What is a “premises liability” lawsuit? If I’m injured on an Austin premises, what should I do? Who can I sue if I’m injured on someone else’s property in Texas?
Victims of premises liability accidents often have numerous questions regarding their rights after their accident. One of the most important questions to address is the question of liability in premises liability lawsuits; without identifying the liable party, you cannot file your personal injury claim.
The Basics of Premises LiabilityIn order to understand liability in these lawsuits, it is important to understand what exactly a premises liability lawsuit is. “Premises liability” is a legal theory describing the responsibility of property owners to maintain relatively safe premises for their invited guests. In order to be eligible to file a premises liability lawsuit, the injured party must be one of the following:
InviteeAn invitee is someone who is invited to enter the premises. This invitation does not have to be explicit; for example, a customer is invited to a new coffee shop by virtue of the business being open to the public.
LicenseeA licensee is present on the premises for their own purposes with the knowledge and consent of the property owner. For example, a licensee might include an inspector or maintenance worker. While property owners must not overtly endanger licensees, they do not have as extensive a legal responsibility towards this group as they do invitees.
Social GuestA social guest is an expressly invited visitor. This category is generally reserved for those injured while visiting private homes.
If you were not authorized to be present on the property, your status as “trespasser” disqualifies you from seeking compensation for your injuries. If you were an invitee, licensee, or guest to the premises, however, you would be eligible to file a premises liability lawsuit if your Austin premises liability attorney can prove your accident was caused by the property owner’s negligence.
Who Can Be Held Responsible in Premises Liability Lawsuits?Any property owner whose negligence results in visitor/guest injury can be held financially responsible according to Texas law.
Common examples of liable parties in premises liability lawsuits include:
Business OwnerAny business that is open to the public must ensure their customers are reasonably protected. For example: the owner of a grocery store must maintain unobstructed aisles to prevent slip and fall injuries.
Home OwnerIf you expressly invite social guests to your home, you have a certain level of legal responsibility to protect them from potentially hazardous conditions. For example: a homeowner who invites their child’s friend from kindergarten to swim in their pool must strictly observe the children while they are swimming.
LandlordLandlords must ensure that their rental properties are safe for their tenants. For example: if a tenant notifies the landlord of malfunctioning appliances or wiring, they could be considered liable if they fail to address these potential dangers.
The Texas Personal Injury Attorneys at Carabin Shaw Can HelpHave you or a loved one been injured on an Austin premises? Are you looking for representation for your premises liability lawsuit? If so, the personal injury lawyers at Carabin Shaw can ensure you and your family receive the justice you deserve.
For over thirty years, we have tirelessly defended the rights of victims of premises liability accidents from negligence property owners and their insurance providers. According to Carabin Shaw’s client reviews, our attorneys combine compassion for accident victims with legal knowledge, negotiating expertise, and endless dedication.
If you would like to schedule your no-cost, no-obligation case review, call our office toll-free today at 800-862-1260. Our English and Spanish-speaking staff are waiting by 24/7 to help you schedule your free case review with an experienced Carabin Shaw injury attorney in Austin.