Were you injured after a slip-and-fall accident caused by obstructed aisles at the grocery store? Have you been attacked by a dog at a local dog park? Did you slip on a wet surface at a waterpark with no wet-surface warning signs? These are all examples of potential premises liability lawsuits. However, the most important thing to establish in each of these situations is that the accident was caused directly by the property owner’s negligence.
How do you prove premises liability in Texas? There are a few main steps to building an effective Austin premises liability claim with adequate proof of negligence and liability. Hiring representation for your claim will ensure that these steps are followed and there is sufficient proof to successfully file your premises liability lawsuit.
What Your Attorney Will Need to Prove in Your Premises Liability LawsuitFirstly, you will need to hire a quality injury attorney to win your premises liability lawsuit. Experienced injury lawyers have the resources, knowledge, and expertise to provide the necessary legal proof for your claim. In order to win fair compensation for their client, an Austin Tx premises liability attorney will prove the following:
Ownership of the Premises Upon Which You Suffered Your AccidentWho owned or leased the property where you were injured? Before your attorney can establish a property owner’s negligence, they must establish to whom the property belongs. The owner will become the defendant in your premises liability lawsuit.
Negligence of the Defendant (The Property Owner)Once ownership of the property is identified, the second step to proving premises liability is to determine how much negligence was involved in the circumstances of your injury. For example, were you injured because the property owner failed to conduct regular maintenance? Did the business owner fail to mark off dangerous construction zones? Did the owner of the dog that bit you fail to muzzle their pet even with prior knowledge of its aggressive tendencies? These are all examples of property owner negligence and would render the victims of this negligence eligible to file a lawsuit.
The Defendant’s Negligence Was the Direct Cause of Your InjuriesYour lawyer will investigate the circumstances of your accident in order to prove that the established negligence of the property owner did cause you physical, financial, and emotional harm.
The Extent of Your Economic and Non-Economic InjuriesFinally, your lawyer must determine and prove the full extent of losses you have suffered because of your accident on the defendant’s premises. By examining medical and financial records, your injury attorney will calculate an estimate for the worth of your damages.
In order to ensure all of the above is proven during financial settlement negotiations, it is crucial to hire a premises liability attorney in Austin Texas who has prior experience representing accident victims like you. Remember that the statute of limitations for premises liability lawsuits in the state of Texas is two years from the date of your injury, so it is important to act now to take full advantage of your legal options.
Establish Liability for Your Injuries With the Texas Attorneys at Carabin ShawThe premises liability attorneys of Carabin Shaw are experts in establishing liability and negotiating fair settlements for our clients. Under our care, premises liability accident victims and their families have received millions of dollars in compensation for physical, financial, and emotional losses.
Our English and Spanish-speaking staff are standing by 24/7 to help schedule your no-cost, no-obligation case review with an experienced Carabin Shaw premises liability attorney. To learn more about our services, call our office toll-free today at 800-862-1260 or visit Carabin Shaw’s client reviews page.