Residential and commercial property owners have a certain responsibility to provide safe conditions for guests, customers, and other individuals. When they fail to do so and you are injured as a result, they can be held liable. At Howry Breen & Herman, we believe that you shouldn't be left to face the aftermath of a property owner's negligence on your own.
Whether you suffered injuries in a small store, a large restaurant, a hotel, an apartment complex, a theme park, or even at someone else's house, our Austin premises liability lawyers can help you pursue the fair recovery you are owed. With nearly 25 years in practice, we know how to navigate the claims filing process and are prepared to aggressively advocate for your rights.
If you suffered serious injuries on someone else's property as a result of negligence, call us at (512) 430-4844 to discuss your case with a member of our team.
When Is a Property Owner Liable for Your Injuries?
According to Texas law, a property owner may be liable for injuries incurred on his or her premises when certain factors are present. In order to show that a property owner acted negligently, you must show that he or she failed to take reasonable precautions to protect individuals from getting hurt while on the premises. This includes instances in which the property owner knew of or should have known of a dangerous condition but did not take proper or timely measures to correct it.
You may be able to pursue a premises liability case if any of the following conditions led to your injuries:
- Uneven flooring
- Torn or ripped carpeting
- Slippery floors
- Unmarked hazards
- Inadequate signage
- Insufficient lighting
- Lack of security
- Dangerous construction
- Unsafe stairwells
- Lack of railings
- Inadequate barriers
- Lack of required fencing
- Poorly marked exits
- Unsafe swimming pools
These are just some examples of negligent conditions. There are a wide variety of factors that could result in injury. Our Austin slip and fall attorneys can investigate the circumstances surrounding your case and determine if property owner negligence played a role in your injuries.
Recoverable Damages for Slip & Fall Injuries
Slip and falls are perhaps the most common type of premises liability claim. While many people think slip and falls are not very serious, this is a misconception. In fact, a person who slips and falls due to unsafe conditions on someone else’s property may sustain severe, life-altering injuries, including broken bones, brain injuries, spinal cord injuries, and more.
Victims of other types of premises liability accidents, such as a swimming pool or theme park accidents, can also suffer catastrophic injuries. In some cases, victims of unsafe premises are even killed as a result of property owner negligence.
Every case is different, and it is impossible to determine the exact amount you may be able to recover for your damages. However, many victims are able to seek compensation for:
- Medical expenses, both current and future
- Lost income and/or wages
- Lost or reduced earning capacity
- Pain and suffering
- Emotional and/or mental distress
In extreme cases, you may be able to pursue punitive damages if you can show that a property owner’s negligence was particularly egregious. If your loved one died as a result of property owner negligence, you may be able to recover compensation for funeral costs, loss of companionship, loss of expected earnings, and other damages.
Who is Responsible for Compensating You?
In most premises liability cases, the insurance company representing the proprietor is responsible for compensating a successful claimant. Insurance companies sell property owners various types of policies that can provide coverage for accidents on their property. For example, homeowners’ insurance that most people buy when purchasing a home often has clauses that explain how the policy can provide for bodily injury coverage after a visitor is hurt in the home.
Third parties could become responsible for providing compensation in a premises liability case if they had a responsibility for taking care of the property, though. For example, a handyman company could be liable for an injury if the company was hired to fix a banister, did a poor job, and someone fell off a balcony when it broke. Or a security company can be liable if it fails to prevent an assault on the property it was hired to monitor.
Texas Shared Fault Laws & Compensation
Under Texas comparative fault law, only those who are found to be less than 51% responsible for an accident are entitled to financial recovery. If a jury finds that you are more at fault for the accident than the defendant, you will most likely not be able to recover any compensation. For this reason, it is very important that you meet with an experienced attorney who knows how to handle these types of claims.
Contact Howry Breen & Herman Today
At Howry Breen & Herman, we understand that every situation is different. Because of this, we strive to provide the personalized, individual legal services you need. Our Austin premises liability attorneys take the time to understand each unique aspect of your situation, examining all of the applicable factors and conducting exhaustive investigative work. We make it our mission to hold liable parties accountable for your injuries, working to recover the full and fair compensation you are owed.
In addition to representing plaintiffs, we assist defendants with fraudulent or wrongful claims. Contact us at (512) 430-4844 to schedule a free consultation today.