Why Premises Liability Matters for San Antonio TX Homeowners in Master-Planned Communities

Master-planned communities in San Antonio, Texas, feature common areas that offer a range of amenities for homeowners and their guests. When there’s an accident in a shared space like a pool or clubhouse, victims may have questions about who is legally responsible for damages. Speaking with an experienced local premises liability attorney can help clarify your legal options and get you the compensation you need for recovery.

The San Antonio premises liability attorneys at Carabin Shaw have decades of experience handling premises liability cases, and we can guide you through the legal process after an injury in a new housing development. Our law firm offers our services on a contingency-fee basis, so you don’t have to worry about retainer fees. You don’t pay unless we win. Call our toll-free number at 1-800-862-1260 to speak with our English- and Spanish-speaking staff, available 24/7, to schedule a free consultation.

If you own property in San Antonio, Texas law assigns you a reasonable duty of care to keep it safe. You must correct unsafe conditions, such as:

• Uneven sidewalks
• Poor lighting
• Unsafe drainage or landscaping

If you breach this duty and someone suffers an injury because of that breach, the law may consider you negligent and therefore liable for damages. A personal injury lawyer may argue that you had limited liability because of the visitor's status. For instance, landowners owe guests and service workers a high duty of care, but they owe little or no duty of care to trespassers (except in cases involving children and attractive nuisances).

In master-planned communities, property owners may not have control over conditions in common areas, and an HOA liability lawyer can help clarify liability after an accident.

• Developer-Controlled Areas During Construction
  • During construction, a master-planned community developer typically owns and controls the streets, sidewalks, and other shared spaces until they turn them over to the homeowner’s association (HOA). Injured residents or guests may hire a lawyer and sue a developer for injuries sustained because of unfinished work if the developer was negligent.
• Transitioning Control to an HOA or Community Board
  • Once a developer completes a San Antonio master-planned community, such as Cibolo Canyons or Stillwater Ranch, an HOA or community board assumes responsibility for shared areas. Texas Property Code Chapter 209 (the Residential Property Owners Protection Act) assigns safety responsibility concerning shared areas to HOAs. An attorney may file a claim against the HOA, and they will work with their insurance to determine whether your injuries fall under the HOA’s liability coverage.
• Homeowner Premises Liability in Common Areas
  • In most cases, an attorney will determine that homeowners don’t have a duty of care in most common areas because the responsibility for safety falls on the HOA. The exception to this is when a homeowner’s actions cause unsafe conditions. Accidents on the homeowner’s private property fall under the scope of standard premises liability law.

If you sustain injuries in a community’s common or shared space, a lawyer can help you protect your right to compensation from the responsible party. You can aid in this legal process by:

• Seeking medical attention as soon as possible.
• Gathering evidence at the scene.
• Identifying property owners.
• Keeping any records associated with the accident.
• Contacting a premises liability attorney in San Antonio.

There is generally a two-year statute of limitations during which time you can file a personal injury claim to seek compensation for your financial and non-financial damages, such as medical bills and pain and suffering.

As an injured homeowner or visitor to a master-planned community, it is important to understand who is responsible for your injuries. At Carabin Shaw, we strive to hold at-fault parties accountable for their negligence, so you don’t have to pay for an accident that wasn’t your fault.

Read our client reviews to find out more about what we do for our clients. A skilled, compassionate, and experienced team is all you need to get full compensation for your losses.

For more information:

• Texas Statues 75
• Texas Statues 232
• Texas Statues 209