Injured on Somebody Else’s Property While Working in Austin?
Call Our Austin Premises Liability Law Firm
Premises liability is a concept in personal injury law that allows someone who has sustained an injury on another person’s property to file a claim against the property owner. In order to present a strong case, the injured party must prove that the property owner neglected their duty of care, creating unsafe conditions that inadvertently caused the injury. Premises liability applies to businesses, construction sites, public property, and residential properties.
Simply sustaining an injury on someone else’s property is not in itself grounds for pursuing a premises liability claim. The injured party must establish that the property owner was either aware or should have been aware of the dangerous conditions and that they failed to act reasonably to mitigate the danger. In addition to establishing that the property owner was negligent, the plaintiff must also prove that damages resulted from the negligence.
What Are Common Types of Premises Liability Cases?
There are innumerable scenarios that could involve premises liability, but the most common types of cases include the following
- Slip and fall
- Accidents caused by structural issues or poor design
- Parking lot accidents
- Dangerous construction site conditions
- Lack of maintenance on the property including poor lighting, uneven surfaces, unfinished construction, and unsafe objects
- Dog bites
- Fire hazards
- Water leaks or flooding
- Toxic chemicals
What is Duty of Care?
“Duty of care” refers to the legal and ethical responsibility of a property owner to ensure the property is safe for visitors. However, that responsibility applies differently to visitors based on whether they have express, implied, or nonexistent permission to visit the property. The categories of visitors for the purposes of premises liability include the following
- An Invitee. An invitee is someone who has express or implied permission to enter the premises and does so for the benefit of both parties. An example would be a guest at a restaurant, a patient at a doctor’s office, or a resident of an apartment complex.
- A Licensee. A licensee has express or implied permission to enter the premises, but unlike an invitee, they are present for their own benefit rather than the mutual benefit of both parties. An example would be a delivery person, a salesperson, or a utility worker.
- A Trespasser. A trespasser is someone who enters the premises without a lawful right or permission of any kind. They are entering for their own purposes and without a legitimate reason. An example would be a vandal or a vagrant.
The property owner owes a high duty of care to an invitee and must keep the property reasonably safe for the invitee’s benefit. This includes performing regular maintenance to identify and fix unsafe conditions. A licensee is owed a slightly lesser duty of care; the property owner is not obligated to remedy a dangerous condition but must adequately warn the licensee of potential danger. A trespasser, on the other hand, is not owed a duty of care by the property owner, except that the property owner is not permitted to willfully harm them or show extreme disregard for their safety. The legal status of the visitor is a key component of establishing duty of care in a premises liability case.
Should You Contact a Lawyer if You Are Injured on a Business’ Premises?
If you sustained an injury on a business’s premises, seek medical care for your injuries and contact a premises liability lawyer. Premises liability cases can be complex, and proving negligence is often a high bar to clear. These cases can become especially complicated when the injured party was hurt on the job because premises liability law may overlap with work injury law.
If your employer carries workers’ compensation insurance, you do not need to prove negligence or fault to recover loss of income and medical expenses, and you are precluded from suing your employer for damages. However, if your employer does not have workers’ comp insurance, or if another party was responsible for your injury at work, there may be grounds to pursue a claim.
Regardless of the details, an Austin premises liability attorney will seek to recover damages and hold the negligent party accountable for your injuries, medical costs, and loss of income.
How Aaron Allison Can Help with Your Premises Liability Case
At the Law Offices of Aaron Allison, our Austin premises liability attorney proudly represents Texans who have been hurt on the job or sustained injuries due to a property owner’s breach of care. We handle complex premises liability and workers comp cases, working to ensure you receive the compensation you deserve.
We work on a contingency basis, meaning we do not charge attorney fees unless we recover money for you. If you need a premises liability lawyer in Austin, Houston, San Antonio, or anywhere in Texas, contact our offices online for a free consultation.