Texas Premises Liability Law - What San Antonio Victims Need to Know
Were you injured on another person’s property in San Antonio? From spills and uneven steps to loose handrails and dislodged bricks, any number of hazards can cause someone harm.
If you have been injured on another’s premises, you may be entitled to compensation for your injuries under Texas’ Premises Liability Law. San Antonio injury attorneys at Carabin Shaw will fight for you to receive the justice you are owed.What Is Premises Liability?
“Premises liability” is the area of law in Texas to determine the liability for injuries sustained on another’s property. Premises liability falls under tort law, which means it is considered a civil wrong.
Under tort law in Texas, property owners have a “duty of care,” or a responsibility to provide reasonable maintenance and care to their property. If they have been negligent in caring for their property, they may be responsible for any injuries or harm someone on their premises has sustained.What Proof Does a Premises Liability Claim Need?
When you file a premises liability claim, it means that you are claiming that the property owner was negligent. A premises liability lawyer in San Antonio, Texas will conduct a thorough investigation of your case to prove four things:
- The condition posed an unreasonable hazard
- The property owner had knowledge of the hazard
- The property owner failed to take reasonable care to eliminate the hazard or reduce the risk of harm through fixing the hazard or roping it off and warning those on the premises with signage
- The hazard caused your injury
Our San Antonio premises liability attorneys will need to establish your legal status on a premises. There are three legal status you can fall under:
- Invitee: An invitee is an individual who enters a property with the owner’s knowledge. This is for the benefit of both parties, typically meaning that the invitee is on the property for the owner’s financial gain such as in the case of a shopper at a store, a diner at a restaurant, a client in an office, and more.
- Licensee: Similar to an invitee, a licensee is someone who is on the property with the owner’s expressed or implied knowledge. In this case, however, it is typically for the licensee’s benefit such as someone delivering food or packages, someone performing a service such as yardwork, a friend visiting, or a party guest.
- Trespasser: A trespasser is someone who enters the property without lawful right, knowledge, or consent of the owner. It is typically for the trespasser’s benefit or curiosity
Legal status is important in Texas premises liability law because it helps to determine the “duty of care” owed by the property owner to the injured party.
- For an invitee, a property owner owes a duty of care to inspect the premises, fix any hazards, or provide sufficient warning for any risk.
- For a licensee, a property owner does not owe a duty of care to inspect the premises. The owner does, however, owe a duty of care to fix any hazardous condition or provide sufficient warning.
- For a trespasser, the property owner does not owe a duty of care to inspect the property, fix any hazards, or provide warning for risks. The only duty of care a property owner owes a trespasser is to refrain from recklessly or willfully injuring the individual.
If you have been injured on another person’s property, contact an attorney. You may be liable to receive compensation for medical bills, rehabilitation, lost wages due to work, pain and suffering, and more.
We offer a free case review / initial consultation. Our professionals are available to speak with you 24/7. Both English-speaking and Spanish-speaking staff are available. Call toll-free: 1-800-862-1260
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