Premises Liability Attorney Austin
Helping Individuals who Sustained Injuries in an Austin Premises Accident
If you sustain injuries while you are on someone else’s property, the property owner or occupier could be held responsible. This is true if the accident resulted from unsafe conditions or hazards on the property or because of negligence. Proving that a property owner is responsible for premises injuries can sometimes be difficult. This is because property owners must not only have knowledge of a defective condition or hazard on their premises, but they must also have ample time to warn of the hazard or repair it.
Premises accidents can occur both indoors and outdoors. They may happen in a public place or at a private residence. If you have sustained serious injuries on someone else’s property, you may be able to file a personal injury claim for negligence. The skilled Austin personal injury attorneys at the Law Offices of George Salinas can review the circumstances of your accident and may be able to take the appropriate legal action on your behalf.
Statute of Limitations in an Austin Premises Liability Case
The first thing to understand about premises liability claims and lawsuits is probably the most important. Any claims arising out of personal injuries – including premises liability cases – must be filed within two years of the date of sustaining your injury. If a personal injury claim or lawsuit is not filed within that time period, absent some narrow exceptions, the premises accident victim will be precluded from ever filing a claim or lawsuit for damages.
Our Austin premises liability attorneys can ensure that a personal injury claim or lawsuit is properly and timely filed and that all responsible parties are named.
Possible Bases for an Austin Premises Liability Case
Visitors enter others’ property with the expectation that the property will be safe and well maintained. This is especially true when customers enter a business property, such as a store, shopping mall, or another place that is open to the public.
Store patrons and shoppers are business invitees. Since they are present on the premises to benefit the owner of the property, they are owed the highest duty of care.
Property owners and managers are responsible for the upkeep of their properties. They are also responsible for keeping their properties safe from all reasonably foreseeable hazards and dangers. Premises liability claims and lawsuits can arise from any one of the following:
- Slip and falls
- Poorly maintaining the property and surrounding areas
- Worn, broken, or defective conditions on the property
- Inadequate security on or around the property (e.g., leading to assaults, attacks, or other injuries)
- Escalator accidents
- Swimming pool or jacuzzi accidents
- Elevator accidents
- Dog attacks on the premises
Property owners are not the only individuals who can be held liable in an Austin premises liability case. Other potentially responsible parties include landlords, property managers, and building managers. The personal injury lawyers at the Law Offices of George Salinas can review the facts of your case and determine whether or not you may have a valid claim for premises liability.
Proving Fault in a Premises Liability Case
Injured accident victims have the burden of proving fault in a premises liability case. In order to show fault on the part of the property owner, the accident victim must be able to demonstrate that:
- A hazardous or dangerous condition actually existed on the property – and that the property was owned by someone else
- The hazardous or dangerous condition brought about a serious injury or set of injuries to the accident victim
- The premises owner, operator, or manager either created the condition, knew about the defective condition, or should have been in a position to know about the defective condition
- The premises owner, operator, or manager did not take the appropriate action to remedy the condition – or to at least warn about the condition – before the accident and injuries occurred
You should call an experienced lawyer you can trust to help you satisfy all of the legal elements of proof in your premises liability case.
Injuries Sustained in Premises Liability Accident Cases
Accidents that occur on someone else’s premises can result in serious injuries and damages. In some cases, the injury may be a soft tissue injury or muscle contusion. However, in slip and fall cases, more serious injuries can result, including spinal cord injuries, paralysis injuries, and traumatic brain injuries (TBIs). When accident victims sustain injuries, they likely incur expensive medical bills and are forced to miss time from work to attend their medical and physical therapy appointments.
In some accident cases, the injuries sustained can result in permanent impairment and can cause pain and suffering for many years into the future. The accident victim may also have to undergo a medical procedure, such as a surgery, in order to fully recover from the injuries sustained. Available damages in Austin premises liability cases include:
- Payment of all related surgical, medical, and treatment bills
- Lost wage compensation for all time missed from work
- Damages for conscious pain and suffering following the injury or injuries
- Compensation for lost earning capacity or permanent inability to work
- Compensation for psychological or psychiatric harm
- Damages for loss of spousal companionship or consortium
- Compensation for loss of the use of a body part
- Damages for lost enjoyment or quality of life due to the injuries sustained
Call an Austin Premises Liability Attorney Today for a Free Consultation and Case Evaluation
No one goes onto someone else’s property with the expectation of being injured. However, premises liability injuries can and sometimes do occur. When they do, you need legal representation in your corner throughout your personal injury case. The compassionate premises liability attorneys at the Law Offices of George Salinas will take the time to discuss every aspect of your personal injury case with you, answer all of your questions, and formulate a plan for moving forward with your case.
To schedule a free consultation and case evaluation with an Austin premises liability attorney, please call us today at (512) 851-1004, or contact us online.