Austin Premises Liability Attorney
Injured on Private, Public, or Government Property?
If you suffered serious harm or lost a loved one on premises owned or maintained by someone else, you may be able to make a premises liability claim. Businesses and property owners are responsible to maintain property in a way that is safe for others, and may even be held liable.
Owners may be responsible for personal injuries or wrongful death if their property was unsafely designed, walkways are in disrepair, spills are left where visitors could slip and fall, stairways or handrails are not secure, drowning could occur because pools are left uncovered or without barriers, or they do not take precautions to protect visitors from potentially dangerous pets.
Owner negligence often leads to serious injuries for visitors, such as broken bones, neck and back injury, burns, and in some tragic cases, traumatic brain injury. If you or your family was hurt because of an owner’s irresponsible actions, a lawyer may be able to help you make a claim.
What Is Necessary to File a Premises Liability Claim?
Premises liabilities cases are often very complicated, but a knowledgeable legal counselor can provide the guidance and strategy necessary for success.
In order to file a premises liability claim, these elements must be proven:
- The plaintiff had permission to be on the premises: It must be proven that the plaintiff had a right to be on the property by either invitation or license. There is no case if the plaintiff was trespassing.
- The premises are in the defendant’s possession: It must be proven that the defendant was in control of the property where the accident occurred.
- The injury was due to negligence or some other wrongful act by the defendant: Often the most important element of the case, it must be proven that the defendant failed to maintain the property in a way that promoted safety to all visitors.
Regarding Cases of Inadequate Security
One thing that needs to be addressed in premises liability cases is whether or not the actions of the property owner assisted in any criminal activity. In some cases, while the property owner did not actually cause the crime to occur, they can still be held partially responsible. For example, say a person is in the parking lot of a hotel when they are assaulted. The hotel did not have any sort of security presence – no patrols, security cameras or any form of fencing. While owners and management cannot be held wholly responsible for any injuries that were sustained as a result of the assault, they may be held partially liable.
Inadequate security refers to any negligence on behalf of owners and managers to provide adequate safety measures for all visitors to their premises – this could be a hotel, apartment complex, grocery store, strip mall or even an office building. If they failed to warn their tenants of an increase in criminal activity, failed to provide proper security measures they might be held liable. They could also be held liable for situations including the failure to provide adequate lighting, install security cameras or have fences with working locks.
At our firm, we are able to step up to fight for the legal rights for those who have been victimized in an accident caused by inadequate security. If you have reason to believe that your injuries have been caused by the negligence of a property owner in providing adequate safety measures, do not hesitate to get the involvement of a member of our firm immediately. We know the right questions to ask and will do everything that we can to help you protect your best interests. Contact us today to learn more about how we can help.
Enlist the Aid of an Experienced Injury Lawyer in Austin
If you were injured because of a property owner’s negligence, the Loewy Law Firm may be able to help you secure compensation. We have assisted countless clients with personal injury cases through the use of professional skill and compassion for the victims of preventable accidents. The damage sustained in accidents caused by the wrongful actions of others can be devastating, but our firm can help you put your life back together and fight for justice. Many property owners charged with premise negligence hire fancy and expensive lawyers to ensure that they do not have to take responsibility, so it is imperative that you choose the expertise of a powerful litigator and aggressive advocate. You do not need to suffer with loss, pain, and medical bills any longer; call us today to discuss your case.