Getting injured on someone else’s property in Austin—whether at a bustling music venue, local shop, apartment complex, or public park—can leave victims feeling overwhelmed and unsure what to do next. Navigating Texas premises liability law involves crucial steps after an accident: stay calm, collect evidence, get prompt medical attention, and seek knowledgeable legal guidance. Schedule your consultation with Falcon Law Group to get clear insight into your rights and options under Texas law. Se Habla Español!
Understanding Premises Liability Accidents in Austin
A premises liability accident is one where someone is hurt on another’s property due to a dangerous or poorly maintained condition. To succeed in an Austin premises liability claim, several elements must be proven:
- A hazardous or unsafe condition existed on the property.
- The owner, occupier, or controller knew or should have known about it.
- Negligence in fixing or warning about the hazard occurred.
- This negligence directly caused your injury or property damage.
Proving these elements often requires a careful legal strategy, especially when the property owner denies responsibility or claims the danger was obvious or avoidable.
Most Common Types of Premises Liability Claims in Austin
- Slip, trip, and fall accidents in stores, restaurants, workplaces, or public places
- Swimming pool incidents, including lack of supervision or fencing
- Dog bites and animal attacks
- Elevator and escalator malfunctions
- Construction site hazards
- Stair collapses, broken steps, railings, or loose rugs
- Negligent security (resulting in assault, harassment, or property theft)
- Fire safety failures or absence of alarms/extinguishers
- Accidents stemming from poor lighting in parking areas, stairwells, or pathways
These types of cases can result in significant and lasting injuries—even a simple fall can lead to broken bones, spinal cord damage, or traumatic brain injury.
Common Injuries in Austin Premises Liability Cases
Premises liability incidents can cause a broad spectrum of injuries, including:
- Concussion or traumatic brain injury (TBI)
- Neck and back injuries, including herniated disks or paralysis
- Simple or complex fractures
- Severe burns or smoke inhalation
- Crushing injuries and amputations
- Lacerations that may result in significant scarring
- Wrongful death in the most tragic circumstances
- Sprains, strains, and torn ligaments
Some injuries may not be immediately obvious, which is why prompt medical care and thorough documentation are essential.
How to Prove a Premises Liability Claim in Texas
To win a claim in Austin, you must show:
- The defendant owed a duty of care, which depends on whether the visitor was an invitee (customer, tenant, etc.), licensee (guest), or trespasser (with limited rights except in the case of children).
- The duty was breached by failing to address a dangerous condition or warn about it.
- That failure directly caused your injury.
- You suffered real damages—medical bills, income loss, pain, etc..
Gather photographs of the hazard, your injuries, the incident scene, and contact info from witnesses. Retain all medical, police, and incident reports, which your attorney can use to build your case.
Liable Parties in Austin Premises Liability Claims
Numerous parties can be held responsible for injuries incurred on their property, including:
- Property and business owners or tenants
- Landlords and residential property managers
- Commercial property managers
- Government agencies (for public property hazards)
- Maintenance contractors or cleaning services
- Security companies (for assaults due to inadequate security)
- Building owners, retail chains, or even other visitors in certain circumstances
- Even a person or business occupying the property but not owning it can sometimes be held liable if they controlled and maintained the area where the injury occurred.
For public property, such as parks or government buildings, special procedures and time limits apply under the Texas Tort Claims Act.
How Long Do You Have to File a Claim?
Texas generally imposes a two-year statute of limitations from the date of your personal injury. It's wise to contact a lawyer as soon as possible to preserve evidence and avoid missing deadlines.
Defenses Frequently Used by Property Owners
Common defenses include:
- Arguing that the victim’s actions (like running or ignoring warnings) were the primary cause—if you’re found more than 50% at fault, your claim may be denied.
- That you were a trespasser, thus owed less legal protection (with exceptions for children).
- That the dangers were “open and obvious” and you should have avoided them.
- That they exercised reasonable care and did not know about the hazard.
Why Hire Falcon Law Group for Your Austin Premises Liability Case?
Premises liability law is nuanced and insurance companies are often quick to minimize payouts. Falcon Law Group’s Austin attorneys skillfully gather evidence, manage insurance communications, negotiate settlements, and, when needed, litigate in court. We help clients pursue compensation for medical expenses, lost wages, pain, suffering, and lasting effects so they can focus on recovery.
If you or a loved one has been injured on someone else’s property in Austin, contact Falcon Law Group to schedule a free consultation. Our team serves the Austin metro area and all surrounding communities—always with compassion, skill, and diligent advocacy.
