Texas Premises Liability Lawyer

If you or a loved one has sustained an injury due to the negligence of a property owner or manager, you may be able to seek compensation through a premises liability claim. An Austin personal injury lawyer at Marc Chavez Law Firm can be an invaluable asset when it comes to evaluating your claim and building a case to secure the maximum compensation.

Our legal team has experience handling a broad range of complex premises liability cases. No matter the circumstances of the incident, you can count on our attorney to help you recover the damages you’re owed. Call us at 512-337-9774 to set up a complimentary consultation, and we can start strategizing right away.

What Is Premises Liability in Texas?

Premises liability is an area of law that holds property owners and property managers responsible for the health and safety of others while they are on their property.

Premises include every part of a person’s property. Whether you’re injured on the land, in a building, or anywhere else on the property, you may be eligible to file a personal injury claim.

Filing a Premises Liability Claim in Texas

In Texas, you typically have two years from the date of the injury to file a premises liability claim. If you are filing against any type of government entity, you must file a notice of your claim within six months of the incident. Otherwise, your case is likely to be dismissed.

After you file a premises liability claim, the party responsible for your injuries must decide how they want to proceed. They may have insurance, a homeowner’s policy, or a general policy that covers business liability.

Whatever the case, you can expect to enter into negotiations with whichever party is going to be paying you. If you are unable to reach a settlement agreement, you may have to go to trial instead. Whether you’re negotiating out of court or going in front of a judge or jury for a premises liability claim, it’s wise to have a knowledgeable personal injury lawyer by your side.

At Marc Chavez Law Firm, we have experience with both negotiation and litigation, so you can count on us to be there for you no matter where your claim takes you.

How to Win a Premises Liability Case in Texas

Sustaining an injury on someone’s property isn’t enough to make you eligible to file a premises liability claim. Sometimes, accidents happen, and no one can be held at fault. To win a premises liability case in Texas, you must be able to prove some form of negligence by the property owner.

This involves four distinct parts that you must prove:

1. Duty of care. You must prove that the property owner had a responsibility to provide reasonable care for you. (i.e., a store owner must clean up spilled liquid on the floor, so you, a customer, don’t slip.)
2. Breach of duty. You must prove that the defendant breached this duty of care through unreasonable actions. (i.e., the store owner ignores the spill and goes on with their day.)
3. Injury. You must prove you suffered some form of harm or injury. (i.e., you walked by the spill and slipped.)
4. Causation. You must prove the owner’s negligence caused the injury. (i.e., you fell because the floor was slippery, and the floor was slippery because the owner did not clean up a spill.)

In some cases, proving negligence can be simple and straightforward. In others, however, it can be complicated to gather the right evidence and build a strong enough case. Marc Chavez Law Firm is dedicated to helping you through this process, no matter how complex the case may seem.

Marc Chavez has many years of experience as an assistant district attorney, which significantly benefits your case, as he has been involved in many complex trials and can confidently strategize and build a solid case. He can anticipate the other side’s moves effectively, skillfully negotiate, and spot weaknesses in their case. His deep familiarity with the court system, judges, and law enforcement is a major advantage.

Common Types of Premises Liability Cases in Texas

Premises liability claims typically arise due to some form of negligence on behalf of a property owner. Injuries can arise from an ongoing defect with the property itself or due to a situation that occurs on the property. You can file a premises liability claim if you’re injured on many types of properties, including:

• Boats
• Homes
• Lawns
• Pools
• Private properties that are open to the public

Our seasoned legal team at Marc Chavez Law Firm has experience handling various types of premises liability cases. Here are some common types of premises liability cases that we’ve pursued over the years.

Animal Attacks

When a person owns a pet, they are responsible for keeping it in a safe and contained space so as not to endanger the rest of the community around them. Not all animal attacks can result in a premises liability case. In many cases, you may find yourself filing a personal injury claim. However, if an animal injures you due to the owner’s dangerous property conditions or negligence, you may be able to file a premises liability claim.

Premises Defects

Property owners in Texas have a responsibility to maintain their property within reasonable standards to keep guests safe. This includes any buildings, the land surrounding them, walkways, and more. If there is a known issue with a property that the owner fails to correct, you may be eligible to file a claim.

It’s also important for property owners to stay up to date with any established building codes for doorways, staircases, and other areas. Failure to comply with building codes and general premises defects can lead to serious injuries.

Slip- or Trip-and-Fall Accidents

Slip- or trip-and-fall injuries are among the most common types of premises liability cases in Texas. These types of incidents can occur from damaged staircases, spills, uneven ground, and more. An Austin slip-and-fall lawyer can evaluate your case and help you pursue legal recourse for your injuries.

Swimming Pool Accidents

Many homes and private properties open to the public in Texas feature swimming pools. While they serve as a fun reprieve from the summer sun, pools also bring with them a number of potential risks. It’s ultimately up to the owner of the property to maintain reasonably safe conditions in and around the pool if other people are present.

Wrongful Deaths

Unfortunately, some incidents end in the worst way. If you are seeking to file a wrongful death claim because a loved one sustained a fatal injury due to another party’s negligence, you may do so with the help of a compassionate and effective attorney. You typically have two years from the date of the decedent’s death to file a wrongful death claim.

Many of these types of cases can be resolved outside of court. You can work with an Austin wrongful death litigation lawyer at Marc Chavez Law Firm to achieve this, or if you have to go to trial.

What About Open and Obvious Hazards?

It’s important to note that property owners and managers are not liable for every single injury that occurs on their property. Texas premises liability law has a few exceptions, including hazards that are considered to be out in the open and are, therefore, obvious. That means that if you’re injured due to a hazardous condition that you reasonably could have noticed and avoided, you likely won’t have a premises liability case.

Potential Compensation for Premises Liability in Texas

Everyone deserves to feel safe. Premises liability claims exist so people who have been wrongfully injured on another person’s property have an avenue to seek compensation for their injuries.

You are able to recover both economic and non-economic damages from a premises liability claim in Texas. At Marc Chavez Law Firm, we’re focused on helping you secure the maximum compensation for any:

• Loss of enjoyment of life
• Lost wages and loss of earning capacity
• Medical expenses
• Ongoing related expenses
• Pain and suffering
• Physical limitations

It can be difficult to calculate the value of some of the types of damages you may be eligible to receive, which is why working with a Texas premises liability lawyer is crucial. Your attorney can help you seek the maximum settlement amount possible and ensure your rights are being honored throughout the process.

Meet With a Texas Premises Liability Lawyer Today

If you are considering filing a premises liability claim against another party in Texas, reach out to a local personal injury lawyer at Marc Chavez Law Firm to guide you through the process. Our founding attorney has previously been named a Rising Star and has consistently been named a Super Lawyer for the past four years.

You can count on us to guide you through your claim with ease. Marc Chavez has years of experience handling all types of complex personal injury cases in Texas and is ready to put his experience to work for you.

We’re proud to live up to our reputation by continuing to provide quality legal counsel and representation to our clients throughout Texas. If you are ready to discuss your case in more detail, reach out to our team at 512-337-9774 to set up a free consultation today.