Accidents can happen anywhere. You could slip on a wet floor while shopping at the mall, trip on a torn carpet at a business meeting, or catch your foot in a crack in the sidewalk while walking home.
Property owners in Texas have a legal obligation to maintain a safe environment, but negligence often causes accidents. Whether it’s a lack of proper signage, poor maintenance, or ignorance of safety measures, unsafe premises can lead to serious injuries.
If you were injured on another person or business’s property, our premises liability lawyers may be able to help you claim compensation for your injuries. With our expertise in Texas premises liability law, we’ll guide you through the complex legal process, fighting for your rights every step of the way.
Premises liability is a responsibility property owners have to keep their premises safe to minimize the risk of injury to others. If a property owner is negligent, resulting in a person sustaining an injury, they may be liable.
However, premises liability law is complex, and property owners aren’t responsible by default for injuries that happen on their property. Our premises liability lawyers in Texas can advise you on your case and determine if a property owner is liable for your injuries.
But how are premises defined by law?
A premise is any part of a person or business’s property. While it includes any internal space, it also extends to land, so you may be able to file a premises liability claim if you’re injured on someone’s sidewalk or lawn.
You may be injured on someone’s private property, such as their home, pool, or boat, but you could equally be injured on private property that is open to the public. Some common examples include:
For example, if you’re eating out in San Antonio and slip on your way to the restroom because of a spill, you might break a bone or hit your head. In this case, the owner of the eatery or restaurant owes you a duty of care and should make every effort to keep you safe while you’re on their premises — such as by placing a wet floor sign or cordoning off the area.
If they failed to do this, they could be deemed negligent, and a premises liability lawyer could help you retrieve a financial settlement.
Choosing a Texas personal injury lawyer is not a decision you should make lightly. It’s vital to work with a lawyer you trust to fight for justice and negotiate a fair settlement or make the best case in court.
Our premises liability lawyers in Texas understand how difficult it can be to find the right law firm for you.
That’s why, at Patino Law Firm, we do things a little differently.
Our premises liability lawyers in Texas handle a wide range of cases. Some of the most common accidents that give rise to a premises liability claim are:
If a person’s dog bites you while you’re on their property, the owner might be liable for any injuries that result. According to postal company USPS, there were 491 dog attacks against postal workers in Texas in 2019 — the second-highest total across the country. However, a single dog bite doesn’t necessarily mean you can file a premises liability claim.
Texas adheres to the one-bite rule, which means a dog or animal owner cannot be held liable the first time their animal bites another person. However, after the first bite, a dog owner has reason to believe that their pet could potentially be dangerous and must prevent any further attacks. If someone’s dog bites you a second time, you may be able to file a premises liability lawsuit.
Slip-and-fall accidents are among the most common types of accidents in premises liability claims. A slip or fall can happen in any scenario, for instance, if the floor is wet, greasy, or newly waxed, if there’s a spillage, or if a rug is placed on a slippery floor without being secured. A slip-and-fall accident can result in severe injuries, such as a broken bone, a traumatic brain injury, or a spinal cord injury that causes paralysis.
Elevators and escalators are designed for convenience, but they can also be dangerous. Elevators seriously injure around 17 thousand people in the U.S. every year. While they mostly affect individuals working on or near an elevator, such as installers or repairers, the general public isn’t immune from injury.
Passengers can fall if they call an elevator, but there is no car, and many also get injured by getting caught in the elevator door.
Escalators also pose a threat. The large gaps between the side skirt, steps, and landing platform can lead to a person tripping and falling, while poor design or maintenance can cause a person’s clothes, shoes, or jewelry to get caught in gaps. Escalators can also malfunction by changing speed or direction, and this can cause people to fall, get trampled on, or be crushed.
If a property owner violates safety regulations and this results in injury, you could hold them liable. Fire code violations can be fatal if a person gets trapped in a burning building, while many structures built in the 1970s contain toxic chemicals such as asbestos. A property owner has a duty of care to properly evaluate and inspect a property to ensure no substances present could harm a visitor’s health.
In most cases, if you’re injured on another person’s property, the property owner will be liable. However, there is a vital legal consideration when determining liability: why you were on the property. This can impact a person’s legal duty to you and, therefore, if they’re liable for your accident.
Three main categories determine legal duty and liability:
A common example of a licensee is if your friend invites you to their home for a social gathering. Licensees can also be door-to-door salespeople or postal workers who come to your door. Property owners owe a reasonable standard of care for the safety of licensees and are responsible for protecting them from extraordinary risks, hidden perils, and reckless misconduct.
An example of an invitee is going to the movie theater. When you purchase a ticket, you become an invitee on the premises, and the property owner owes you a duty of care to keep the premises reasonably safe.
In Texas, property owners owe the following duties to invitees:
We’re all familiar with the concept of trespassing — entering premises without consent. In premises liability law, trespassing also extends to any surrounding land. Property owners owe a lesser duty of care to trespassers, but this does not remove liability entirely.
Trespassers may still claim compensation with the help of a premises liability lawyer if:
Premises liability law is far from simple, and your relationship with the property owner (licensee, invitee, or trespasser) can affect their liability. Every case is unique, so you should speak to a premises liability lawyer in Texas to determine who might be at fault for your accident.
Sustaining an injury on someone else’s premises can be a minor nuisance or a life-changing event. At the very least, you’ll likely need medical treatment and to take some time off work. Our personal injury lawyers in Texas can help you recover expenses, such as medical bills and lost wages, and compensation for pain and suffering.
Typically, the more severe your injury and its impact on your life, the more compensation you will be entitled to.
Want to find out how much compensation you could be entitled to? Try our quick and easy personal injury calculator.
If you were injured on someone’s premises because of their negligent or reckless action, there are some vital steps you should take to maximize your chances of successfully claiming compensation.
To successfully claim compensation in a premises liability case, you must prove the at-fault party was negligent and that it caused your injury. While a premises liability lawyer can help you gather evidence, beginning the process early can improve your ability to demonstrate fault.
For example, if you slipped and fell on a spillage, the spill will likely have been cleared well before you speak to an attorney. However, if you have photos or video evidence of the spill or the contact details of witnesses who can testify to what happened, the at-fault party cannot claim there wasn’t a spill or that a wet floor sign was present.
You should also see a doctor to document your injuries and keep bills for your treatment. A premises liability lawyer can help you recover these costs as part of your claim. Not having this evidence makes it more difficult to negotiate a settlement or build a solid case, as the other party may argue your injuries did not happen at their premises.
You should also retain any other relevant information, such as tax returns and payroll information. Your Texas premises liability lawyer can advise you about what information is most relevant to your claim.
Premises liability claims are complex, but our dedicated premises liability lawyers in Texas are well-versed in the intricacies of the law and can get you the compensation you deserve.
Our premises liability lawyers in Texas are experienced in defending our clients’ rights. We’re dedicated to helping you get the compensation you deserve after your accident.
Our dedicated premises liability lawyers in McAllen and San Antonio can help you:
It’s important to act fast, as the statute of limitations for personal injury in Texas is two years from the date of your accident. There are exceptions to this law, so contact our personal injury lawyers in McAllen and San Antonio today if you’re not sure how long you have to make a claim.
Our Texas premises liability lawyers have the knowledge and experience needed to help you secure justice and financial support for your injury. Get in touch with the Law Ninja at Patino Law Firm by calling 855-LAW-NINJA or filling in our contact form for a free case review. If you choose us to represent you in your premises liability claim, you will never have to pay upfront attorney’s fees. We take cases on contingency, which means you’ll only ever pay legal fees if we win your case.
Premises liability law is a specialized area of personal injury law. It focuses on the responsibilities property owners have to maintain a safe environment. While there are many nuances to the law, at its core is the principle that property owners can be held liable when their negligence leads to someone injuring themselves on their property.
It’s crucial to understand that premises liability law is complex and that not all injuries automatically make the property owner liable. Because of this, it’s crucial to speak to a premises liability lawyer if you’ve been injured on someone else’s premises. They’ll be able to advise you on your options and guide you through the process of a claim or personal injury lawsuit.
When a property is rented or leased, premises liability can become quite complex. In general, the landowner or landlord is responsible for maintaining common areas and the premises ground. The tenant is usually responsible for the conditions within their leased space.
However, it’s important to understand that premise liability law for rental properties and land is nuanced. The specifics can vary based on lease agreements, contracts, and state laws. If you’ve been injured on rented land or property, it’s advisable to speak to a premises liability lawyer to help you through the process and determine who may be liable.
Texas property owners have a legal obligation to maintain a safe environment on their premises. If someone is injured on your property due to negligence — which can include poor signage or lack of maintenance — you may be liable for their injuries. However, it’s important to note that the extent of your liability depends on several factors, including why the person was on your property.
Interestingly, even trespassers have some level of protection under premises liability law. While property owners owe a lesser duty of care to trespassers, they are not entirely exempt from liability. You could still be held liable if you maintain unsafe conditions that you know — or a reasonable person would know — could cause serious injury or death due to a failure to warn trespassers of the risk.
Understanding and navigating Texas premises liability laws can be challenging, especially when you’re dealing with a personal injury. Engaging the services of a seasoned Texas premises liability attorney could make a significant difference to the outcome of your claim.
Our premises liability lawyers in Texas work diligently to uphold the rights and interests of our clients.
If you or a loved one has suffered a personal injury due to a property owner’s negligence, reach out to us to book a free, no-obligation consultation.
At our law firm, we take pride in tailoring our approach to you and your unique circumstances. Your best interest is always our top priority.
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