Filing a Premises Liability Claim in San Antonio Texas
If you have suffered injuries on someone else’s property, you are probably wondering about your next steps. A premises liability claim can help you address the unforeseen economic impacts of your accident, as well as earn you compensation for your pain and suffering.
The San Antonio injury attorneys at Carabin Shaw have years of combined experience helping clients receive compensation for injuries related to unsafe property conditions. If you are interested in our legal services, schedule a free, no-obligation initial consultation and case reviews with one of our lawyers at 800-862-1260. Our English- and Spanish- speaking staff are available to assist you at any time.What Is Premises Liability?
Premises liability is a set of laws determining the responsibility that a landowner has to maintain safe conditions on their property. If an owner fails to uphold a reasonable standard of care, and if that negligence directly results in another party becoming injured, they are vulnerable to a premises liability claim.
Some examples of accidents that could lead to a San Antonio Tx premises liability case include:
- A slip-and-fall on a wet floor in a grocery store
- Injuries sustained in a fire at an office building, apartment, or retail building
- Carbon monoxide poisoning due to a gas leak in a rental unit
- Accidents caused by unsafe working conditions
- A drowning or near-drowning in a private swimming pool
- A dog attack suffered on the owner’s property
If any of the above sound similar to the conditions of your accident, look for a premises liability lawyer in San Antonio Texas to help you pursue damages.What Determines the Size of a Premises Liability Settlement?
If you and your attorney present a compelling case, you may receive a settlement for your claim. The amount of your settlement will be determined by a few factors.
- The financial impact of your injuries will be addressed by economic damages. Costs such as medical bills, physical therapy, and lost wages will all contribute to economic damages.
- A serious injury can have negative effects on your overall well-being outside of your finances. These impacts are covered by noneconomic damages. Noneconomic damages might include compensation for physical pain, loss of enjoyment in life due to diminished mobility, and physical disfigurement.
- If your injuries were the result of an unsafe condition that a property owner failed to address after being made aware of it, or if they exacerbated your injuries due to malice, they may also owe you punitive damages. Punitive, or non-compensatory, damages factor into a settlement as a punishment for a property owner who demonstrated extreme negligence or malice.
If you believe that your injuries were partially your own fault, you may be discouraged from pursuing damages. However, due to modified comparative fault laws, you could still receive a settlement by filing a premises liability claim in Texas.
Comparative fault means that both the victim and the landowner in a premises liability claim can be responsible for injuries. If you decided to swim in the deep end of a pool, knowing that you were a weak swimmer, and suffered a near-drowning when the on-duty lifeguard failed to help you, both parties exhibited negligence. You knowingly disregarded your own safety, while the pool’s ownership disregarded their duty to hire able and attentive lifeguards.
With modified comparative fault, a partially at-fault victim can receive a settlement for their injuries, but it will be adjusted to account for their own negligence. If you were 45% responsible for your injuries, you will receive 55% of your settlement. However, if you were more than 50% responsible, you will not receive any.Free Case Review at Carabin Shaw | Top Texas Attorneys
Our lawyers have the specialized knowledge necessary to help you navigate the many complex factors of a premises liability claim. Consult Carabin Shaw’s client reviews for more insight on the experience of working with our legal team.