San Antonio Premises Liability Lawyers

Imagine walking into the HEB grocery store in San Antonio. Suddenly, your feet fly out from under you, and you slam onto the floor. Your back and head hurt, and you have trouble getting up. Now you notice a puddle just inside the entrance, and you’re soaked. There wasn’t any Wet Floor or other warning posted.

This type of accident happens all the time across America. If you’re hurt on someone’s property because of a hazardous condition, you might be able to sue in a premise liability lawsuit.

San Antonio premises liability lawyers at Nix Patterson have an impressive record holding property owners liable for their negligence. They could help you receive fair compensation for your injuries and other damages, including lost earnings and pain and suffering.

What Is Premises Liability?

Premises liability is a legal theory that holds a property owner liable for accidents or injuries on their premises. In personal injury law in Texas, premises liability means the legal duty of the property owner or manager to ensure that people are safe when they enter the property.

In Texas, the property owner owes you a duty of care as a visitor on the property. There are three statuses for visitors to properties in Texas: invitee, licensee, and trespasser. The property owner doesn’t owe the identical duty of care to the trespasser as to a licensee or invitee. But there are exceptions where you still might file a claim even if you were trespassing. Your attorney can help you understand if that’s possible in your case.

If you were an invitee or licensee, state liability laws apply to most public and private property types. You could have a valid premises liability case if you were hurt in your neighbor’s home or yard, at a local store, and also on public property.

It might seem ‘obvious’ to you that you were hurt on someone’s property in Texas and that you are owed compensation. But Texas premises liability claims are complicated. A complete investigation of the circumstances of the accident is needed. Many factors can affect the claim’s validity, including the person’s status on the property, whether the owner knew or should have known of the danger, and if there were any signs of the hazard.

Furthermore, Texas has a comparative negligence law. This means that if the injured party was partially at fault for the accident, they may receive less compensation. You should have an experienced attorney to ensure you get the most compensation for your premises liability injuries.

What Are Common Types of Premises Liability Cases?

You may wonder if you have a valid premises liability case if you have injuries. There are many types of premises liability cases, but the following are most common in San Antonio:

Dog Attacks

Texans love dogs, but everyone should be safe from dog bites and attacks. Not all dog bite cases lead to a premises liability claim, but you could have a case if the owner knew or should have known the dog could bite.

Slip and Falls

This is the most common type of San Antonio premises liability claim. A slip and fall can happen in a personal residence, parking lot, sidewalk, or business or apartment building. Slip and fall cases often involve spilled products, broken handrails or steps, ice or snow on sidewalks or in parking lots, etc.

Premises Defects

If a property has a premises defect, it is a known hazard, such as an obstruction in a hallway that others have been injured by before. When there is a premises defect, the owner is likely liable because it shows they were aware of the defect but didn’t act.

Swimming Pool Accidents

Children are frequently injured or killed in private and public swimming pools. Because this type of claim often involves children at pools without their parent’s permission, negligence may have to be proven to show a lack of fences or pool coverings.

Dog Bites

If you are not trespassing on a property and are bitten by a dog, you could receive compensation in a premises liability claim. You also may have a case if you are bitten on public property. For example, if you are in McAllister Park in San Antonio and someone’s dog is loose and bites you, the owner may be found negligent.

Building Code Negligence

This kind of premises liability case may involve injuries because of features on a property that don’t meet city or state codes, such as faulty doors or steps.

Lack of Security

You could file a premises liability claim if you were injured at a commercial property and there wasn’t enough security. For example, if you were injured in a bar fight you didn’t cause, a lack of security in the bar could have contributed to the fight breaking out.

Lack of Lighting

Suppose you were hurt in a parking lot late at night because of ice after a storm. You might file a premises liability claim because there wasn’t enough lighting to see the ice forming in the parking lot or sidewalk.

If you had an accident not described above, you could still have a premises liability case in San Antonio. San Antonio premises liability lawyers can help you determine if there is a cause for legal action.

Protecting Your Rights as a Victim

A San Antonio personal injury lawyer can protect your victims’ rights and help you gather evidence to file a valid premises liability claim:

• The property owner was aware or should have been aware of the hazard that injured you.
• The property owner did not take action to address the hazard.
• The property owner was negligent, which contributed to your injuries.

If your case qualifies, you may receive compensation for medical bills, lost earnings, and pain and suffering. The property owner’s insurance policy typically covers premises liability damages. However, your attorney will need plenty of evidence to convince the insurance company that their client was at fault.

What Factors Can Affect a San Antonio Premises Liability Case?

The following factors can influence the validity of a San Antonio premises liability claim:

• Did the defendant own property? You must file the claim against the person or entity that owns the property. A common problem when people handle their premises liability claims is that they sue the wrong person or company. Your attorney will ensure that the proper party is served.
• Did the defendant fail to meet their duty of care? Once you show that the defendant owns the property, you must show that they didn’t warn you about a dangerous condition when you were hurt. You also must show that the owner would have known if they had done a better job managing the property.
• You were injured because of someone’s negligence. You must show that you were hurt because of the owner’s negligence. The best way to show it is with your medical records that prove the injuries and treatments. Your case is helped with testimony from your medical providers, eyewitnesses, and expert witnesses who can discuss the injuries and how they have affected you.
• Your status when you were hurt. Were you a licensee, invitee, or trespasser? You are owed the most care when you are an invitee.
• Did you know the property was dangerous? For instance, was it clear that the parking lot was icy because signs were posted and the owner had spread salt? Or was there ice in the parking lot without any warnings, and the owner hadn’t done anything to address the danger?

What Damages Can I Recover in a Premises Liability Case?

If you’re hurt on someone’s property, you could receive various compensation in a lawsuit. The law states that the property owner must take reasonable care to ensure that the property is free of hazards. If they don’t, you could receive damages.

Medical expenses are The most common damages in a premises liability case. Serious injuries, such as head trauma, broken bones, brain injuries, cuts, bruises, or burns, can cost tens or hundreds of thousands to treat. You could be entitled to money for your medical bills, ambulance expenses, surgery, hospital stays, prescription drug expenses, and rehabilitation costs.

You also could be due compensation for your pain and suffering from your injuries and treatments. For instance, you could receive compensation for burn injuries because of the pain from the burns and for skin graft surgeries.

Many accident victims also get compensation for lost earnings during their recovery. If your premises liability accident injuries prevent you from working, you could receive additional funds for losing your ability to earn a living.

A premises liability attorney can review your case and provide an estimate of potential damages. However, no one can say what the case is worth until there is a final settlement or case verdict.

What Should I Do if I Am Injured on Someone Else’s Property?

If you are hurt on someone’s property, you could receive compensation in a claim. However, the chances of a successful claim rise considerably if you take the following actions:

• Call 911 and get medical attention immediately. Getting prompt medical care will ensure your condition doesn’t worsen. Also, immediate medical assistance will help you file a claim later. Any delay in medical care could be used against you by the insurance company.
• Talk to the owner. Ensure that the party who owns or controls the property is aware of the injury.
• Take photos and videos of the hazardous conditions and surrounding area. It might be a spill on the floor, sidewalk ice, or merchandise falling on you. Whatever caused your injury, having photo or video evidence will bolster your claim.
• Collect the names of eyewitnesses to your injury and the condition that caused the injury. Take down their name and number and notes of what they saw.
• Speak to a skilled premises liability attorney in San Antonio promptly. The sooner you retain an attorney, the more likely the case will result in compensation.

Ensure you only talk to your lawyer, family, and doctor about the case. Posting about your case on social media can only do harm. Avoid posting on social media at all until your case is settled; the insurance company may monitor your social media feeds for evidence that you aren’t seriously injured.

Can You Strengthen Your San Antonio Premise Liability Claim?

Yes. You can do several things to improve your case potentially:

• Gather evidence. You must prove the owner was negligent, so all the evidence you collect will help your case. Take pictures and video of the accident scene, talk to witnesses, and take photos of your injuries.
• Tell the truth. If you were trespassing, don’t lie about it. Tell the truth to your attorney and to anyone involved in the case. It will be discovered and damage your case if you don’t tell the truth.
• Get immediate medical care. Getting quick treatment will help you when filing a claim later.
• Talk to an attorney sooner than later. Getting an attorney involved early on could improve your case’s prospects.

Doing these things may improve your ability to obtain compensation. Remember to turn over any evidence you gather to your attorney.

Statute of Limitations in a Premises Liability Claim

No matter how strong your case is, you only have a limited time to file a premises liability claim in Texas. You typically have just two years from the date of injury to file a premises liability claim. If you wait longer than two years, you probably forfeit your right to compensation.

Speak To Nix Patterson’s San Antonio Premises Liability Lawyers Today

When you enter someone’s personal residence or business, it’s reasonable to expect that you will be safe there. There shouldn’t be any hazards that can injure or kill visitors. Unfortunately, not every property owner is responsible.

Many visitors to personal and commercial properties are seriously injured in San Antonio every year. If this happens to you, you must take legal action promptly to receive fair compensation. A Nix Patterson premises liability lawyer may be able to help, so contact us today for additional information.