Austin Premises Liability Accident Attorney
Premises liability incidents do not only happen at businesses, they can happen at a friend’s house or in your own back yard.
While some people make think that premises liability may only be a term that relates to businesses, that is not true. Any landowner can be found negligent if someone is hurt on his or her property. Premises liability is a branch of the law that covers accidents that occur due to the negligence of the property owner. It could be an accident that occurs at a store, office, or even a friend’s home.
What Counts as a Premises Liability Accident?
A premises liability accident can include a variety of things, but some of the most common types include:
- Broken stairs or accidents due to missing or faulty stair rails
- Slip and fall accidents
- Injuries resulting from uneven flooring or holes in the ground
- Trips due to bunched up rugs or cleaning supplies
- Dog bites
- Falling merchandise
- Assault due to inadequate security
- Swimming pool accidents
- Shock injuries and electrocution
This is not a full list of all premises liability accidents, but a list of some of the most common. If you have been injured in any of the above situations, you likely need the assistance of an experienced premises liability attorney.
Proving Premises Liability
The state of Texas says that a landowner could owe an individual who has been injured in a premises liability case. Proving premises liability depends on the relationship between the liable party and injured party.
In Texas, there are three types of individuals who may be entitled to compensation.
- Invitee: This is a person who enters a property with the implied or expressed permission or invitation of the owner, and whose visit is beneficial to both parties.
- Licensee: Is a person who has the express consent or permission to be on the property, but there is no business involved, such as a social guest in your home.
- Trespasser: This is a person who gains access to an individual’s property without the expressed or implied permission of the owner. Property owners rarely have no legal responsibility to these people.
In order to prove premises liability, the injured party must prove several things:
- A dangerous condition was present.
- The property owner was aware of the condition or could have anticipated the condition.
- The property owner could have anticipated that the dangerous condition could result in an injury.
- The property owner failed to fix the dangerous situation.
- The negligence resulted in the injury.
Let an Experienced Premises Liability Attorney Help You
Premises liability laws can get complex when it comes to negligence and liability. This makes it extremely important to seek the advice of a good premises liability attorney to determine if you have a claim that is eligible for compensation and ensure that you have your rights protected if you do have a case.
Stephen G. Nagle has over three decades of experience helping people who have been injured in premises liability accidents. Contact his office today to schedule a consultation to review your situation and see if you could be entitled to compensation.