Austin Premises Liability Lawyers
When a property owner’s carelessness leaves you with injuries, you shouldn’t be left holding the bill for your injury-related expenses. A skilled premises liability attorney can help you recover compensation for your losses. Premises Liability is an area of law that deals with the rules property owners must follow to protect the safety of tenants or guests on their property. If unsafe conditions result in someone’s pain and suffering, the property owner may be liable for the injuries.
Legally, property owners must meet a certain standard of care. This duty often involves at least warning property visitors of any hazardous conditions which the owner would be expected to be aware of. Premises liability cases often involve situations in which property owners knew some sort of danger was present but failed to act quickly enough.
At Gibson Hill, we focus on personal injury cases and have the legal know-how to pursue a premises liability case successfully. We investigate our clients’ claims and help them seek just compensation. These cases can be complicated and challenging since there will be several claims that must be proven in court. However, you don’t have to go through this legal process alone. Hiring an experienced lawyer you can trust will significantly strengthen your case. Don’t hesitate to contact us today at (713) 659-4000 to discuss your situation.
Why Hire a Lawyer for Your Premises Liability Case?
Successfully receiving compensation for your claim will depend on several factors. You must establish that there were hazardous conditions on the property, these conditions cause or significantly contributed to your injury, the property owner was aware of the conditions (or should have been aware of the conditions), and the owner failed to make their property safe prior to your injury. Making these claims and proving them in court can be extremely difficult without the help of a skilled lawyer.
While fighting for you, your attorney will work to prove that a property owner’s negligence resulted in your injuries. Negligence in these cases might be a failure to maintain a reasonable level of care or safety when it was apparent that unsafe conditions were present. Premises liability rules do not mean that if you are injured on a dangerous property that the owner owes you compensation. The specifics of your injury matter, and seeking compensation from a property owner may be dependent on proving they knew about the danger present on their property.
Navigating the legal system alone is a complex and stressful endeavor especially when you are dealing with an injury. Having a lawyer by your side will significantly improve your chances of recovering compensation. A lawyer will help research your claim by investigating what caused your injury, who was aware of it, and if the owner failed in their legal duties. Lawyers bring their experience with the legal system and process to the table to help clients receive compensation. Law firms can help by performing legal research, hiring expert witnesses, and creating compelling arguments to support your case.
Why Hire Gibson Hill for Your Austin Premises Liability Case?
At Gibson Hill, we handle Austin injury cases. We always work to secure our clients the compensation they deserve so they can receive complete medical treatment and move on with their lives. Our top priority will still be serving the needs and interests of our clients. By tirelessly advocating for you, we will increase the chances of you receiving compensation and likely increase the total amount of payment you could receive.
We understand that your injuries can have long-lasting, life-altering effects. In serving you by defending your legal rights, we hope to help you make a recovery by taking away some of the stress and worry that unfortunately comes along with seeking compensation. Our firm has worked with hundreds of clients in the Houston area since we opened in 2012. By specializing in personal injury law, we have built up the experience and knowledge you need to help successfully make a claim.
Premises Liability Cases We Handle
Premises liability cases can take many forms. Some instances which may qualify as premises liability include the following:
- Slip and fall accidents
- Bites from dogs and other animals
- Swimming pool accidents
- Poor or inadequate security leading to injury
- Flooding or water leaks that cause bodily injury
- Fume, gas, or chemical leaks
- Electrical hazards
- Accidents related to equipment
- Elevator accidents
- General poor maintenance leading to injuries
- Ice related accidents
- Defective conditions
As such a broad category, there are many injury claims which may result because of a dangerous property. It should also be noted that in Texas, there is a two-year statute of limitations for personal injury claims. This means that you can only seek compensation in the two years following an injury, but there may be exceptions to this rule which a lawyer can explain if they apply to your case.
Common Premises Liability Scenarios Examined
One area in which premises liability cases are common is between tenants and landlords. Landlords must maintain the properties they are leasing. When tenants request that maintenance be performed or repairs are made to fix unsafe conditions, the landlord has to ensure these repairs are completed promptly. If the landlord fails to do so, and the tenant is injured, the tenant may be eligible to file a premises liability claim.
For example, if a tenant files a request to fix a hazardous condition like black mold if the landlord fails to address the issue, and the tenant becomes ill; the tenant may be able to seek compensation. Because of this duty landlords have to individuals renting their property it is not uncommon for tenants and landlords to become involved in premises liability cases.
Another common type of premises liability case is slip and fall cases. A slip and fall case involves an individual being injured after some hazard caused them to slip or trip and fall. When the owner of a property knowing allows dangers that could cause someone to fall and become injured, they may be responsible for an individual’s injuries if they do fall.
For example, if a property owner places an extension cord in a walkway without taking precautions to prevent someone from tripping on it, and someone does trip on it and become injured, the property owner may be liable for their injuries. Other common causes of trip and fall injuries include broken stairs, wet or slick floors, broken floors, thresholds without warnings, and the presence of unmarked hazards in walkways.
Comparative Negligence in Texas
Something to be aware of when filing a premises liability case in Texas is comparative fault. Comparative negligence rules adjust the amount of compensation one person can receive if they played a role in contributing to their injuries. For example, if someone is carelessly running around a building and they fail to notice a defect in the floor and trip. As a result, they may be considered partially responsible for their injuries. If the defect in the floor was unmarked, both the property owner and the injured individual could have been negligent.
The property owner’s negligence may come from the fact that they left a hazard in the walkway, while the injured person may have acted negligently by running and not noticing the danger. The court may find that both parties contributed to the injuries that occurred since both people took negligent actions that lead to injury. The court would then seek to assign fault as a percentage to both the owner and the plaintiff (injured person). For example, they may find that the property owner was responsible for 80% of the fault, and the plaintiff was responsible for 20% of the fault.
Under Texas comparative negligence rules, the victim would still be able to recover damages covering 80% of their losses. Texas follows a modified version of comparative negligence rules which includes the 51% rule. This rule indicates that to receive compensation, the injured individual must be responsible for less than 50% of the fault, or they are not entitled to damages. So in our example from above, if the injured person suffered $10,000 in losses, but the property owner only contributed 80% to their injuries, the injured person would only be entitled to $8,000 in compensation.
Contact an Austin Premises Liability Lawyer Today
If you or a loved one suffer as a result of a property owner’s negligence carelessness, you may be entitled to financial compensation for your losses. At Gibson Hill, we understand the impact such injuries can have on your health, finances, loved ones, and life overall and take these cases extremely seriously. Call our office today at (713) 659-4000 to set up a free consultation with a member of our team. We know that taking the first step in seeking justice is never easy, but we are here to make sure that you are supported every step of the way.