Austin Premises Liability Lawyer

Individuals have the right to be safe when they enter another person’s premises. Unfortunately, there are times when property owners fail to uphold the duty of care that they owe to others.

At Bonilla Law Firm PLLC , we are here to help if you need an Austin premises liability attorney by your side. Our team has extensive experience handling complex personal injury and premises liability claims, and we know what it takes to help victims recover the compensation they need.

Austin Premises Liability Resources

To access any of the following areas of the page, click the following links below.

Why Choose Us?

Testimonials & Results

How A Lawyer Can Help

Steps To Take After An Accident

Property Owner Responsibilities

Public vs. Private Property Liability

Determining Property Owner Negligence

Common Insurance Company Tactics

Types Of Premises Liability Claims

Damages Available For A Premises Liability Claim

Call Bonilla Law Firm

Frequently Asked Questions

Locations We Serve

Why Choose Bonilla Law Firm PLLC?

At Bonilla Law Firm PLLC, we believe in the principle of providing our clients and community with effective legal services through integrity, experience, and results.

For more than 30 years, we have continuously fought against insurance carriers and at-fault parties in order to recover the compensation that our clients are entitled to.

Our Austin personal injury attorneys will not back down from aggressive insurance carriers, and we have no problem preparing premises liability case for trial if needed to ensure you are treated fairly.

Testimonials & Results

Bonilla Law Firm is proud to represent across the city of Austin and throughout the state of Texas. In addition, we have successfully settled cases that were worth $2,000,000. See below for some reviews from our clients.

  • “Great customer service experience. Office staff very professional and friendly. I talked with Brad who made complicated legal issues easy for me to understand. It’s a family-run business which shows in their friendliness and concern. I highly recommend them. “– Jeff S.
  • “In 15 minutes, from my first ever call to these guys I got better advice than I had got from my current law firm in FIVE months!! We all have things to say about lawyers, mainly when we are in tough life situation. Jon and Brad make life A LOT easier.” – Gordon M.

How an Austin Premises Liability Lawyer Can Help

Navigating a premises liability claim can be complex, especially when dealing with insurance companies focused on their bottom line. An Austin premises liability lawyer brings valuable legal knowledge and experience to your case:

  • Case Evaluation: An Austin premises liability attorney will assess the specifics of your situation and provide an informed opinion on the strength of your claim.
  • Evidence Gathering: They’ll collect evidence like accident reports, photographs, witness statements, and medical records to build a compelling case.
  • Negotiation: Lawyers negotiate with insurance companies to secure a fair settlement that covers your medical expenses, pain and suffering, and other damages.
  • Litigation: If a fair settlement isn’t reached, your attorney can take your case to court and advocate for your rights in front of a judge and jury. That’s part of our attorney-client relationship.

Steps To Take After A Premises Liability Accident

In the unfortunate event of a premises liability accident, taking the right steps can have a significant impact on your case’s outcome:

  • Prioritize Your Health: Seek immediate medical attention for any injuries.
  • Document the Scene: If possible, document the accident scene by taking photographs or videos of the hazard, your injuries, and the overall surroundings. This evidence can be crucial for building your case.
  • Gather Witness Information: If there were witnesses to the accident, collect their contact information. 
  • Report the Incident: Notify the property owner or manager about the accident as soon as possible. Ensure that the details are accurately recorded.
  • Consult With A Austin Premises Liability Attorney: Legal guidance is essential to navigate the complexities of your case.

Property Owner Responsibilities in Texas

Texas premises liability law essentially places property owner visitors into three categories:

Invitees: these are business individuals who come onto a person’s property for a business purpose. For example, customers inside a retail store or at an amusement park are considered invitees. Delivery personnel and utility workers who may come onto a person’s private property are also considered invitees. The duty of care owed by the property owner to the invitees is to ensure there is a proper warning of any unreasonable risks on the property as well as a duty to regularly inspect and maintain the property from unreasonably risky conditions.

Licensees: Licensees are those such as social guests to a home. The duty of care owed to these individuals is an ordinary duty of care, where the property owner should fix dangerous conditions as well as warn guests about any potential hazards that could cause them harm.

Trespassers: Finally, there are trespassers who enter a person’s property without permission. Property owners generally owe trespassers no duty of care, but they must refrain from willfully injuring them or harming them through gross negligence. However, there are exceptions to this particular category, particularly when it comes to child trespassers who are injured on the property.

In order to determine whether or not a property owner was negligent, it will be important to look at whether the property owner upheld their duty of care for the proper category of visitor. These claims are challenging, and proving liability is difficult without assistance from skilled premises liability lawyers in Austin.

Public vs Private Property Liability

Determining liability in premises liability cases is often influenced by whether the property is public or private.

Public properties, such as government-owned buildings, parks, and sidewalks, introduce unique legal considerations due to the involvement of government entities. These cases may involve complex legal procedures, requiring specific protocols and time frames for filing claims against governmental bodies.

On the other hand, private property liability involves holding individual property owners accountable for maintaining a safe environment for visitors. This can include residential properties, commercial establishments, and private lands. The responsibility lies with the property owner or manager to regularly inspect, identify, and promptly address potential hazards to prevent accidents and injuries.

How Does A Lawyer Determine Property Owner Negligence?

One of the critical factors in a premises liability case is establishing property owner negligence. Property owners have a duty to maintain their premises in a safe condition and adequately warn visitors of any potential dangers. To prove negligence, you must demonstrate:

  1. Duty of Care: The property owner owed you a duty of care to provide a safe environment.
  2. Breach of Duty: The property owner breached this duty by failing to address hazardous conditions.
  3. Causation: The breach of duty directly caused your injuries.
  4. Damages: You suffered actual damages, such as medical expenses, pain and suffering, or lost wages, due to the hazardous condition.

A skilled Austin premises liability lawyer can help gather evidence, assess the situation, and build a strong case to establish property owner negligence.

Common Insurance Company Tactics

Insurance companies involved in premises liability claims often work to minimize their payouts to victims. They may use tactics to avoid taking full responsibility for the injuries suffered on the property. Here are some things insurance companies might do to you.

  1. Offer Quick Settlement Offers: Insurance adjusters may offer quick settlements that seem attractive but are often far below what you’re entitled to. They do this hoping you’ll accept before realizing the full extent of your injuries and damages.
  2. Shift Blame On You: Insurance companies may try to shift blame onto you, claiming you were partially responsible for the accident. Texas follows the modified comparative negligence rule, which reduces your compensation by your percentage of fault. They’ll try to assign more fault to you to minimize their liability.
  3. Ask For A Recorded Statement: Insurance adjusters might ask for a recorded statement shortly after the accident. They can use this statement against you later, taking your words out of context or using them to downplay the extent of your injuries.
  4. Sign A Release: Insurance companies may offer a settlement in exchange for a release, preventing you from seeking further compensation even if your injuries worsen later on.

An experienced Austin premises liability lawyer understands these tactics and can safeguard your rights. They’ll negotiate with insurance companies on your behalf to ensure you receive fair compensation.

Common Types of Premises Liability Claims in Austin

Premises liability claims arise in a wide variety of ways in the state of Texas. Anytime a property owner fails to uphold their duty of care to those who have a right to be on the premises , they could face an insurance claim or a civil personal injury lawsuit.

Some of the most common examples of premises liability claims with property owners include the following types of incidents:

  • Slip and fall incidents
  • Dog bite incidents
  • Swimming pool or hot tub accidents
  • Attractive nuisance accidents involving children trespassers
  • Inadequate security on a premises
  • Stairway collapse or poorly designed stairs
  • Elevator or escalator failure
  • Amusement park accidents
  • Fires
  • Electrocution incidents
  • Chemical exposure

This is not a complete list of the types of incidents that could lead to a premises liability claim or wrongful death in Austin. If you have any questions about your particular injury and situation, please reach out to an Austin slip and fall lawyer who can walk you through the steps necessary to recover compensation.

Damages Available for an Austin Premises Liability Claim

There may be various types of compensation available to premises liability victims in Austin if their claim is successful. Whether a person recovers compensation through an insurance settlement or through a personal injury jury verdict, the ultimate goal is to recover both economic and non-economic damages for the claimant.

Economic Damages: These types of damages revolve around calculable and verifiable expenses individuals have already incurred or will almost certainly occur due to their injuries. These types of damages are considered calculable because it is possible to gather receipts, bills, estimates, and invoices to perform the calculations.

Some of the most common types of economic damages associated with premises liability claims include the following:

  • Emergency medical expenses
  • Any ongoing hospital or doctor costs
  • Rehabilitation or physical therapy
  • Prescription medications and medical devices
  • Lost wages if a person cannot work due to their injury
  • Out-of-pocket expenses are rising due to the incident
  • Property damage expenses

Non-Economic Damages – These types of damages involve less calculable damages that a person is likely to endure.

However, just because the following types of damages do not have direct receipts or bills does not mean they are any less important than the economic damages mentioned above:

  • Physical pain and suffering damages
  • Emotional and psychological pain and suffering damages
  • Loss of enjoyment of life and loss of quality of life damages

There is no set amount of compensation paid to individuals in these circumstances. Rather, there are various factors that can influence settlement or jury verdict amounts. These factors can include the severity of the injury, the length of the recovery time, overall proof of losses, insurance limitations, as well as whether or not there was any shared fault.

Wrongful Death Claims and Premises Liability

In the state of Texas, family members may be able to file a wrongful death claim if their loved one loses their life due to the negligent actions of another individual or entity. If a person loses their life due to the negligence of a property owner or property manager, a premises liability lawsuit could turn into a wrongful death claim against the negligent party.

In the state of Texas, a deceased’s surviving spouse, children, or parents are typically eligible to file the wrongful death claim. If those individuals do not file a wrongful death claim within three months from the date of death, then a personal representative of the deceased’s estate is allowed to file the claim unless the surviving family members have explicitly requested that a claim not be filed.

If the family members are successful with their wrongful death claim against a property owner, they may be able to recover various types of compensation for their losses. Wrongful death compensation in Texas is designed to cover a range of damages survivors may experience, including:

  • Lost income the deceased would have earned over their lifetime
  • The value of any lost benefits or inheritances the deceased would have left
  • The value of household services the deceased typically provided
  • Compensation for mental pain and anguish experienced by survivors
  • Coverage for lost companionship, comfort, love, and society

Similar to personal injury claims in Texas, wrongful death claims must be filed within two years from the date of death. Failing to file a lawsuit within this two-year time frame could result in a complete dismissal of the case, leaving family members unable to recover compensation for their losses.

Wrongful death claims can be incredibly challenging, so if you believe that a premises liability incident led to the loss of life of a loved one, please reach out to an attorney as soon as possible. A lawyer can help guide you through this process, file the claim, conduct investigations, and handle all communication with other parties on your behalf.

Call an Austin Premises Liability Lawyer from Bonilla Law Firm

If you or somebody you love has been injured due to the negligent actions of a property owner in the Austin area, reach out to an attorney as soon as possible. At Bonilla Law Firm PLLC, we have the resources needed to help with every aspect of your claim.

This includes investigating the incident, handling negotiations with insurance carriers, and even preparing your claim for trial. When you need an Austin premises liability attorney, you can contact us or call us today at 512-441-1111. You can also fill out our contact form below.

Frequently Asked Questions About Premises Liability

What is Premises Liability?

Premises liability is a legal concept that holds property owners accountable for maintaining a safe environment for visitors, guests, or customers. If someone is injured due to hazardous conditions on the property, the owner may be liable for damages.

What Are Common Types of Premises Liability Cases?

Premises liability cases include slip and fall accidents, inadequate security leading to assaults, dog bites, elevator or escalator accidents, swimming pool accidents, and more.

What Should I Do if I’m Injured on Someone Else’s Property?

If you’re injured on someone else’s property, your safety is paramount. Seek medical attention immediately. Report the incident to the property owner or manager, and gather evidence if possible, such as photographs of the hazard and your injuries.

Do I Need to Prove Negligence in a Premises Liability Case?

Yes, proving negligence is a crucial part of a premises liability case. You need to demonstrate that the property owner had a duty to maintain the property, breached that duty by failing to address hazards, and that this breach directly led to your injuries.

Is the Property Owner Always Liable for Injuries on Their Property?

Not necessarily. Liability depends on various factors, including the property owner’s negligence and the injured party’s actions. Texas follows the modified comparative negligence rule, which reduces compensation by the percentage of fault attributed to the injured party.

What Steps Should I Take to Build a Strong Case?

Gathering evidence is essential. This includes photographs of the hazard, your injuries, and the accident scene, as well as obtaining witness statements and medical records. If your loved one has died due to a premises liability accident, you should speak with an Austin wrongful death attorney from Bonilla Law Firm today.

Should I Accept the Insurance Company’s First Settlement Offer?

Insurance companies may offer quick settlements, but they’re often lower than what you deserve. Consult with an Austin premises liability lawyer before accepting any settlement to ensure your rights are protected.

How Much Compensation Can I Receive for a Premises Liability Case?

The amount of compensation varies based on factors such as the severity of your injuries, medical expenses, pain and suffering, lost wages, and more. There is no set compensation in stone, but it all depends on these specific factors.

Is There a Time Limit to File a Premises Liability Lawsuit?

Yes, there is a statute of limitations in place. In Texas, you generally have two years from the date of the incident to file a premises liability lawsuit. You should consult with an Austin premises liability attorney from Bonilla Law Firm to see if you are still eligible to file a lawsuit.

What is Comparative Negligence?

Comparative negligence is the system designed to help establish liability when there is shared fault for an incident. Under this type of system, individuals can still recover compensation if they are partially responsible for causing their own injuries, but up to a certain point. In Texas, if an individual is 51% or more at fault for an incident, they cannot recover compensation for their losses. However, individuals less than 51% can recover compensation, though at a reduced amount. The total reduction will be equivalent to the percentage of fault they had for the incident.

For example, let us suppose a person sustains $100,000 in a premises liability incident, but a jury determines that the individual was 20% responsible for the incident. As a result of this, their total compensation will be reduced by 20%, so they would receive $80,000 instead of the full $100,000.

Locations We Serve

We also serve multiple locations in Austin, including:

Downtown | South Congress (SoCo) | Zilker | East Austin | Barton Hills | Travis Heights | Clarksville | Hyde Park | Tarrytown | Bouldin Creek | Mueller | Crestview | Allandale | Rosedale | Brentwood | Windsor Park | South Lamar | North Loop | Cherrywood | East Cesar Chavez | Old West Austin | Pemberton Heights | Steiner Ranch | Circle C Ranch | Barton Creek | Avery Ranch | Clarksville | Travis Country.