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Premises liability law holds the person in possession of land or property responsible for injuries suffered by individuals while on the premises. In some states, the law favors the premises owners and often they will pay top dollar for legal help to avoid paying damages. Therefore, it is of the utmost importance that the injured parties involved in a premises liability case secure the most qualified legal representation possible.
The premises liability attorneys at Zinda Law Group of Austin have the skill and experience you need. If you think you may have a claim, call 512-246-2224 or contact us for a free attorney consultation today.
For a free legal consultation with a premises liability lawyer serving Austin, call 800-863-5312
What is Premises Liability?
Simply speaking, premises liability is the responsibility of a property owner to ensure that the conditions of their property are safe for all who may enter. Premises liability cases begin with an accident that happens on the property of another as the result of unsafe conditions on the property. However, just because you were injured on the property of another does not mean that you have a case for which you can seek compensation.
When making a premises liability claim, you must be able to prove that the property owner was negligent in maintaining their property. Property owners owe a duty of reasonable care in regard to the upkeep of their property. This does not mean, however, that the property owner is automatically considered negligent if dangerous conditions exist on their property. When pursuing a case, you must prove that the owner knew, or reasonably should have known, about the dangerous conditions.
Back and Leg Injuries
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Injured on private, public, commercial or government property?
While the owner of a premise may not have complete control over guests, invitees, or trespassers: most regions do require premises owners to adopt reasonable care. A landlord is still responsible for the building even if a manager is on duty to oversee the apartments. A business owner is still liable if a landscaper or other hired worker does maintenance or repairs to the building. Were your rights protected while you were on the premises? Have you suffered from a slip and fall?
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An owner can be liable if a property is unsafe due to:
- Walkways or surfaces in disrepair
- Hanging tree limbs or phone lines
- Negligent maintenance of stairways or handrails
- Wet and slippery floors
- Dangerous animal
- Texas Department of Transportation’s failure to maintain roadways
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Slip and Fall Accidents
What Are My Rights After a Slip and Fall Accident?
If you have been injured after a slip and fall that occurred on someone else’s property, then you may have a right to compensation from the responsible party. There are a lot of factors that go into a potential lawsuit, such as who the owner of the property is, how obvious the danger was, and how serious the injuries are. In addition, if the accident occurred at work, then there is an additional layer of complexity that comes with worker’s compensation. In order to determine your best course of action, it is important to contact an experience slip and fall attorney who can more thoroughly explain your specific situation and how to move forward.
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Common Slip and Fall Accidents
While there is no such thing as a “routine” slip and fall, there are a few common ways in which they happen. A few of the more common slip and fall incidents include:
Convenience or Grocery Store
Convenience stores are often crowded with food and beverages, and spills are common. For example, the coffee machine at a 7-11 may run over and lead to excess liquid on the floor, and if it is not cleaned up quickly, slippery conditions can certainly lead to injuries.
Homes or other types of residences often have different types of flooring that can become dangerous if not maintained properly. For example, a plank of a hardwood floor or a torn-up piece of carpet can present themselves as tripping hazards that may lead to a lawsuit.
Depending on where you work and what you do, the risk of a slip and fall may be a constant threat, or it may be simply an afterthought. However, there is no such thing as a workplace that is completely safe. According to data collected by the Bureau of Labor Statistics, in 2014, over 250,000 individuals missed at least a day of work due to a slip and fall, and 798 workers actually died from such falls.
What to Do After a Slip and Fall Accident
If you have experience and accident in a public place or other person’s property, it is important that you complete a few key steps in order to preserve any possible chance at compensation that you may have.
1. Report the Incident to Management
After an accident, it is important that you report what happened and why it happened to the person in charge. This will look different depending on where the incident occurred. For example, if the slip and fall injury occurred because of a spill in a grocery store aisle, find the manager on duty at the time and report the incident to them.
2. Document the Accident
It is difficult to determine at the outset of a case what facts may end becoming important. Thus, it is important to thoroughly document the facts surrounding a slip and fall as soon as possible. Take pictures of the location where the accident occurred, taking special notice of the dangerous conditions. In addition, write down what you remember about what happened immediately before and after the incident.
3. Seek Medical Attention
Keeping yourself healthy and preventing any further injuries after a slip and fall is very important. Thus, it is critical that you seek medical attention as quickly as possible. Determine if emergency attention is required at the scene, keeping in mind that the adrenaline associated with a slip and fall can sometimes mask the pain of injuries, making them seem less serious than they actually are.
4. Contact an Austin Premises Liability Attorney
The legal process is long and complicated, and there are many mistakes that you can make if you are inexperienced in the area of slip and fall injuries. Thus, it is critical to contact an experienced attorney as soon as possible. A good attorney will guide you through the legal process and help you seek maximum compensation.
Accidents in public places on other people’s property vary in type and severity, which means that the injuries that result also vary in type and severity. However, a few of the more commonly suffered injuries include:
Head injuries can be very serious, and even a minor head injury should be treated as a medical emergency. Minor concussions will usually clear up on their own, but more serious injuries can impair your ability to function in the future. Use extreme caution when dealing with a head injury following a fall.
Spinal Cord Injuries
These types of injuries usually occur when the spine is compressed as a result of landing on your back or rear. Spinal cord injuries can be very costly to treat and can require extensive medical attention to fully address.
Broken bones can range from minor fractures to severe breaks that require extensive medical attention. In addition, the tissues around the bones can be damaged, requiring extensive treatment to restore full function.
Making a Claim
The legal process for making a injury claim is complicated, but every claim can generally be broken down into a few steps:
1. Contact an Attorney
Finding an experienced attorney at the outset is critical. An attorney can analyze your specific situation and, if the facts merit a claim, help you seek maximum compensation for your injuries.
2. Research and Investigate
Once you have hired an attorney and they have determined that your case is worth pursuing, they will begin to gather the necessary information. This includes things like interviewing witnesses, reading medical reports, and analyzing any camera footage that may be available.
Once your attorney has a handle on the case, they can begin to negotiate for the best possible settlement from the opposing party or parties.
If you have been injured in an accident, one of your most pressing questions is probably, “How much is my case worth?” There is a lot that goes into to the final amount of compensation, but damages can generally be broken down into two categories:
1. Economic Damages
Damages in this category include things like medical bills, lost wages, and incidental expenses such as gas for transportation to doctor’s appointments. Damages in this category can typically be proven to a reasonable degree of certainty.
2. Non-Economic Damages
Non-economic damages usually refer to the pain and suffering that result from an injury. While the economic value of pain and suffering may be difficult to pinpoint with any degree of certainty, they are certainly still compensable in a personal injury case. In addition, workers’ compensation can provide another source of money if the accident took place at work.
Legal Time Limits
For any personal injury case, there exists a legal time limit within which the case must be brought, also known as the statute of limitations. If a case is not brought within this time limit, then it typically will be dismissed unless there is good reason for the delay.
In Texas, the statute of limitations for premises liability cases is 2 years, meaning that a lawsuit must be filed within 2 years of the incident to comply with the statute. In addition, there may exceptions if the injured party is a minor or the incident resulted in a death. It is advisable to contact an attorney as quickly as possible to make sure that your case is not dismissed because of a statute of limitations violation.
Our Premises Liability Lawyers are Here to Help
A premises liability or slip and fall lawyer from Zinda Law Group can provide you with the most compassionate representation in your case. Our firm has extensive knowledge in Texas and Austin premises liability laws, as well as experience in the courtroom.
- We proudly serve clients in Austin and throughout Texas.
- We offer free case evaluations
- There is no cost to you unless we recover
- Our firm will treat you with dignity and respect no matter the size of your case
- Personal, professional, & proven legal representation
Call 800-863-5312 to get help and a free premises liability attorney consultation today. We look forward to helping you.
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AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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