Injured on someone else’s property?
Talk to a San Antonio premises liability lawyer
If you’ve been injured on someone else’s property, our San Antonio premises liability lawyers can help you hold the negligent property owner responsible for your damages. Our attorneys have years of experience and know how to advocate for victims to get them maximum compensation. Don’t let someone else’s irresponsible actions cost you your health and financial future. Contact the Herrera Law Firm today for a free consultation.
When you visit somebody else’s property, you expect it to be safe and free of hazards. That’s why it can be so surprising when you sustain a personal injury due to the negligence of a property owner or employee. While nobody expects to be injured, our San Antonio premises liability lawyers know accidents happen in Texas every day.
What a lot of Texans might not realize is that every piece of property, whether it's private or public land, is — or should be — covered by "premises liability" law. Whether it's a restaurant, shopping mall, retail store, hotel, office building or public park, all property owners are responsible for having liability insurance in case someone is hurt on their property.
Can someone sue you if they fall on your property?
If someone gets hurt on your property, you may be legally responsible for their damages. Homeowners should carry property insurance, just in case someone gets hurt in an accident on their property.
Property owners have a legal responsibility to make sure their property — including buildings, parking lots, driveways, stairs and sidewalks — are reasonably safe for others. Otherwise, landlords can be held liable if tenants are injured due to negligence. The same rules apply to business owners. They must keep their commercial property reasonably safe for visitors. In some cases, even the government can be held liable for injuries.
What are examples of premises liability?
Slip and falls are common examples of premises liability accidents, but there are many other types of premises liability accidents that can occur, including:
- Accidents at places where children gather – Schools or playgrounds must be properly maintained to reduce risks of injuries. Daycare centers must employ workers who are properly trained. Laws also require property owners with swimming pools to take steps to reduce risk of injury or drowning.
- Inadequate security – A poorly lit apartment complex may create an environment that spurs criminal activity. Inadequate security may result in a crime against a person, in which case the property owner could be held legally responsible for compensation to the victim.
- Poor or inadequate building maintenance – A poorly-secured handrail at a business or apartment complex can create a liability for the property owner.
- Accidents during recreational activity – Recreation accidents may involve someone boating or riding an all-terrain vehicle (ATV).
In general, our legal team builds a strong premises liability case by determining:
- The party responsible for the property that contained the condition. This is sometimes the owner, sometimes the renter or lessee, and sometimes both.
- If the condition was known by the party responsible for the property – and if the party did not take adequate steps to correct the condition.
- If the condition was present and apparent for a period of time in which the party responsible for the property should reasonably have been aware of the condition and corrected the problem.
If you’ve been injured on someone else’s property, you may be entitled to compensation but you must act now. A delay may affect your right to recover damages for medical bills, future medical bills, lost wages, and more. Let our San Antonio premises liability attorneys get started on your case. Contact us today for a free consultation.
Young children drown every year in swimming pools across the United States. In some cases, the tragic death of a child in a swimming pool is due to a property owner’s neglect. Other pool accidents may involve a spinal cord injury or brain injury.
If you or someone you love was injured in a swimming pool accident, you may be entitled to compensation. Our San Antonio swimming pool accident attorneys have the experience and resources to get the compensation you need and deserve. If necessary, our lawyers can help you file a wrongful death lawsuit or take other legal action.
Some property owners with hot tubs, spas, and other recreational water tubs like lap pools can also be held responsible for an accident if they have not taken adequate safety precautions. Our San Antonio premises liability lawyers know the laws in Texas, and with our help, you can get fair compensation for your injuries.
Negligent acts that cause swimming pool accidents
Property owners are responsible for guests who use their pool, which includes taking steps to ensure their safety. Negligent acts that may lead to accidents include:
- Swimming pool not closed in by a gate
- Negligent maintenance of a pool
- Depth markers are insufficient or absent
- Swimming pool not filled in accordance with depth markers
Improper maintenance of a pool may play a role in an accident. For example, a diving board or slide may be broken or somehow defective. In some cases, a third party (that is, someone other than the property owner) may be negligent, such as an equipment manufacturer or a business that cleans or maintains the pool.
How do drowning accidents happen?
Property owners with pools, or businesses such as motels or hotels that have pools, must make sure the swimming area and surrounding areas are safely maintained. Drowning is one of the leading causes of death of young children.
Our investigation of swimming pool accidents typically involves examining:
- Negligence of the part of the property owner
- Improper maintenance of the pool
- Negligent supervision
- Negligent design and construction
In cases involving boat accidents on lakes and ponds, we can investigate whether the boat owner or property owner acted negligently. Did the boat owner provide adequate safety equipment such as appropriate floatation devices for all the passengers? If there was a gathering at a pool, lake or pond, and alcoholic beverages were served, were adequate precautions taken to prevent an intoxicated person from swimming, particularly alone or at night? Our legal team will search for these answers and more. Our goals are simple – to uncover the truth and get you the compensation you’re entitled to.