuries
Elevator and escalator accidents
Negligent maintenance of walkways and stairs
As a property owner, you have the responsibility to upkeep your property in a manner that is safe for all guests and, in some cases, uninvited guests under the attractive nuisance doctrine. This means roping off any unsafe areas, such as cracked sidewalks or broken steps that could cause slip and fall injuries, until they are remedied, and cleaning up any spills as quickly as reasonably possible.
How an Experienced Attorney Can Help After An Accident
Don’t try to navigate the aftermath of your accident alone, especially while actively recovering from serious injury. The premises liability attorneys in Austin are here to take the burden off your shoulders, helping injured parties recover compensation by handling the following:
Establishing Fault and Proving Negligence
Fault is determined through the four components of negligence: standard of care, breach of care, causation, and damages. Property owners owe a standard of care to keep the property walkable and safe. A breach would be any failure to uphold this condition, such as negligent security or when an owner failed to address known hazards. When this breach directly causes fall accidents and your injury, especially if the property owner knew or should have known about the danger, you can find that negligent property owner liable for your damages and file a premises liability lawsuit with their insurance.
To demonstrate that negligence has occurred and had a direct impact on you, our law firm will immediately collect evidence and time-sensitive information. For an Austin premises liability claim, this can include:
Security camera footage showing dangerous conditions
Professional testimony about premises liability laws
Police reports documenting the incident
Detailed medical records showing medical expenses and treatment
Eyewitness accounts of slip and fall accidents
Maintenance records showing the owner failed to make repairs
Photos of hazards that caused fall accidents
Filing Your Premises Liability Lawsuit
Our premises liability lawyers in Austin will handle all aspects of the claim process for injured clients. This begins with determining if you have a valid claim and filing within the two-year statute of limitations deadline. This date begins the day of the accident, though there are certain exceptions our experienced attorney team can help elaborate on if applicable to your case. From this point, we also handle all communications and correspondence with the insurance company to seek compensation for your injuries.
This includes all negotiations revolving around your fair settlement offer. It is important to note that the insurance company is not your friend. If they reach out immediately after your accident with a settlement offer, especially after serious injury, it can be tempting to accept, but it likely will not adequately cover the full extent of your losses, including lost income and medical expenses. 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 for maximum compensation, we are prepared to defend your future in court through a premises liability lawsuit.
Fighting for Fair Compensation You Deserve
Texas currently offers economic and non-economic damages for victims of injury claims under liability laws. This is coverage for your tangible losses, like medical expenses, and your intangible losses, like pain and suffering from slip and fall incidents. We will fight for you to recover compensation for the fullest extent available, including coverage for the following potential losses:
Economic Damages:
Past, present, and future medical expenses and hospital stays
Lost income from missed work during recovery
Future lost income if unable to return to previous employment
Cost of prescription medications and medical equipment
Any required rehabilitative or physical therapy after fall injuries
Property damage from the incident
Non-Economic Damages:
Pain and suffering from serious injury, like broken bones or spinal cord injuries
Scarring or disfigurement
Emotional trauma and mental anguish
Loss of enjoyment of life
Loss of consortium in wrongful death cases
Understanding How Much Compensation You May Receive
The amount of compensation depends on various factors, including the severity of injuries (from minor injuries to catastrophic harm), the degree of the negligent property owner’s fault, and whether you were partially responsible for your own injuries. Our law firm works to secure maximum compensation even in complex cases.
If your accident resulted from gross negligence or a wanton disregard for safety, such as when an owner failed to fix known dangerous conditions repeatedly, your Austin premises liability attorney may also help you recover punitive damages. These are not calculated based on your injuries suffered but instead act as a penalty for the responsible party.
Common Types of Cases We Handle
Our experienced attorney team has successfully represented injured parties in various fall accidents throughout Austin, including:
Retail Store Accidents
When store owners fail to maintain safe premises, customers can suffer slip and fall injuries from:
Wet floors without warning signs
Cluttered aisles create dangerous conditions
Poor lighting in parking lots
Broken stairs or escalators
Restaurant and Bar Liability
Food service establishments where the property owner fails to maintain safety often see:
Slip and fall accidents from spilled drinks
Fall injuries from uneven flooring
Negligent security in parking areas
Inadequate lighting causing trips
Apartment Complex Injuries
Rental property owners owe tenants safe living conditions. Common issues include:
Negligent maintenance of common areas
Broken handrails causing fall accidents
Dangerous conditions in stairwells
Negligent security leading to criminal acts
What to Do After a Premises Liability Accident
If you’ve suffered a serious injury on someone’s property, taking the right steps protects your ability to seek compensation:
Seek immediate medical attention for all injuries, even seemingly minor injuries
Report the incident to the property owner or manager
Collect evidence: Take photos of dangerous conditions that caused your slip and fall
Get contact information from witnesses
Keep all medical records and receipts for medical expenses
Document lost income from missed work
Contact an experienced attorney before speaking with insurance companies
Don’t admit fault or downplay your own injuries
Understanding Your Rights Under Texas Premises Liability Laws
Premises liability laws in Texas recognize different duties owed based on your legal status on the property:
Invitees
Business visitors and customers receive the highest protection. Property owners owe them a duty to inspect for and remedy dangerous conditions or provide adequate warnings about slip and fall hazards.
Licensees
Social guests are owed a duty to warn about known dangerous conditions that aren’t obvious. The owner failed in their duty if they don’t warn about hazards they’re aware of.
Trespassers
Even uninvited visitors may have rights if injured, especially children under the attractive nuisance doctrine. Property owners owe a duty not to cause intentional harm.
Proving Negligence in Your Case
Successfully proving negligence requires demonstrating:
The negligent property owner had a duty of reasonable care
The owner breached this duty when they failed to prevent accidents
This breach directly caused your slip and fall or other accident
You suffered actual damages like medical expenses and lost income
Our law firm investigates whether the property owner knew or should have known about the hazard and had a reasonable time to address it before your fall injuries occurred.
Recovering from Catastrophic Injuries
Some premises liability accidents result in life-altering harm requiring extensive medical treatment and long-term care:
Spinal Cord Injuries
Accidents can cause paralysis or limited mobility, requiring lifetime care and substantial future lost income compensation.
Traumatic Brain Injuries
Incidents causing head trauma may result in cognitive impairment, personality changes, and inability to work, justifying significant compensation.
Broken Bones and Fractures
While sometimes considered less severe, complex fractures from fall injuries can require surgery, extended recovery, and lead to chronic pain or arthritis.
Wrongful Death Claims
When dangerous conditions or negligent security lead to fatal injuries, surviving family members can pursue wrongful death claims for their losses.
Why Choose Our Law Firm
At Byrd Davis Alden & Henrichson, LLP, we understand the challenges injured clients face after premises liability accidents. Our approach includes:
No attorney-client relationship fees unless we win your case
Thorough investigation to prove negligence effectively
Aggressive negotiation for fair settlement amounts
Trial preparation when insurers won’t offer fair compensation
Compassionate support throughout your recovery
We’ve helped countless injured parties recover compensation after property owners failed in their duties. Whether you’ve suffered minor injuries or catastrophic harm, we fight for maximum compensation to cover all your losses.
Contact Our Premises Liability Lawyer in Austin for a 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 from an experienced attorney, you can confidently seek the compensation and justice you deserve. At Byrd Davis Alden & Henrichson, LLP, we specialize in premises liability Austin cases and recognize the challenges that come with them.
We have a long-standing history of representing victims, ensuring they receive fair compensation for their pain and suffering caused by negligent property owner actions. Whether you’re dealing with medical expenses, lost income, or long-term disabilities from serious injury, it’s time to advocate for your rights and well-being. Connect with a devoted Austin personal injury lawyer to discuss your valid claim in a free consultation. Please use our contact form or call us at (512) 454-3751.