Getting injured in an accident can be difficult. When it happens on someone’s property, they might have violated their duty of care to you as a customer or a visitor.
When your injury comes from a slip-and-fall or a similar accident on private property, an Austin premises liability lawyer can help you understand if you have a personal injury case for collecting damages.
Understanding the Standard for Austin Premises Liability
Premises liability is the area of Austin personal injury law that allows accident victims to recover damages for their injuries on private property. These properties could be residential or commercial, but the standard could change depending on the victim’s relationship to the owner.
In order for premises liability to be applied, the following must be established:
There is a legal duty owed by the defendant to the plaintiff. This duty changes based on your status when visiting a property. An owner generally has to inform invitees or licensees—for example, shoppers in a store—of any hazards on their property, or take steps to correct them, in order to ensure their safety. This duty is lesser for trespassers.
There was a breach of that duty. If an owner fails to inform you of hazards they know about—or reasonably could have known about, for invitees—then there was a breach of duty.
Damages were caused by that breach of duty. If your injuries can be directly connected to the breach of duty, you may have a case.
This all means that property owners are obligated to take certain actions to ensure the safety of visitors to their property and that a failure to do so that leads to injury could make them liable in a civil lawsuit.
An example of a case might be a slip-and-fall in the produce aisle at an Austin grocery store, in which a wet floor sign was not set out, and the company didn’t take action to warn customers about a hazard of which it should have been aware.
In some cases, a property owner might even owe a duty of care to a child that is trespassing on their property. The attractive nuisance provision means that a property owner can be held liable for hazards—such as swimming pool—on their property that might attract children if they don’t take reasonable precautions to warn of the danger.
Recovering Damages for Your Austin Premises Liability Claim
If you’ve been injured in an accident in Austin, you might be worried about making ends meet while you focus on recovery. A premises liability claim can help you recover damages for things like medical bills, lost wages, emotional trauma, or even pain and suffering. The deadline for filing a personal injury claim in Texas is two years, however, so most victims elect to take action as soon as possible.
Talk to an Austin Premises Liability Attorney Today
Premises liability claims are often paid out by insurance companies—so negotiation will be vital if you’re going to receive a maximum settlement for your injuries. Gibbs & Crivelli, Slingshot Law knows how to battle the insurance giants. When you’ve only got one shot—make it a Slingshot.
Ready to speak to an Austin premises liability lawyer from our firm? Call 800-488-7840 to schedule a no-obligation consultation.
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