Types of Premises Liability
Our lawyers fight for our clients' premises liability claims
When you visit somebody else's property in San Antonio or anywhere else in Texas, you expect the property to be safe and free of hazards. That's why it can be so surprising when you're injured or a loved one is injured or dies due to the negligence of a property owner or employee. While nobody expects to be injured, premises liability attorneys know accidents happen every day in Texas.
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 what is called "premises liability". Whether it's a restaurant, shopping mall, retail store, hotel, office building or public park, the owners of that property are responsible for having liability insurance for instances in which someone on their property is injured. Homeowners should also carry a homeowners' property insurance policy, in case the mailman slips on the way to the front door on a wintry day or a carpenter falls off the roof while replacing a shingle. Otherwise, slipping or falling lawsuits are likely.
Property owners have a legal responsibility to make sure their property - including buildings, parking lots, driveways, stairs and sidewalks - are reasonably safe for others. Landlords can be held liable if tenants are injured due to negligence. Business owners must keep their commercial property reasonably safe for visitors. Even the government can be held liable for injuries in some cases.
Examples of Premises Liability Cases
Slips and fall claims are common in premises liability cases, but many other types of cases may involve:
- Accidents at places where children gather: Schools or playgrounds must be properly maintained to reduce risks of injuries. Day care centers must employ properly trained workers. Laws also require property owners with swimming pools to take steps to reduce risks of injury or drowning.
- Inadequate security: A poorly lighted apartment complex may create an environment that spurs criminal activity. Inadequate security may result in a crime against a person.
- 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.
In general, we build a strong premises liability case for our clients by determining the following:
- 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.
You may be entitled to compensation for your injuries. Contact us. A delay may affect your right to recover damages for medical bills, future medical bills, lost wages and other damages. Call 1-800-455-1054 for a free case consultation with an experienced San Antonio premises liability attorney at Herrera Law Firm.