AUSTIN PREMISES LIABILITY LAWYERS

Property Owner Duties & Visitor Rights in Texas

The outcome of a premises liability case relies greatly on your classification while present on the property. Property owners owe different levels of responsibilities toward the safety of visitors depending on the type of visitor.

The law classifies visitors on premises as one of three types:

1. An Invitee: An invitee is someone whom the property owner has invited to the property for business reasons. This would be the case for a retail store, bank, or another such establishment. Property owners owe the highest standards of care to invitees, and they must ensure that their properties are free from known hazards. They must also reasonably inspect for, discover, and remedy unknown hazards.
2. A Licensee: Those who enter a property for social purposes, such as friends and family members, are licensees. Property owners must ensure safe premises conditions for licensees, repairing any known dangers and warning visitors of hazards that they have not yet fixed. However, property owners do not legally have to inspect and repair unknown hazards for licensees.
3. A Trespasser: A trespasser is not authorized to be on a property, and the property owner does not owe him or her any standards of care other than not willfully injuring the trespasser. If an owner knows the trespasser is a frequent visitor to the property, the courts may make the owner responsible for damages in certain types of situations. If the trespasser is a child, the property owner has a duty to ensure the property is safe in the event of an interloping child who does not know better than to trespass on private property.

The courts will assess what category you fall into depending on the circumstances of your visit to the property and decide your case based on the duties the property owner owed you at the time of the accident.

Premises Liability Cases We Handle

It is important to note that just because you sustained an injury on someone else’s property does not mean you immediately have a premises liability case. You have a burden of proof to show that the property owner’s negligence significantly contributed to your accident. Consult a premises liability lawyer in Austin to discuss your injury and find out if you likely have a case.

Our attorneys at Briggle & Polan, PLLC handle all types of premises liability cases, including:

• Slips, trips, and falls
• Inadequate premises maintenance
• Defective or dangerous conditions on the premises
• Insufficient building security
• Escalator and elevator accidents
• Swimming pool injuries
• Dog bites
• Amusement park accidents
• Water leaks, flooding, and fires
• Toxic chemicals or fumes

Texas abides by modified comparative negligence laws for personal injury cases, meaning that the courts will award the plaintiff compensation based on his or her own percentage of fault. If the courts find you more than 50 percent at-fault for a premises liability accident, such as if they deem that you could have reasonably seen and avoided the hazardous obstacle, you will not receive compensation.

How to Prove Fault in a Premises Liability Claim

Proving fault in a premises liability claim requires demonstrating that the property owner was negligent in maintaining a safe environment. This involves showing that the owner knew or should have known about the hazardous condition and failed to take appropriate action. Evidence such as accident reports, photographs, maintenance records, and eyewitness testimonies can build a strong argument. At Briggle & Polan, PLLC, we guide our clients in meticulously collecting and organizing this evidence, ensuring that every detail is captured to support their position. Our thorough approach helps to establish the groundwork required to demonstrate the property owner’s liability.

Local factors in Austin can also play a role in these cases. For instance, understanding Texas building codes or regulations can highlight deviations that might contribute to unsafe conditions, strengthening the claim. By integrating local expertise and leveraging our deep understanding of Austin’s legal landscape, we enhance each client’s opportunity to achieve a favorable outcome.