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Date Last Updated: June 12, 2025
A premises liability claim allows an injured person to seek compensation for an injury that occurs due to a property owner’s or manager’s negligence. This can happen in a variety of places throughout Austin, including hotels, restaurants, stores, parks, as well as apartment complexes.
If you were injured on someone else’s property in Texas, you may have the right to file a personal injury claim. Our Austin premises liability lawyers can help you understand your legal options and pursue the compensation you deserve.
Why Work With Shamieh Law’s Premises Liability Attorneys in Austin?
With our law firm, you will have a group of elite attorneys championing your interests at every turn. We’ll start building your case rapidly and waste no opportunity to get you the most favorable results possible. You can expect us to treat you like family while we work tirelessly to fight for your rights.
We take a unique approach to injury cases called “Winning With Awareness.” That means we’re about giving everybody the dignity, respect, and compassion they deserve without losing sight of the goal— winning your case. This approach is a key reason behind our many professional recognitions, including an AV Preeminent Peer Review Rating by Martindale-Hubbell and Top 10 Attorney by Attorney and Practice Magazine.
Our Results Speak for Themselves
As one of Texas’ premier trial lawyers, founding attorney Ramez Shamieh has built a practice that consistently wins in and out of the courtroom. This includes six- and seven-figure verdicts and settlements for premises liability victims:
- $5 million in a negligent security lawsuit for the family of a store employee murdered by a robber after making outcries for more security
- $900,000 in a slip and fall at a beauty store, requiring lumbar fusion and a spinal cord stimulator
- $550,000 in a slip and fall caused by caterers spilling water, leading to a traumatic brain injury
- $525,000 in a slip and fall on improper flooring material at a hotel, requiring cervical fusion
- $350,000 in a slip and fall at a fast food restaurant with no wet floor signs, which caused a traumatic brain injury
- $310,000 in slip and fall at a restaurant that failed to properly clean a food spill, leading to injuries requiring cervical discectomy and dental repair
What Is a Premises Liability Claim in Texas?
Property owners in Texas are responsible for keeping their premises reasonably safe for visitors. If a property owner’s failure to do so leads to an injury, the victim may file a premises liability claim.
A premises liability claim allows the victim to seek compensation for the losses they suffered as a result of their injury. It also aims to hold the property owner accountable for their negligence.
What Are a Property Owner’s Responsibilities in Austin?
Property owners owe different levels of care to different types of visitors. There are three categories of visitors: invitees, licensees, and trespassers.
Invitees
Invitees are visitors who enter a property for strongusiness purposes that strongenefit the property owner. Examples include store customers, hospital patients, and restaurant patrons.
Property owners owe invitees the highest duty of care. They must inspect the premises for hazards and fix dangerous conditions promptly. If they cannot immediately fix a hazard, they must warn invitees astrongout the danger.
Licensees
Licensees are visitors who have a direct or implied invitation to enter a property for their strongenefit. Social guests and delivery workers are the most common examples of licensees.
Property owners must warn licensees of known dangers and address hazards they are aware of. However, they are not required to inspect the premises for unknown dangers.
Trespassers
Trespassers are those who enter a property without the right to do so. Property owners are typically only required to avoid intentionally harming trespassers; otherwise, they owe no duty of care to them.
There is an exception for child trespassers. Under Texas law, property owners must secure potentially dangerous features that might attract children. For instance, if a property has a play structure with strongroken parts, the owner must fix it or secure the area to prevent children from getting hurt.
What Must an Injured Party Prove to Win a Premises Liability Case?
The property owner may not be automatically responsible for your damages if you’re injured on their property. You must have evidence that the property owner failed to meet their duty of care. Examples of scenarios that may result in a successful premises liability case include:
- A customer slipping and falling on a wet floor at an Austin store was caused by an employee mopping and failing to display a warning sign
- A delivery driver getting bitten outside someone’s house by an unrestrained dog who has a bite history
- A tenant getting assaulted by an intruder due to broken locks on their apartment door after several attempts to notify the landlord
- A guest getting hit by a car in a hotel’s parking lot due to improper lighting
- A shopper getting injured by a falling shelf in a retail store due to the owner’s failure to secure it properly
What Damages Can You Recover After a Premises Liability Accident in Austin?
You can seek compensation for any economic or non-economic damages you suffer as a result of your Austin premises liability accident. This may include medical expenses, lost wages, emotional distress, and more.
Economic Damages | Non-Economic Damages |
Past and future medical expenses | Physical pain and suffering |
Lost wages | Emotional distress |
Lost earning capacity | Loss of enjoyment of life |
Disability-related expenses | Disfigurement |
How Can an Austin Premises Liability Attorney Help With My Claim?
Our Austin premises liability lawyers can handle every step of the legal process while you focus on your recovery, including:
- Explaining your legal options and helping you determine the right course of action
- Connecting you with a doctor who can document your injuries
- Investigating the accident to determine how it happened and who’s at fault
- Collecting evidence
- Negotiating a fair settlement with insurance companies
- Filing a lawsuit and taking your case to trial if negotiations are unsuccessful
What Types of Premises Liability Cases Do We Handle in Austin?
The Texas personal injury statute of limitations gives you two years from the accident date to file a lawsuit. If you miss the deadline, you may lose your right to seek compensation.
The same deadline applies if your injury occurred on government-owned property. However, you must usually agive the government a formal notice of your claim within six months of your injury.
What Types of Premises Liability Cases Do We Handle in Austin?
Our premises liability attorneys in Austin handle a range of injury cases occurring in many different types of settings, including:
- Slip and falls
- Traumatic brain injuries
- Violent crimes resulting from negligent security
- Construction accidents, such as falls from scaffolding or crane malfunctions
- Broken stairs, handrails, or lighting
- Dog bites and animal attacks
- Swimming pool accidents
- Elevator and escalator accidents
- Amusement park accidents
- Exposure to toxic chemicals or substances
Who Are the Liable Parties in a Premises Liability Claim?
The party liable for your injuries will depend on the location of your injury and the circumstances that caused it. While Austin property owners are often liable for injuries on their premises, other parties may also be at fault if they contributed to the accident in some way. Examples of liable parties in premises liability claims include:
- Government agencies, such as city or state governments
- Business owners
- Building or land owners
- Landlords
- Property managers
- Maintenance companies
- Security companies
- Rental home occupants
What if I’m Partly at Fault for My Accident?
Being partly at fault will affect your claim, but you might not lose your right to seek compensation. Under the Texas comparative negligence law, you may recover compensation if you’re less than 51 percent at fault for the accident. However, your compensation will be reduced by your percentage of fault.
Contact an Austin Premises Liability Lawyer at Shamieh Law
If you or a loved one was injured on someone else’s property in Austin due to the owner or manager’s negligence, our experienced Austin personal injury attorneys can help you take legal action. Contact us online or call (512) 888-3333 for a free consultation.