Austin Premises Liability Attorney
Holding Negligent Property Owners Accountable
If you or a loved one suffered a serious injury on someone else's property, you are not just a victim of an "accident"—you are likely the victim of negligence. Whether it was a slip and fall at a downtown business, an injury from unsafe conditions at an apartment complex, or a dog attack in an Austin neighborhood, the property owner had a duty to keep you safe.
Now, you face a fight against a property owner and their powerful insurance company, whose only goal is to deny your claim and pay you as little as possible. At Smith & Vinson Law Firm, we believe in holding them accountable. Our award-winning trial lawyers fight to recover the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.
You pay us nothing unless we win your case. Call (512) 359-3743 today for a free, confidential consultation.
Why Trust Smith & Vinson Law Firm With Your Premises Liability Case?
When you are in a fight against a major insurance corporation, you need a law firm that isn't afraid to go to court. Our reputation as aggressive trial lawyers is our greatest strength.
- We Are Trial Lawyers, Not a Settlement Mill: Insurance companies have two lists: one for lawyers who take the first lowball offer and one for lawyers who will actually go to trial. We are on the second list. We prepare every case for a jury, which gives us the leverage to demand a full and fair settlement.
- We Have a Record of High-Value Results: We have recovered millions of dollars for injured clients, including a $2.5 Million personal injury settlement and an $810,000 wrongful death result. Our track record proves we have the skill and resources to win complex injury cases.
- We Hold Powerful Insurers Accountable: Our firm is built on taking on and beating powerful opponents. We bring that same "fearless" energy to your personal injury claim, leveling the playing field against the insurance giants.
- You Pay Nothing Unless We Win: We handle all premises liability cases on a contingency-fee basis. There are no upfront costs. We front all expenses for the investigation and your case, and we only get paid if we successfully recover compensation for you.
Contact an Austin Premises liability Lawyer Today
The insurance company is already building its case against you. You need a team of aggressive trial lawyers to build a stronger one for you.
Reach out to Smith & Vinson Law Firm now for a free, confidential consultation. We will answer your questions, review your options, and explain how we will fight for you.
Call (512) 359-3743 or contact us online to take the first step. You pay us nothing unless we win.
If you've been hurt due to someone else's negligence—whether in a car accident, slip and fall, or workplace incident—you may have a right to compensation.
Premises Liability in Texas: What You Need to Know
In Texas, property owners have a legal duty to maintain their property and ensure it is reasonably safe for visitors. When they fail in this duty, and you get hurt as a result, they can be held liable for your damages.
Common premises liability claims in Austin include:
- Slip and Falls from wet floors, food spills, or leaking AC units
- Trip and Falls over uneven pavement, broken stairs, or unseen obstacles
- Negligent Security (e.g., poor lighting, broken locks, no security) leading to an assault
- Dog Bites and animal attacks
- Apartment Complex Injuries from broken railings, unsafe sidewalks, or pool accidents
- Falling Objects in retail stores
Critical Legal Hurdles in Your Claim
Insurance companies will try to deny your claim based on complex Texas laws. Our job is to overcome these hurdles.
- Your Visitor Status: Your rights depend on why you were on the property.
- Invitee: (e.g., a customer in a store, a guest at a restaurant). Owners owe you the highest duty of care. They must fix known dangers and inspect for unknown dangers.
- Licensee: (e.g., a social guest at a friend's house). Owners must warn you of or fix known dangers.
- Trespasser: Owners generally only owe a duty not to intentionally harm you (with exceptions for children).
- The Owner's Knowledge: We must prove the property owner knew, or should have known, about the dangerous condition and failed to fix it or warn you.
- Comparative Fault: The insurance company will try to blame you. Texas follows a "modified comparative fault" rule (or 51% bar). This means you can still recover compensation as long as you are not found to be 51% or more at fault for your own injury. Our job is to prove the owner was the one who was negligent.
Our Process: How We Fight for You
Our process begins with a free case evaluation and strategy session where we will listen to your story, review the evidence, and give you an honest, clear assessment of your case and your legal options. From there, we launch an immediate investigation to preserve critical evidence before it disappears, which includes sending legal notices for surveillance video, photographing the hazardous condition, and interviewing witnesses.
While we build your case, our team works closely with you and your doctors to calculate the full value of your claim, including all current and future medical bills, lost wages, and the full extent of your pain and suffering. Finally, we move to aggressive negotiation and litigation, sending a powerful demand package to the insurance company. We negotiate from a position of strength, and if they refuse to pay what your case is worth, our trial lawyers will file a lawsuit and take them to court.
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Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
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Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
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Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
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Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.
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Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
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Motion to Suppress Granted; Case Dismissed DWI 2nd .209
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
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Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
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NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
Texas Criminal Appeals FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 512-359-3743 today!
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Expungement is a legal process that can remove certain charges from your record, making it as if they never occurred. In Texas, eligibility for expungement depends on the specifics of the charge and its outcome. Certain eligible offenses include dismissed cases, certain juvenile illegal activities, and acquitted charges. If you are eligible, the process typically involves filing a petition with the court and attending a hearing. It's important to consult with a knowledgeable theft attorney to understand your options and the likelihood of success in obtaining an expungement. Smith & Vinson Law Firm can guide you through this process to help clear your name and improve your future prospects.
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A theft conviction can have profound effects on your future, impacting your employment opportunities, educational prospects, and housing applications. Many employers conduct background checks and a conviction might raise concerns about trustworthiness. In terms of education, scholarships and financial aid can be at risk, especially if the program has moral conduct clauses. Additionally, landlords may be hesitant to rent to individuals with criminal records. You need a theft attorney on your side.
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Being falsely accused of theft can be distressing, but it is crucial to remain composed and seek legal counsel immediately. Document your version of events as soon as possible while the details are fresh in your mind. Collect any evidence that can support your claim, such as receipts, witness testimonies, or surveillance footage. Avoid speaking to law enforcement without a lawyer present, as anything you say can be used as evidence against you. Contact Smith & Vinson Law Firm to discuss how our theft attorneys in Austin can help build a strong defense to clear your name and protect your rights.
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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.
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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”- Taylor T.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.
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“I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”- Iayni M.
Frequently Asked Questions (FAQs)
Who can file a premises liability claim in Texas?
Anyone who is injured on another's property due to the owner's negligence may have a claim. Your rights primarily depend on your status as an invitee or licensee at the time of the injury.
What should I do after a slip and fall?
- Report the incident to the manager or property owner immediately and make sure they file an incident report (get a copy).
- Take photos and videos of the hazard that caused your fall.
- Get contact information for any witnesses.
- Seek medical attention immediately, even if you feel okay.
- Do not give a recorded statement to the insurance company. Call an attorney first.
How does Texas law affect premises liability cases in Austin?
Texas law requires you to prove the property owner knew or should have known about the danger. Our comparative fault rule also means insurance companies will work hard to shift as much blame as possible onto you to reduce or eliminate their payout.
How long do I have to file a claim after an injury?
In Texas, the Statute of Limitations for most premises liability claims is two years from the date of the injury. If you wait longer, you will lose your right to file a claim forever. It is critical to act quickly.