Dangerous Premises (Premises Liability) Attorney San Antonio Texas
Have you been injured due to an unsafe condition on someone else’s premises? If so, you may have a premises liability claim. Whether it is a business or private property, Texas law requires that the owner owes you a duty to eliminate all dangers or risks or at the very least the property owner must post signs warning of any danger or risk of injury.
Property owners should be held responsible for their negligence in not eliminating or giving notice to known dangers. Your personal safety should be the last thing on your mind when you enter a business as a patron. The premise owner should be held liable when they have a conscious disregard for the safety of their customers or guests.
Accidents that are subject to premises liability involve dangerous conditions caused by:
- Inadequate maintenance/Landlord negligence
- Lack of security/Negligent security
- Failure to correct hazards such as puddles or debris on floors
- Building Code violations on the premises
- Failing objects such as merchandise at retail stores or objects at construction site
- Inadequate lighting
- Uneven surfaces
- Lack of warnings
- Damaged/rotten balcony, stairs, decking, etc.
- Defective elevators/escalators
- swimming pool accidents
- Dog bites or being attacked by the owner’s dog
In Texas, there are three types of visitors that may hold the property owner liable if they are injured because of negligent property owner (premises liablity).
- Invitees – An invitee is a person who enters the premises with the owner’s knowledge for the mutual benefit of both the invitee and owner. The property owner owes the invitee a duty to exercise ordinary care to protect them from not only those risks of which the owner is aware but also those risks the owner should be aware after reasonable inspection.
- Licensees – A licensee is a person who enters the premises with the owner’s permission but does so for his own convenience or the licensee is on business for someone other than the owner. The property owner must use ordinary care to either warn the licensee of or make reasonably safe a dangerous condition of which the owner is aware.
- Trespassers – A trespasser is a person who enters the premises of another without lawful authority, permission, or invitation. The property owner only owes this visitor a legal duty not to injure him willfully, wantonly, or through gross negligence.
Pursing a Premises Liability Claim
A visitor can pursue a claim against a negligent premise owner if the visitor suffered actual damages caused by a dangerous or hazardous condition.
Steps to pursing a Premises Liability Claim:
- Determine whether the property owner knew of the dangerous condition(s) or should have known of the dangerous condition(s) that led to the accident or injury.
- Determine whether there was negligence that caused the accident or injury. It must be determined that the premises owner did not fulfill his duty to provide and/or maintain a safe environment.
- Determine whose negligence actually led to the injuries. It must be determined that the premises owner’s negligence was the cause of the injuries.
If you or a loved one have been injured because of a dangerous or hazardous condition on someone else’s property, contact Amanda L. James Law to discuss your options and legal rights. I will work closely with you and review your situation to determine whether you have a premises liability claim against the property owner.
Call me at (210) 598-8286 or contact me online today so that I can help make this stressful time easier for you. I am dedicated to getting you the compensation and justice you deserve. I serve San Antonio and surrounding areas including Boerne, Kerrville, Fredericksburg, Canyon Lake, New Braunfels and the Texas Hill Country.