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Premises Liability Lawyers in San Antonio

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 and/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 and/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 injure; 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. In 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:

  1. A condition existed that posed an unreasonable risk of harm;
  2. The property owner knew, or should have known, that the condition posed this risk of harm;
  3. 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;
  4. The property owner was negligent in failing to correct or alleviate the condition;
  5. Someone was injured because of the property owner’s neglect; and
  6. The condition was the direct cause of the injury.

If these conditions apply and you have been injured due to the negligence of a property owner, contact the skilled and knowledgeable San Antonio Personal Injury Attorneys at Zinda Law Group. We want to help you get the compensation you deserve. Call us today.



 

800-863-5312
San Antonio

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San Antonio Office:
21022 Gathering Oak, Suite 3
San Antonio , Texas 78260
Phone: 210-390-0742
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