Austin Premises Liability
Personal Injury Attorneys
Premises liability cases are often some of the most difficult cases in which to prove liability under Texas law. Such claims are regularly denied in the absence of an experienced personal injury attorney trained to evaluate the claim and develop those facts which support liability. Premises liability cases include such cases as your standard slip-and-fall case due to a dangerously slippery floor, construction site defects, defective or rotten stairs or balconies, lack of railings, improper markings on steps, flooring collapses and improper lighting, as well as lapses in security, nuisances attractive to children and other dangerous conditions on premises. Many people suffer from the misconception that if they are injured on another’s property, that the property owner will likely be held responsible for these injuries. In fact, the law in Texas is very burdensome for the victim and almost always necessitates the assistance of a personal injury lawyer qualified to handle premises liability claims.
In Texas, the extent of a property owner’s responsibility for a personal injury caused by a premises defect depends in part on how the injured party came to be on the premises. For example, a land owner has a lesser duty to a trespasser than he does for a person who is invited on to the premises. Nevertheless, even if a landowner invites a person on to his premises, generally the landowner is only liable if the injured party can prove the following:
- The condition of the premises posed an unreasonable risk of harm,
- The landowner knew or reasonably should have known of the danger, and
- The landowner failed to use ordinary care to protect the injured party from danger by both failing to adequately warn the injured party of the condition and failing to make that condition reasonably safe.
In order to meet this burden of proof, it is important to document the condition which caused the harm. This is usually done by photographing the condition before it is altered or repaired. As it is the policy in our state to encourage landowners to repair defects on their premises, any repairs that are made to correct the defect after the incident are usually not admissible in court to prove the landowner’s negligence.
If you have a premises liability case, it is important to have a personal injury lawyer who is familiar with these types of cases and can properly evaluate your claim and obtain the evidence necessary for you to prevail. If you or someone you know has suffered personal injury on residential or commercial premises, call Texas Law Firm Bemis, Roach & Reed toll free at (866) 433-4979 to schedule a free consultation with a skilled premises liability lawyer.