Texas Premises Liability Attorney in Austin and Houston
The concept of premises liability stipulates that those who own or who are in control of property must ensure that their grounds are reasonably safe and free of potential hazards. In essence, these actions are like all other negligence actions, in that plaintiffs must establish that the defendant had a duty of care, a breach of that duty was committed and that the breach caused the injuries suffered by the plaintiff. In Texas, the duty of care that a property owner, business owner, or landlord owes to a visitor of the premises differs based on the status of the visitor. For this reason, it is important to understand the difference between licensees, invitees, and trespassers.
- Invitee: Under the law, an invitee is owed the highest duty of care. This includes anyone who has been explicitly or implicitly invited onto another person’s property, which could be the customer of a business establishment or the visitor of a public park.
- Licensee: Under the law, a licensee is owed an intermediate duty of care. This includes anyone whose presence has been permitted, but who technically does not qualify as an invitee-which could be a homeowner’s social guests, for example.
- Trespasser: Under the law, a trespasser is owed a minimal duty of care. This includes anyone who has entered onto the property unlawfully or without consent from the property owner, but there are certain exceptions for child trespassers.
Common accidents involved in premises liability cases include:
- Retail shop injuries
- Uneven sidewalk or pavement
- Amusement park injuries
- Trips, slips and falls
- Dog bites and Animal Attacks
- Assault on property/Negligent security
- Exposure to toxic substances
- Malfunctioning elevators
- Construction site accident
Some of the most common serious and catastrophic injuries are:
- Broken bones;
- Head Injury;
- Brain injuries;
- Back Injury;
- Burn injuries;
- Spinal cord injuries;
- Cuts, Bruises, Lacerations;
- Slip and Fall Injuries;
- Hip injuries;
- Muscle strain and ligament sprains;
- Amputation, and;
- Wrongful death.
Compensation for Damages in a Premises Liability Case
If you or a loved one are injured due to negligence or careless behavior of a property owner, you may be able to pursue compensation for any of the following damages, including:
- Current medical bills
- Future medical bills for resulting surgeries and treatment for complications of the original injury
- Pain and suffering
- Mental anguish and emotional duress
- Lost wages from missed work
- Loss of career or earning potential
- Permanent injury or disability
- Physical therapy and rehabilitation
- Damages for the loss of joy of life
- Wrongful death damages (including loss of future income and benefits, medical bills, pain and suffering of the deceased before they died, and loss of love, affection, companionship, etc.)
Filing a premises liability claim can be a confusing and complex matter because of how different the set of facts and circumstances are for each claim. Contact our attorney today for assistance.