Premises Liability Violations
San Antonio Premises Liability Lawyer
When people legally enter a property, they have the right to basic safety. Property owners are responsible for maintaining safe conditions and checking for unseen hazards, under Texas premises liability law. Any property owner that fails to uphold this duty may be held legally liable for any injuries suffered as a result of their negligence. People may get hurt when a negligent act occurs or when property owners fail to exercise reasonable care. The property manager, owner, or lessee may be at-fault for any damages suffered if this happens. If you are injured on another person’s private, residential, or commercial property, contact a San Antonio premises liability lawyer at Janicek Law. Our experienced legal team will discuss the details of your potential case with you during a free consultation. Call 210-366-4949 today.
What Is Premises Liability?
Property owners must maintain safe facilities and land for permitted visitors. Premises liability arises when faulty, hazardous, or risky conditions contribute to a person’s injury and damages. These accidents often leave behind debilitating injuries such as broken bones, traumatic brain injury, or even wrongful death.
Personal injury law includes premises liability. Someone injured on another person’s property may pursue compensation from a property owner under this provision if dangerous premises conditions led to the injuries.
When discussing premises liability, those wishing to file a claim should know what the state considers “premises.” Premises includes every part of someone’s land, buildings, or improvements. This includes sidewalks, lawns, fencing, sheds, and more.
When determining if you have a premises liability case, you need to know whether you were on another person’s premises at the time of your injury. A San Antonio personal injury lawyer at Janicek Law is experienced with various types of premises, including businesses, boats, homes, swimming pools, and porches. Their knowledge helps ensure the best possible outcome in your case.
Injuries may occur on public property, such as an amusement park, stadium, grocery store, medical clinic, or movie theater. Claims involving public-use properties may involve a maintenance company, property manager, owner, or tenant. In some instances, more than one person or entity contributed to your accident. A premises liability attorney Texas will investigate your case and pinpoint the party or parties responsible for your injuries.
Common Premises Liability Accidents
Broken stairs, slippery floors, loose rugs and mats, and cracked sidewalks are examples of property defects that may lead to a visitor becoming seriously injured. Know that help and guidance are available at Janicek Law if you get hurt because of the negligence of a property owner. Our San Antonio super lawyers have helped numerous clients gain the compensation they deserve for their liability cases.
Some common types of premises liability dangers include:
Slips or trips and falls typically result when dangerous conditions exist on a property. This type of accident frequently occurs due to uneven sidewalks, wet floors, exposed cords, loose carpeting, and debris on the ground.
When swimming pools are missing proper safety precautions, accidents and drownings can occur. Pool owners and managers are responsible for ensuring proper supervision at their locations. This includes having CPR-certified lifeguards on staff at all times unless noted otherwise. Having trained personnel minimizes the risk of drowning, as well as slip and fall injuries, which are common due to the wet and slippery nature of the concrete surrounding the pool.
Dangerous access points should be blocked off so that children won’t find themselves in areas that should be off-limits. Additionally, property owners should always secure pools with warning signs, fencing, covers, or gates.
Dogs are considered personal property in Texas. With dog ownership comes the reasonable responsibility to keep the dog from harming or biting other people. A dog owner may be responsible if they knew (or had reason to believe) that their pet was aggressive but failed to take the proper measures to ensure visitor safety.
An owner may be at fault if an attack or robbery happens on their property if the premises did not have enough security. This is especially true when the property owner had reason to believe the event could occur, such as previously experiencing a similar accident on the same property.
Common Premises Liability Injuries
Premises liability injuries can occur anywhere, including residential, commercial, and private properties, especially when safety protocols aren’t followed by owners or management. The state of Texas requires grossly negligent property owners who fail to upkeep reasonable safety standards to assume liability for damages.
Premises liability injuries commonly include:
- Injured neck or spinal cord
- Scars and disfigurement
- Broken bones
- Catastrophic injuries, such as traumatic brain injuries or other head injuries, paralysis, or severed limbs that require amputation.
- Wrongful death
Reasons For Being on the Property
Another determining factor for premises liability claims is the reason that the injured person was on the property in the first place. Depending on the circumstances of your visit, the owner or manager’s legal obligation may vary. For the purpose of personal injury claims, visitors are grouped into three categories: licensee, invitee, and trespasser.
A licensee is someone on the property with the owner’s permission for their own non-commercial reasons.
An invitee is on the property with the owner’s consent for a mutually beneficial business purpose. Because invitees are guests, a property owner can be held responsible for safety threats they should have known existed.
A trespasser enters the property without permission or consent from the manager or owner. Property owners or managers owe trespassers a minimal duty of care.
What is Attractive Nuisance?
An attractive nuisance is basically a hazard on a piece of property that attracts children. For example, children are often attracted to possible hazards such as swimming pools, gravel pits, or construction sites because they don’t understand the risks associated with them. Under the law of attractive nuisance, property owners may be held liable for injuries sustained by trespassing children. Property owners must do everything possible to bar children’s access to a property, condition, or object. Locks, alarms, gates, and other barriers are examples of ways to protect children from an attractive nuisance.
What Do You Have to Prove in a Premises Liability Claim?
In order for premises liability cases to be successful, the claimant must prove that the property owner is responsible for the injuries sustained on their property. And, in order to prove this liability, one must show the following:
- The defendant controlled the property through ownership, a lease, or occupation.
- You were owed a duty of care by either the property owner, manager, or both.
- The owner chose not to take action to fix hazardous issues that they knew about or should have known about.
- This negligence caused an accident that resulted in your injury.
- You suffered damages as a result of your injuries.
Open and Obvious Hazards: A Premises Liability Exception
When a person is injured on a property, it isn’t always the property owner’s fault. There are some exceptions to Texas law. Open and obvious dangers are one of these exceptions.
The open and obvious danger defense serves as an exception to the premises liability rule in most states. What this means is that a property owner may be less liable or not liable at all for failing to warn about or fix an issue if it was open and obvious to a reasonable person. This defense relies on the idea that a visitor should have protected themselves from such obvious hazards.
An average person should see an open and obvious hazard. If you are hurt by a dangerous condition you should have noticed and avoided, such as bright blue juice spilled on a grocery store floor, the owner normally does not hold fault.
However, a customer with impaired vision may not be able to see an obvious danger. People have physical limitations and property owners must prepare for this.
Someone who is mentally or physically disabled should not be denied compensation for their injuries. If you feel that this situation applies to you, then you’ll need an attorney with extensive knowledge of Texas liability laws and experience fighting against an open and obvious hazard defense.
What Compensation Is Available for Injury Victims?
A San Antonio slip and fall lawyer can help injured victims secure compensation for the following economic and non-economic damages:
- Medical costs
- Future treatment expenses
- Lost wages and diminished future earning ability
- Pain and suffering
- Rehabilitative therapy
- Emotional distress
- Loss of consortium
Victims may be eligible for additional damages when certain factors are present in the case. Punitive or exemplary damages may be available to you if the property owner exhibited gross negligence, the negligence posed an unreasonable risk, or if they deliberately failed to exercise ordinary care. Punitive damages are levied to punish the defendant.
What Is the Texas Statute of Limitations on Premises Liability Claims?
The state of Texas typically allows two years for a premises liability claim. This period begins the day you are injured or discover you have been injured.
If you miss the deadline, the law may bar you from ever filing a claim. That’s why it’s crucial to act fast and contact a San Antonio premises liability lawyer about your claim today.
Call a San Antonio Premises Liability Lawyer For Legal Advice Today
The legal professionals at Janicek Law have extensive experience with premises liability law. We help our San Antonio clients successfully seek compensation after an accident caused by dangerous conditions on another’s property.
A San Antonio slip and fall lawyer will defend your legal rights when you’re hurt and help you recover damages from the responsible party.
We evaluate the facts of your claim during a free case review and plan the best method to achieve the outcome you deserve. If you were hurt due to another’s negligent upkeep of their property, please reach out to an experienced attorney at Janicek Law and establish your attorney-client relationship.
Set up your free consultation by calling (210) 366-4949. In addition to premises liability claims, our firm also represents cases involving nursing home abuse and neglect, San Antonio medical malpractice, car accident injuries, and 18-wheeler accidents.