When Property Owners Fail Their Duty of Care in Austin

If you’ve been injured on someone else’s property in Austin due to unsafe conditions, an Austin premises liability attorney is essential. Texas law requires property owners to keep their premises reasonably safe for visitors. When they fail this duty, you can seek compensation for your damages.

Key reasons to hire an Austin premises liability attorney:

Prove negligence: Show the owner knew (or should have known) about the danger.
Steer Texas law: Understand your rights based on your visitor status.
Fight insurance companies: Counter tactics used to deny or reduce your claim.
Meet deadlines: File your claim within the two-year statute of limitations.
Maximize compensation: Recover damages for medical bills, lost wages, and pain and suffering.

Accidents happen daily across Austin, Round Rock, and Cedar Park. From a slip and fall in a grocery store to an injury from poor security at an apartment complex, Texas law provides a path to compensation. Proving a property owner breached their duty of care is complex.

“In Texas, when a property owner allows others onto their property, the law requires them to make sure that the property is reasonably safe,” according to established legal precedent. The strength of your case depends on your legal status as an invitee (like a shopper at The Domain), a licensee (a social guest), or a trespasser, as each is owed a different level of protection under Texas law.

Common Austin premises liability attorney vocab:

Understanding Premises Liability in Austin, Texas

Premises liability is the legal responsibility of property owners in Austin, Cedar Park, and Round Rock to keep their spaces reasonably safe. If you slip on a wet floor in a Georgetown grocery store or trip on broken pavement at a Pflugerville apartment complex, the owner may be liable for your injuries.

Texas law places a duty of care on them to fix or warn visitors about potential dangers. The foundation of any claim is negligence. As your Austin premises liability attorney, we must prove the owner had a duty, breached it, that the breach caused your injury, and that you suffered damages. Property owners in Austin who fail to meet maintenance standards and address known hazards face potential liability.

The Crucial Role of Visitor Status: Invitees, Licensees, and Trespassers

The level of protection you receive depends on why you were on the property. Texas law divides visitors into three categories:

Invitees receive the highest protection. These are customers or others on a property for mutual benefit, like shoppers at The Domain on South Congress. Owners must actively inspect for, repair, and warn of dangers.

Licensees are social guests, such as someone attending a barbecue at a friend’s home in Round Rock. Owners must warn them of known dangers but don’t have the same duty to inspect as they do for invitees.

Trespassers get the least protection, as they are on the property without permission. However, owners cannot intentionally harm them.

A key exception is the attractive nuisance doctrine, which protects children. If something like an unsecured swimming pool or trampoline in Cedar Park attracts a child who then gets hurt, the owner may be liable. The law recognizes that children may not understand the risks.

More info about Premises Liability.

Common Premises Liability Accidents in the Austin Area

We see many common accidents in Central Texas:

Slip and fall accidents: Caused by spills, wet floors, or icy walkways in restaurants and stores.
Trip and fall accidents: Resulting from debris, loose carpeting, or unmarked changes in elevation, often causing broken bones.
Negligent security: Inadequate lighting or security personnel in places like downtown Austin parking garages or apartment complexes, leading to criminal acts.
Dog bites and animal attacks: Occurring when owners fail to control known aggressive animals in local parks or neighborhoods.
Swimming pool accidents: Often involving children and unsecured pools, triggering the attractive nuisance doctrine.
Elevator and escalator accidents: Due to malfunctions or poor maintenance in commercial buildings.
Falling debris: Common on construction sites or in retail stores with improperly stacked merchandise.

The Definitive Guide to Finding an Austin Slip and Fall Lawyer.

Building Your Premises Liability Case: Key Legal Problems in Texas

Building a strong premises liability case in Texas means fighting property owners and their insurance companies. Their goal is to pay you as little as possible. They may offer a quick, low settlement, try to shift blame, or ask for a recorded statement to use against you.

These tactics work because most people don’t know their rights. As your Austin premises liability attorney, we have seen these strategies countless times across Central Texas, from Austin to Cedar Park, and we know how to counter them.

Proving Negligence and Overcoming Defenses

To win a premises liability case, we must prove four legal elements:

Duty of Care: The property owner owed you a legal responsibility to keep their premises reasonably safe. This duty of care varies depending on your status as an invitee, licensee, or trespasser.
Breach of Duty: The owner failed to act as a reasonable property owner would, such as not fixing a known hazard in their Cedar Park apartment complex.
Causation: The property owner’s negligence directly caused your injuries.
Damages: You suffered real losses, including economic damages like medical bills and non-economic damages like pain and suffering.

A common defense is that the hazard was “open and obvious.” However, even a visible hazard doesn’t automatically clear the owner. We can argue it was unavoidable or that you were reasonably distracted. Proving the owner knew or should have known about the danger is key, and we do this by gathering maintenance logs, security footage, and witness statements. If your injury claim has been denied, don’t give up.

Injury Claim Denied? Injury Lawyer in Austin.

Texas’s Comparative Negligence Rule Explained

Texas uses a “modified comparative negligence” rule, also known as the “51% bar rule.” You can recover damages only if you are found to be less than 51% responsible for the accident. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.

For example, if you have $80,000 in damages from a fall in a Round Rock shopping center but are found 25% at fault for texting while walking, you can recover 75% of your damages, or $60,000. Insurance companies will try to push your percentage of fault over 50% to avoid paying anything. We fight to protect you from this tactic.

Texas modified comparative negligence laws.

The Statute of Limitations for an Austin Premises Liability Attorney

In Texas, you have a strict two-year deadline from the date of your injury to file a premises liability lawsuit. This is called the statute of limitations. If you miss this deadline, you lose your right to seek compensation forever, no matter how strong your case is.

Evidence like security footage and witness memories can fade quickly, so it is crucial to act fast. An experienced Austin premises liability attorney can evaluate your situation and ensure your claim is filed on time. Don’t wait to contact a lawyer.

Texas statute of limitations.

Steps to Take After an Injury on Someone’s Property in Austin

Getting hurt on someone else’s property in Cedar Park or Austin can be disorienting. What you do next can make or break your potential legal claim. Every photo you take and every decision you make becomes a piece of the puzzle that an Austin premises liability attorney will use to fight for you.

Immediate Actions at the Scene

Your first priority is your health. Once you’ve addressed immediate medical needs, it’s time to gather evidence.

Seek Immediate Medical Attention: Even if you feel “fine,” adrenaline can mask serious injuries. Getting care right away also creates an official record linking your injuries to the accident.
Report the Incident: Inform the property owner or manager in Austin or Georgetown. Ask them to fill out an incident report and get a copy. This creates a paper trail.
Document the Scene: Use your smartphone to take photos and videos of the dangerous condition, your injuries, and the overall area, including any missing warning signs.
Collect Witness Contact Information: Get names, phone numbers, and email addresses from anyone who saw what happened. Their testimony can be crucial.
Do Not Admit Fault: It’s natural to say “I’m sorry,” but resist. Stick to the facts. Innocent comments can be twisted later to suggest you caused the accident.

Protecting Your Claim After the Accident

What you do in the following days is just as important.

Follow All Medical Advice: Go to every appointment and complete all recommended therapy. Skipping visits gives insurance companies ammunition to argue your injuries weren’t serious.
Keep Detailed Records: Save everything related to your injury: medical bills, prescription receipts, and documentation of lost wages.
Avoid Posting on Social Media: Insurance adjusters use social media posts to argue that injured people aren’t really hurt. Keep your accounts private.
Do Not Give a Recorded Statement to Insurers: The owner’s insurance company will likely call. Politely decline to give a statement until you’ve spoken to a lawyer. These are designed to get you to say something they can use against you.

What to Do If You’re Injured in a Slip and Fall Accident in Austin.

How an Austin Premises Liability Attorney Can Maximize Your Compensation

When you’re hurt on someone else’s property, the aftermath is overwhelming. Medical bills pile up, you miss work, and insurance adjusters try to minimize your claim. This is when an Austin premises liability attorney becomes your strongest ally.

At Gibbs & Crivelli, we’ve spent decades fighting insurance companies across Central Texas. We know their playbook and our mission is simple: get you every dollar you deserve. We work on a contingency fee basis, which means you pay us nothing unless we win your case. This allows you to focus on recovery while we handle the legal battle.

Calculating the Full Value of Your Damages

Your case is worth far more than just your current medical bills. A skilled Austin premises liability attorney documents every way the accident has impacted your life.

Economic Damages: These are tangible costs, including all past and future medical expenses, lost wages, and loss of future earning capacity. We track every expense, down to gas money for doctor appointments in Round Rock.
Non-Economic Damages: These compensate for intangible losses like your pain and suffering, emotional distress, and loss of enjoyment of life—the inability to enjoy hobbies or time with family, which are recognized and compensable under Texas law.
Punitive Damages: In cases of extreme negligence, such as ignoring multiple complaints about a hazard, Texas law allows for punitive damages (also called exemplary damages) to be awarded to punish the property owner.

The Role of Your Attorney in the Legal Process

From our first free case evaluation, we take the legal burden off your shoulders.

Investigation: We conduct a comprehensive investigation, gathering evidence like security footage from a Temple shopping center or maintenance records from an Austin apartment complex. We work with experts to build an airtight case.
Negotiation: We handle all communication with the insurance company, leveraging our knowledge of Texas premises liability verdicts and settlements to negotiate aggressively for a fair settlement.
Litigation: If the insurance company won’t be fair, we are ready to take your case to trial in Travis, Williamson, or other Central Texas county courts. Our extensive trial experience is a significant advantage, and insurance companies know we mean business.

Legal Representation Injury Lawyer in Austin.

Frequently Asked Questions about Austin Premises Liability Claims

When you’re dealing with an injury on someone else’s property, legal questions can be overwhelming. We’ve helped countless families across Austin, Round Rock, and Cedar Park, and we understand your concerns. Here are answers to some of the most common questions we hear.

Is the property owner always liable for injuries on their property in Austin?

No, liability is not automatic. We must prove the property owner was negligent—that they failed to act as a reasonable owner would under similar circumstances. If you trip over your own shoelaces in a well-maintained store in Georgetown, the owner is likely not at fault. However, if you slip on a puddle that was ignored for hours, they may be liable. Your visitor status and any comparative fault on your part are also key factors.

What if the hazard was “open and obvious”?

This is a common defense tactic, but it does not automatically bar your recovery. An attorney can argue that the hazard, while visible, was effectively unavoidable, or that the property owner created a distraction that drew your attention away. The owner may still have had a duty to repair a known, obvious danger, especially in a high-traffic area like a business entrance in Round Rock.

How much does it cost to hire a premises liability lawyer?

Most premises liability attorneys, including our team at Gibbs & Crivelli, work on a contingency fee basis. This means you pay absolutely no upfront costs or fees. We only get paid a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing. This system allows everyone in our Central Texas communities, from Austin to Temple, to access experienced legal representation without financial risk while they focus on recovery.

Contact an Experienced Austin Premises Liability Lawyer Today

When a property owner’s negligence in Austin, Cedar Park, or Round Rock leaves you with pain, medical bills, and lost wages, you don’t have to fight alone. Texas premises liability law is complex, and insurance companies have teams dedicated to denying your claim.

At Gibbs & Crivelli, we have fought for victims across Central Texas—from Georgetown to San Marcos—for more than 30 years. We know the insurance companies’ tactics and are not afraid to take them on. Our extensive trial experience means we are always prepared to go to court if that’s what it takes to get you fair compensation. Insurance companies know this, and it makes a difference.

We work on a contingency fee basis—you pay nothing unless we win. The two-year statute of limitations in Texas is strict, and evidence can disappear quickly. Don’t wait to protect your rights.

Your injuries deserve more than a brush-off from an insurance adjuster. Contact us today for a free, no-obligation consultation with an experienced Austin premises liability attorney. Let us evaluate your case and show you what real advocacy looks like.

Schedule a free case review with our Austin slip and fall lawyers.

Austin Premises Liability Lawyer: Expert Guidance for Your Case