Premises liability is the legal foundation for your right to feel safe when visiting someone else’s property, notes mhnproperties.com. The law states that property owners have a duty to maintain safe conditions in their spaces. San Antonio is a well-known city in Texas, United States. In San Antonio, this premises liability responsibility extends to a variety of places, including restaurants, offices, homes, apartment buildings, and even sidewalks in front of businesses.
If a property owner in San Antonio fails to maintain a safe environment and you get hurt, you may have the right to take legal action under a premises liability claim. This kind of case is based on the idea that the property owner should have prevented the accident by fixing known hazards or at least warning people about them.
If you’ve been injured and believe a property owner’s negligence is to blame, the next step is speaking with a premises liability attorney in San Antonio. They can help you understand your rights and whether your case meets the legal requirements in Texas. Now, here are the 5 things you need to know if you’ve been a victim of premise liability accidents in San Antonio or anywhere else:
1. What Makes a Premises Liability Claim Valid?
There are a few things that need to be clearly proven to have a valid premises liability case. First, the property owner had to be aware (or should have been aware) of the dangerous condition of the property. Second, they must have failed to fix it or didn’t warn you about it in time. And lastly, your injuries must have been directly caused by that unsafe condition.
Let’s say you slipped on a wet floor in a store, and there were no warning signs. If that spill had been sitting there long enough that a manager or employee should have cleaned it up, and you got hurt, that could qualify as a premises liability claim.
However, the case becomes more complex if you are somewhere without permission (maybe you were trespassing). Property owners don’t owe trespassers the same level of care as they do invited guests or customers, although there are exceptions, especially if children are involved.
2. Who Can Be Held Responsible for Your Injuries?
In most cases, the person or company that owns the property is responsible. However, responsibility can also fall on others, e.g., tenants, business operators, maintenance workers, or contractors, depending on who has control over the dangerous area. The key question is who had the legal obligation to fix the problem or keep you safe.
3. What Types of Accidents Can Lead to a Claim?
Premises liability cases cover a wide range of accidents. Some of the most common include slipping on wet floors, tripping over uneven walkways, falling down poorly lit stairs, or getting injured due to faulty handrails, broken steps, or loose floor tiles. There are also cases involving inadequate security, where someone might be assaulted in a dark or poorly monitored area of a building.
Other examples include dog bites, playground accidents, swimming pool injuries, or even injuries caused by falling objects or exposed wiring. The key factor in all of these is whether the danger was preventable and whether the property owner took proper steps to prevent it.
4. What Kind of Compensation Can You Get?
If your premises liability claim is successful, you could be entitled to damages. In Texas, these are split into two categories:
- Economic damages
These are your financial losses. They can include medical bills, hospital stays, surgeries, physical therapy, or lost wages if you have to take time off work. It’s all about the actual money you’ve had to spend or lost because of the injury.
- Non-economic damages
These cover the physical pain, emotional distress, and impact on your daily life. Maybe you’re dealing with chronic pain or can’t enjoy your hobbies anymore. These damages are harder to calculate but are just as real. In Texas, there are generally no limits on how much you can be awarded for these unless your claim is against a government agency.
5. What If You Were Partly At Fault?
Texas follows what’s known as the comparative negligence rule. That means if you were partly to blame for your own injuries, your settlement could be reduced. For example, if you were texting while walking and didn’t see a hazard, a court might find you 30% at fault. In that case, you’d only get 70% of the total settlement amount.
But if you’re more than 50% responsible for what happened, you won’t be able to recover anything at all. This is why it’s crucial to have a lawyer who can build a strong case showing that the majority of the blame lies with the property owner.
