Premises liability claims stem from hazards on the property of another person. When the property owner or manager fails to address these hazards or warn visitors of the dangerous conditions on their land, they could face civil liability for the injuries that result. Not every injury will lead to a winning premises liability claim, making it imperative that you seek guidance from a skilled personal injury attorney as soon as possible.
A San Antonio premises liability lawyer can evaluate your case and help you determine the proper legal options to recover compensation. Speak to a seasoned personal injury attorney to learn about how you could hold a negligent property owner liable for damages.
There are many reasons why a premises liability claim could arise. Some of the most common types of premises liability cases include:
A San Antonio premises liability attorney could hold a property owner accountable for damages if they can prove they violated their duty of care. The duty of care is the standard a reasonable person would take in that specific situation. A violation of this duty involves failing to address a potentially harmful hazard on the property. In other situations, a breach of the duty could occur through a failure to warn a visitor of a potential hazard.
The plaintiff will also have to show that the hazard on the defendant’s property was responsible for their damages. In many cases, the defendant will work to establish that their efforts to respond to the hazard were reasonable. Before an attorney can prove that the defendant violated their duty of care, they must first establish what that duty is.
The duty of care a property owner owes depends on the nature of the visitor on their property. Visitors have different motives for entering the property of another, and their motives could directly impact a claim should an accident happen.
There are three types of visitors under state law: invitees, licensees, and trespassers.
Invitees enter the property of another person with their permission, and they do so for the property owner’s benefit. This permission could be express or implied. Customers entering a business are the most common example of an invitee. The property owner must inspect the premises and take steps to remove hazards before an invitee suffers injuries.
Licensees are also invited to enter the premises by the owner. The difference compared to invitees is that they are there for their own purposes, not for the benefit of the property owner. A common example would be social guests. A property owner must warn licensees of any hazards on the property.
Trespassers enter the premises without permission. A property owner generally owes a trespasser nothing short of avoiding intentionally causing them harm. There are some special requirements regarding child trespassers that could best be explained by a San Antonio premises liability attorney.
If an accident occurs on another’s property, you should discuss your legal options with an attorney as soon as possible. It is common for property owners to address hazards after they cause an injury, which could give your legal counsel a limited window to investigate.
A San Antonio premises liability lawyer could investigate the cause of your injury and help you seek compensation for damages. Call today to schedule a consultation.