Premises Liability Lawyers in San Antonio
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A property owner’s duty to a person injured on their premises can vary depending on the state it happened in, the laws that apply in that state, and whether the injured party was an “invitee,” a “licensee,” or a “trespasser.” Each will be treated differently under the law.
The “Invitee” is a person who is invited to enter or remain on the premises for the commercial benefit of the owner, such as a grocery store owner. The highest duty of care is owed to the invitee and the property owner has a duty to keep the invitee from any risk of harm due to any conditions of risk on the property.
The owner must periodically inspect the property, such as a grocery store owner periodically checking the aisles of the store for spills, broken products, or items that have fallen from the shelves.
The “Licensee” is a person who is invited to enter or remain on the premises for a non-commercial benefit such as a guest. An owner is responsible for a condition of risk but only if the injured party can establish that the owner knew, or should have known, of the condition; that the owner failed to exercise reasonable care to make the property safe or warn of the risk; and the licensee did not know of the condition or risk involved.
An example would be the property owner who knew a chair did not appear to be broken but was unsafe to sit upon; failed to warn the invitee to avoid sitting in the broken chair lest they be injured; and the invitee sat down and was injured when the chair collapsed.
The “Trespasser” is a person who is on the property without the express or implied permission of the property owner. They are not there for the commercial benefit of the owner nor are they invited. Appropriately, the property owner does not have a duty to warn of any conditions of risk as long as they have no knowledge of the trespass.
This duty of care cannot be delegated to another party. For example: even though the grocery store property owner hires a company to maintain its parking lot, the owner of the store is still responsible for any injuries arising from a condition of risk such as holes in the pavement that caused them to trip and fall and injure themselves.
I Was Injured. Can I Sue the Property Owner?
To bring a successful premises liability claim in the state of Texas, an injured person must be able to prove each of the following six elements:
- A condition existed that posed an unreasonable risk of harm;
- The property owner knew, or should have known, that the condition posed this risk of harm;
- The property owner should have anticipated that a person on the property could not have known about the risk or would fail to protect themselves from the risk;
- The property owner was negligent in failing to correct or alleviate the condition;
- Someone was injured because of the property owner’s neglect; and
- The condition was the direct cause of the injury.
Our San Antonio Premises Liability Attorneys Can Help
At Zinda Law Group, our San Antonio premises liability lawyers have helped injury victims pursue compensation for medical bills, property damage, lost wages, pain and suffering, and much more. We have the knowledge and resources necessary to help you build the strongest case possible and seek maximum compensation for all the ways your injuries have cost you.
If you or a loved one has been injured on another's property, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our San Antonio premises liability attorneys.
Meetings with our personal injury lawyers are available by appointment only.