“Premises liability” is the legal term for injury cases that involve someone getting hurt because of a dangerous condition on someone’s property. Common examples of premises liability cases include slip and fall cases as well as trip and fall cases. Austin premises liability law can be very complicated.
The purpose of this page is to help personal injury victims who have been injured because of a dangerous condition on somebody’s property understand their rights.
Whether someone will be held accountable in a personal injury case involving premises liability depends on several factors. The first factor is whether the person alleged to have caused the injury “possessed” the Austin property at issue. The second factor is what the injured person was doing on the property when the injury occurred. The third is whether the condition complained of was “unreasonably” dangerous.
For purposes of premises liability law, a person can possess property when they own, occupy, or control the property. The main element that must usually be present for a person to be responsible for an injury on their property is control.
Common examples of people who control property for purposes of premises liability claims include property owners, tenants, general contractors, and property management companies. However, whether someone possesses a property depends on the facts of the specific case.
Even if someone injured on the property can identify who possessed the property when the injury occurred, that is not enough to hold the possessor responsible. That is because the possessor’s obligation to make a property safe depends on why the injured person was on the premises to begin with.
If the person injured was invited to be on the premises for the mutual benefit of the parties, the person possessing the property is required to inspect the premises for dangerous conditions and either correct them or warn about them.
In this situation, the injured person is considered an “invitee.” A good example of an invitee is someone who visits a local business to potentially purchase goods or services.
If the person injured was invited to be on the premises but is only there for their own benefit or purposes, the person possessing the property only has to correct or warn about a dangerous condition if the possessor actually knows about it; in other words, there is no obligation to inspect.
In this situation, the injured person is considered a “licensee.” A good example of a licensee is someone who is a social guest at someone’s home.
If, however, the person injured was trespassing on the premises, the possessor is only required to avoid intentionally harming someone, and avoid being indifferent to a very dangerous condition the possessor knows is likely to hurt someone.
A good example of a situation where a possessor could be liable to a trespasser is if the possessor booby-trapped the property with something very dangerous.
Finally, a possessor of the premises can only be held responsible for injuries that are caused by an unreasonably dangerous condition on the property. This means there was some dangerous condition on the property that a prudent person would have foreseen the likelihood of someone getting hurt by the condition.
For purposes of premises liability law, a person can possess property when they own, occupy, or control the property. The main element that must usually be present for a person to be responsible for an injury on their property is control.
Common examples of people who control property for purposes of premises liability claims include property owners, tenants, general contractors, and property management companies. However, whether someone possesses a property depends on the facts of the specific case.
Even if someone injured on the property can identify who possessed the property when the injury occurred, that is not enough to hold the possessor responsible. That is because the possessor’s obligation to make a property safe depends on why the injured person was on the premises to begin with.
For purposes of premises liability law, a person can possess property when they own, occupy, or control the property. The main element that must usually be present for a person to be responsible for an injury on their property is control.
Yes, you should. Beyond the fact that premises liability cases can be very complicated, an experienced Austin personal injury lawyer will take the time to make sure you understand your rights and responsibilities after getting hurt.
Additionally, it might be critical to make sure evidence is preserved so that the case can actually be proven.
Contact the personal injury lawyers at FVF Law Firm – Injury & Wrongful Death Lawyers today and get a no-pressure, free case review.
Common injuries in premises liability cases include broken bones, sprains, head injuries, cuts and bruises, burns, and even more severe injuries, such as traumatic brain injuries or spinal cord damage, depending on the nature of the accident.
To determine if the property owner is responsible, it must be proven that they knew or should have known about the dangerous condition and failed to address it. Factors include whether the hazard was obvious, how long it existed, and if the property owner took reasonable steps to fix it or warn about it.
You may be able to recover compensation for medical bills, lost wages, pain and suffering, rehabilitation costs, and any future expenses related to your injury. Consulting with a premises liability attorney will help determine the damages you’re eligible for.
Yes, Texas premises liability law considers the reason you were on the property. You may be classified as an invitee, licensee, or trespasser, each with different levels of protection under the law. Invitees, such as customers, have the most protection, while trespassers have the least.
In Texas, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. Filing within this timeframe is essential to preserve your right to seek compensation.
To get started, document the accident as much as possible, including photos of the hazard, witness contact information, and any medical records related to your injury. Then, contact a qualified premises liability attorney to discuss your case. Call (512) 982-9328 or fill out our online form to schedule a free consultation with our team.
