Miller Medical Malpractice Premises Liability

San Antonio Premises Liability Attorney

Injured on Someone Else’s Property? Call (210) 361-9796

If you or your loved one was injured on someone else’s property, you may be able to recover compensation for your damages by pursuing a personal injury claim based on premises liability. As legal actions that threaten the bottom lines of businesses and property owners, premises liability claims are high-stakes cases – which is why it’s crucial to work with experienced counsel.

At Miller Medical Malpractice, we have cultivated a reputation for handling consequential cases involving complex torts, serious injuries, and wrongful death. We are backed by years of experience, a compassionate team, and a record of success that includes millions of dollars in verdicts and settlements.

Premises liability cases demand a thorough understanding of both state and local laws to effectively navigate the legal landscape. Our team excels in unearthing key details that can significantly affect the outcome of a claim, whether it's discovering neglected property maintenance or understanding complex accident scenarios. This depth of knowledge enables us to construct robust and compelling arguments on behalf of our clients.

If you have questions about a potential case anywhere in Bexar County or the surrounding areas of Texas, our San Antonio premises liability lawyer can help. Call (210) 361-9796 or contact us online to request a FREE consultation.

What Is Premises Liability?

Premises liability is the liability (or financial responsibility) property owners have for injuries that occur on their property.

In Texas, people and businesses that own or exercise control over property have legal obligations to keep their premises in a reasonably safe condition and to take steps to fix or address potential hazards that could hurt visitors. These steps may include fixing or repairing hazards that pose foreseeable risks of injury, blocking access to hazards, implementing protocols or safety standards, or posting adequate warnings, among other reasonable measures.

Unfortunately, property owners, landlords, and property managers routinely fail to take these measures. When their failures result in preventable injuries, property owners may be held liable for resulting damages under premises liability law.

Premises Liability Cases We Handle in San Antonio

Miller Medical Malpractice has the experience and resources to handle premises liability claims involving all types of accidents and injuries, including:

Slip and Fall Accidents: These accidents can occur when people slip, trip, or fall due to wet floors, uneven surfaces, or debris on walkways. For example, a customer in a grocery store may slip on a spill that was not cleaned up or marked with a warning sign.
Inadequate Security: Injuries resulting from criminal acts can occur due to insufficient security measures. If an apartment complex fails to install adequate lighting or secure locks, and a tenant is assaulted or robbed, the property owner may be held liable for the injuries caused by the lack of security.
Dog Bites: If a property owner’s dog bites a visitor who was lawfully on the property, the homeowner may be liable, especially if the dog had a known history of aggression.
Swimming Pool Accidents: Injuries around swimming pools often occur due to lack of supervision, absence of safety measures (including no pool fences or lifeguards), or failure to maintain the pool area. Pool owners, contracted workers, and other parties may bear liability for injuries caused by these issues.
Defective Conditions: Injuries caused by faulty or poorly maintained structures are another common type of premises liability case. An example would be a visitor who is injured by falling down a flight of stairs with a broken handrail or uneven steps. The property owner could be liable for not repairing the dangerous condition.
Fire Hazards: Property owners can be held liable if someone is injured due to a fire hazard that was not addressed. For example, if a landlord fails to install smoke detectors or repair faulty wiring, leading to a fire, they may be responsible for damages.
Toxic Exposure: Exposure to hazardous substances, such as asbestos, mold, or toxic fumes, can also result in premises liability claims. If a tenant or visitor becomes ill due to prolonged exposure to these substances because the property owner did not take steps to remediate the problem, the owner could be held liable.
Amusement Park Accidents: Amusement park operators may be liable for injuries that occur due to malfunctioning rides, inadequate maintenance, negligent security, or lack of proper safety warnings.

Addressing these types of accidents requires a nuanced understanding of how different environments contribute to safety risks. Our team delves deep into the specific circumstances of an injury to determine the most effective path forward, carefully examining the roles played by various parties.

How Do You Prove Liability in a Premises Case?

If you or someone you love was injured because of hazardous property conditions, your ability to recover compensation will depend on proving fault and liability.

Because premises actions are highly fact-specific matters, the steps to prove liability will look different in every case. Generally, however, plaintiffs must prove a few key elements:

Duty of Care: Property owners have a duty to maintain their premises in a reasonably safe condition. The extent of this duty can vary based on the visitor’s status, including whether they were an invited guest or customer, a social guest, or a trespasser. While property owners generally owe a minimal duty of care to trespassers, they may have additional responsibilities to secure hazards that constitute “attractive nuisances” (such as swimming pools or machinery) in cases involving child trespassers.
Breach of Duty: The property owner must have breached their duty of care by failing to fix a hazardous condition or failing to provide adequate warnings about the danger.
Causation: The breach of duty must have directly caused the injury. There must be a clear link between the hazardous condition and the injury suffered.
Damages: The injured party must have suffered actual harm, such as physical injury, emotional distress, or financial loss.

Gaining a favorable outcome also depends significantly on thorough documentation and witness testimonies. Gathering evidence such as photographs of the accident scene, medical reports, and statements from witnesses can strengthen a claim and provide clear insight into the circumstances surrounding the incident.

Proving liability in a premises case is no easy task, especially when businesses and insurance companies work aggressively to defend themselves. At Miller Medical Malpractice, we provide the firepower to help clients fight back against powerful defendants and the resources they need to meticulously investigate their accidents, gather evidence, and build the strongest possible claims.

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I really enjoyed working with Byron. He was always very respectful and professional. He always made time for us when we had questions regarding our case. From the very beginning I felt comfortable with him and never felt intimidated.

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Recoverable Damages in Premises Accident Cases in San Antonio

Victims who successfully resolve their premises liability claims can recover monetary compensation for their damages, which may include:

Past and future medical bills
Lost income and future wages
Pain and suffering
Emotional anguish
Other economic or non-economic losses

Beyond these financial compensations, achieving justice can also entail long-term impact by encouraging property owners to take proactive measures in safety improvements that prevent future accidents. This ensures that safety protocols are not only adhered to but also prioritized, thereby creating safer environments for all.

Our firm knows that preventable injuries can upend the lives of victims and families and cause immense financial strain. It’s why we handle these cases on contingency (meaning we don’t charge a fee to retain our services and get paid only if we win) and work meticulously to help clients maximize their recoveries.

How Can a San Antonio Premises Liability Lawyer Help?

Enlisting the help of an attorney can make the difference when it comes to holding landowners liable for losses. A qualified lawyer with experience in these matters can help you meet the burden of proving that a property owner failed to uphold their duty and guide you through the claim process.

At Miller Medical Malpractice, we help clients with every aspect of their claims. This includes support for:

Investigating accidents and determining fault and liability.
Evaluating insurance coverage and available sources of compensation.
Conducting discovery, the process of gathering and exchanging evidence.
Devising customized strategies for dealing with defenses and disputes.
Facilitating negotiations for out-of-court settlements.
Litigating claims at trial, when necessary.

Our comprehensive approach ensures that no aspect of a claim is overlooked. By collaborating with engineers, medical professionals, and investigators, we strengthen each claim by understanding all facets of the incident, thus enhancing the likelihood of a successful outcome.

Understanding Texas Premises Liability Laws

Premises liability laws in Texas require property owners and occupiers to maintain a safe environment for visitors. According to state law, the duty owed by property owners varies depending on the visitor's legal status, which can be categorized as an invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care, requiring property owners to inspect the premises and fix any dangerous conditions. Licensees, like social guests, are also owed a duty of care but not to the same extent as invitees. Generally, property owners must warn licensees of known hazards. Trespassers are owed the least duty of care, with exceptions for children and anticipated trespassers in certain situations.

The legal concept of "attractive nuisance" is also important in Texas law, particularly in cases involving children. Property owners may be held liable if a child is injured on their property due to an attractive but hazardous feature, like a swimming pool, if they fail to take reasonable steps to secure it. Understanding these nuances is crucial in pursuing a premises liability claim within Texas and can significantly impact the strategy and potential success of legal proceedings.

The Role of Negligence in Premises Liability

Negligence is a central element in premises liability claims, underpinning the responsibility of property owners to prevent harm. To establish negligence, it's necessary to demonstrate that the property owner failed in their duty to maintain safe premises, which directly led to an injury. This failure could manifest as neglecting regular maintenance, not addressing known dangers, or failing to warn visitors of potential hazards. Establishing the standard of care expected and proving that the property owner breached this standard is vital in a premises liability claim.

The complexity of proving negligence often involves detailed evidence collection and legal analysis, including examining maintenance records, gathering witness testimonies, and consulting safety regulations. Our approach at Miller Medical Malpractice involves piecing together all pertinent information to illustrate the property owner's negligence comprehensively. This meticulous process is crucial in maximizing the possibility of recovering compensation on behalf of our clients, reflecting our commitment to addressing all aspects of negligence in premises liability claims.

FAQ About Premises Liability in San Antonio

What Should I Do If I'm Injured on Someone's Property?

If you are injured on someone else's property, it's important to seek medical attention immediately to ensure health and safety and to document your injuries. Once your medical needs are addressed, take the following steps: 1. Report the incident to the property owner or manager and ensure the report is documented. 2. Gather evidence such as photographs of where the injury occurred, witness information, and any potential hazards present. 3. Keep records of all medical treatments and expenses. 4. Consult with a premises liability attorney who can evaluate your situation and advise on possible legal actions. Taking these actions promptly can help protect your rights and lay the foundation for a potential claim.

How Long Do I Have to File a Premises Liability Claim in Texas?

In Texas, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. This deadline is critical, as filing beyond this period can result in losing the right to pursue compensation. However, certain exceptions may apply, potentially extending or shortening this time frame. For example, if the injured party is a minor, the statute of limitations may be tolled until they reach the age of 18. Because these timelines can impact the viability of a claim, it's important to consult promptly with a San Antonio premises liability lawyer to discuss your legal options and ensure your claim is filed within the appropriate timeframe.

Can a Trespasser File a Premises Liability Claim?

While property owners owe the least duty of care to trespassers, there are specific situations where a trespasser may have grounds to file a premises liability claim. In Texas, property owners must refrain from causing intentional harm to trespassers. Additionally, the attractive nuisance doctrine may allow injured child trespassers to pursue claims if they were injured by an unsecured hazardous attraction on the property, such as a swimming pool. Proving liability in these situations is complex and often requires thorough legal analysis to determine if exceptions to the standard rules apply. Consulting with an attorney can help clarify if a viable claim exists for a trespasser facing unique circumstances.

How Does Comparative Fault Affect My Premises Liability Claim?

Under Texas law, the principle of modified comparative fault can influence the outcome of a premises liability claim. If it's determined that you were partially at fault for your injury, your compensation may be reduced by your percentage of fault. For instance, if you were 20% at fault because you ignored warning signs, and $100,000 in damages are awarded, you would receive $80,000. Furthermore, if you are found to be more than 50% responsible, you may not recover any damages. Understanding how comparative fault is applied can be critical to maximizing recovery, and a lawyer can assist in navigating these legal nuances to bolster your claim.

What Are Common Defenses in Premises Liability Claims?

Common defenses employed in premises liability claims include arguing that the property owner had no knowledge of the hazard or that the dangerous condition was openly visible and should have been avoided. Defendants may also assert that the injured party was partly or entirely to blame for the accident due to carelessness or failure to heed posted warnings. These defenses often aim to diminish or nullify liability, necessitating a strong legal strategy to counteract them effectively. An experienced attorney can anticipate these defenses and develop compelling counterarguments to advocate for the best possible outcome in your claim.

Request a FREE Case Review: (210) 361-9796

Attorney Byron Miller and our team are passionate about helping folks and families repair their lives after suffering preventable losses. If you have a potential case, we’re available to discuss your rights, options, and how we might be able to help during a FREE consultation.

Call (210) 361-9796 to speak with our San Antonio premises liability attorney or contact us online.

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