Did you sustain injuries while visiting someone else’s property in San Antonio, TX? Texas property owners are legally required to maintain their property in a reasonably safe condition. If you were injured due to dangerous property conditions, an experienced San Antonio premises liability lawyer at George Salinas Injury Lawyers can help you fight to recover compensation for medical bills, lost wages, and more.
Our lawyers have over 110 years of experience between us. Over the years, we’ve used our skills and knowledge to recover hundreds of millions of dollars on behalf of our injured clients.
If you were injured, take action today. Contact our law offices at (210) 225-0909 in San Antonio, Texas, to schedule a free consultation with a lawyer who can fight for you.
Why Choose George Salinas Injury Law?
Failure to maintain property in safe condition can lead to serious injuries. Negligent property owners carry insurance to protect themselves when someone is injured on their premises.
Unfortunately, insurance companies deal with accident victims every day. They know how much your case is worth and how to scare you into accepting less than you deserve. Our San Antonio personal injury attorneys are here to help you stand up for your rights.
When you hire George Salinas Injury Lawyers to protect you, you’ll have a team to:
- Gather evidence to support your claim
- Determine how much your case is worth
- Retain experts who insurance companies take seriously
- Protect you if the property owner blames you for causing your own injuries
- Negotiate with the insurance companies while you focus on recovering from your injuries
Our San Antonio personal injury lawyers have been recognized time and time again for our high-quality legal representation. In 2021, our lawyers earned recognition for winning the Top 10 Premises Liability Settlements in Texas and the Top 10 Personal Injury Settlements in Texas. We’ve also been recognized by Super Lawyers Magazine and Rising Stars.
You don’t have to handle your personal injury claim on your own. In fact, that’s often a mistake. To learn more about creating an attorney-client relationship, contact our law offices for a free consultation today.
Overview of Texas Premises Liability Laws
Under Texas law, property owners are required to maintain their property in a safe condition. Any time you’re injured while visiting someone else’s property, you may have a valid premises liability case.
You may be entitled to compensation if you were injured while visiting a:
- Grocery store
- Restaurant or bar
- Office building
- Rental apartment complex
- Shopping mall
- Government building
- Hotel
- Hospital or nursing home
- School or daycare center
- College or university
- Sporting event
- Church
- Playground
- Amusement park
- Home of friends or family
As long as you were lawfully present on the property, you may be entitled to monetary damages if the property owner violated their legal obligations to you. However, you must understand the specific duties that the property owner had so you can find out if they fell short of fulfilling them.
Premises liability laws determine what obligations property owners owe to those who are in their space. A case called Rosas v. Buddies Food Store explains the rules clearly, stating that “the duties owed by a landowner depend upon the role of the person injured on his premises.”
In other words, property owners have different obligations to you depending on why you were present. There are three different classifications for visitors to a property under Texas law including:
- Invitees: Invitees are those who go onto another person’s land “with the owner’s knowledge and for the mutual benefit of both,” according to Rosas. Customers who visit a restaurant or shop are classified as invitees and are owed the highest duty of care.
- Licensees: Licensees are those who go onto another person’s land “with the owner’s consent and for the licensee’s own convenience,” according to Wilson v. Nw. Tex. Healthcare Systems, Inc. A neighbor or family member who comes over for a casual visit would be classified as a licensee and would be owed an intermediate duty of care.
- Trespassers: Trespassers are those who go onto someone else’s land without consent or permission. They are owed the lowest duty of care, except in limited circumstances where a property owner has created an “attractive nuisance” or conditions that entice people to enter and put them at risk once they do.
A premises liability lawyer will help you understand how you should be classified based on your reasons for being on the property when you were hurt. Once you know this, your attorney can help you determine if the property owner was unreasonably careless and thus should be made to pay for your damages.
Typically, if you were an invitee or a licensee and the property owner didn’t take reasonable steps to correct hazardous conditions on the property or warn you about them, this gives you the legal right to hold them accountable for any resulting losses.
Proving your case can sometimes be difficult, though, as you will need to show how they fell short. At George Salinas Injury Lawyers, our attorneys in San Antonio have decades of experience fighting to protect injured clients like you. Just give us a call to learn more about how we’ll use our experience to your advantage.
How Common Are Premises Liability Accidents In San Antonio?
Many different kinds of cases fall under premises liability laws including slips, trips, and falls; drowning accidents or swimming pool accidents; attacks due to inadequate security; escalator accidents; parking lot accidents; and more.
Many of these types of injuries are very common. For example, 28.3% of Texans aged 65 and up reported falling within the prior 12 months, according to United Healthcare Foundation. This is just fall injuries among one demographic group alone.
The Texas Department of Family and Protective Services also reports that 82 child drownings occurred in the state between January and September of 2024. This includes many drownings in backyard swimming pools, apartment swimming pools, hot tubs, lakes, and creeks.
Unfortunately, even one incident is too many when the injury or death is preventable and property owners fail to keep their invited guests safe. If you or someone you love has had your life changed or cut short by an accident on someone else’s property, you should reach out to a trusted legal advocate as soon as possible for help navigating the legal system and holding the property owner accountable for the harm you endured.
What Is My San Antonio Premises Liability Case Worth?
Your case value depends heavily on the severity of your injuries. Our lawyers will examine all the relevant factors in your case when we’re assessing your case value.
The most important factors that can influence your case value include:
- The cost of your medical treatment
- The nature of your injuries and the types of medical care you will require
- The value of your lost wages
- How the injury will impact your future earnings capacity and/or education
- How the injury will impact your quality of life
- The strength of your case and whether liability is clear
Our lawyers can provide more detailed information about your case value if you schedule a free case review. Once we understand the facts, we’ll get to work on helping you document your losses.
What Types of Damages Are Available to Victims in a Successful Premises Liability Case?
Victims in personal injury cases can seek compensation for economic and non-economic damages. The exact types of damages that will be available will depend on the specific facts of your case.
Examples of the types of damages you may recover include:
- Past medical expenses, including ER visits, hospitalization, and doctor’s visits
- Future medical expenses
- Lost wages during recovery
- Diminished earning potential
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Disfigurement, scarring, or disability
- Anxiety, depression, and PTSD
- Loss of consortium, or loss of companionship between spouses
In the time following an injury, it’s important to document your losses to the extent possible. Make sure to save all receipts and medical records, as they can be important when it comes time to make your insurance demand.
Can I Recover Damages If I’m Being Blamed for Causing My Own Injuries in Texas?
Under Texas modified comparative negligence laws, you can recover compensation as long as you were not more than 50% responsible for your own injuries.
Once your share of fault reaches 51%, you cannot recover any compensation at all. If your share of fault is less than 51% but greater than 0%, your settlement or verdict will be reduced in proportion to your percentage of fault.
What to do if You Have Been Hurt On Someone Else’s Property
If you have been hurt on someone’s property, there are a few key steps to take in order to protect your rights and ensure that you can be “made whole” following the incident. Here’s what you should do in the aftermath of your injuries:
- Report the accident to law enforcement: If you have sustained injuries it’s a good idea to contact the police so they can make a report of the incident. This can be helpful later when it comes time to prove your case.
- Document the scene: Take as many pictures as possible showing the conditions where your accident took place and demonstrating the extent of your injuries. You should try to capture as much of the surrounding area as possible, such as fencing (or a lack of fencing) securing a swimming pool or debris in the aisle of walkways if you slipped and fell in a restaurant. This can also help you to show how the incident occurred and make it possible to prove the property owner should be held accountable.
- Obtain contact details of witnesses and the property owner or occupier. You’ll need to know who owns the property where the incident took place. You’ll also want to get detailed information from witnesses who can help you explain how the incident occurred if there is conflict over whether the property owner is to blame for the accident.
- Get medical help. Visit a doctor or hospital as soon as possible after the incident occurs. This is critical to your health because not all injuries manifest outwards symptoms immediately and because some injuries can be more serious than they initially appear. Your doctor can protect you from suffering more severe harm by treating your injuries. You also want to make certain that your care provider documents all injuries you endured as well as all bills you have to pay as this can help you to make an injury claim later.
Getting legal help from a trusted San Antonio premises liability lawyer is also a good idea. You should be able to hold the property owner accountable and get full compensation for the damages caused by the injury you sustained, but it’s hard to navigate the legal system to do that — especially when you’re dealing with medical issues.
George Salinas Injury Lawyers will begin working from day one to help you make a strong case so you can get the damages you deserve.
We’ll Fight To Recover Compensation for All of Your Injuries and Losses
Our lawyers in San Antonio are here to protect your right to compensation for all of your injuries.
We handle all types of premises liability cases, including those where the victim has suffered:
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
If you were injured and it wasn’t your fault, contact our law firm today. We would be happy to sit down and discuss your case whenever you’re ready to take legal action.
Our Lawyers Handle All Types of Premises Liability Claims in San Antonio, Texas
Premises liability laws apply to hold property owners liable for injuries caused by unsafe property conditions. The most common type of premises liability claim is a slip and fall accident. That said, there are numerous ways to sustain injuries because of hazards on someone else’s property.
Common premises liability cases involve:
- Slips, trips, and falls
- Dog bites and animal attacks
- Negligent security
- Poisonings
- Choking
- Drowning and near-drowning
- Fires and explosions
- Hotel accidents
- Hospital accidents
- Bed bugs
- Staircase accidents
- Elevator accidents
- Inadequate lighting
- Negligent property maintenance
If you’re wondering whether you have a valid premises liability claim, reach out to our San Antonio premises liability attorneys today. We can help you evaluate your case for free, and we work on a contingency fee basis.
How Do I Prove Liability in a Texas Premises Liability Case?
Property owners can only be held liable for damages if they’re negligent.
To prove negligence, you must establish:
- The property owner’s legal duty of care
- A breach of duty
- The breach caused your injuries
- You suffered damages
The property owner’s legal duty of care depends on your reason for visiting the premises. Business owners have a heightened duty of care. When you visit a business, you’re classified as a business invitee.
Business owners are responsible for:
- Maintaining the premises in a safe condition
- Fixing any unsafe property conditions in a reasonable amount of time
- Conducting inspections to identify any hidden dangers
- Providing adequate warning if dangerous conditions cannot be fixed immediately
In some cases, business owners may also be held liable for criminal activity on the property. In these negligent security cases, you must prove that the violent acts were reasonably foreseeable and that the property owner failed to take reasonable steps to prevent the crime.
When you visit someone’s premises for social purposes, you’re classified as a licensee. Private property owners also owe licensees a duty of care, but they are not required to inspect the property for hidden dangers.
Trespassers and the Attractive Nuisance Doctrine
Property owners generally aren’t responsible if a trespasser is injured on the premises.
However, a limited exception exists when young children are injured due to an attractive nuisance on the property. For example, if a property owner fails to take reasonable precautions to keep children from wandering into a swimming pool, they can be held liable for the resulting injuries.
How Long Do I Have To File a Premises Liability Lawsuit in Texas?
Under the statute of limitations in Texas, you have two years to file a personal injury lawsuit. After the two-year period expires, you will be unable to pursue damages in civil court.
To learn more about how we can help protect your right to fair compensation after a crash, give us a call today.
Contact a San Antonio Premises Lawyer for a Free Consultation
Premises liability lawsuits can be complicated by a number of factors. Our lawyers are here to help with every aspect of your case. Just call George Salinas Injury Lawyers to schedule a free consultation with an experienced San Antonio premises liability lawyer today.