Premises liability is the area of law that dictates the responsibilities of property owners and their legal liability when they fail to maintain safe premises for visitors. As the plaintiff in a San Antonio premises liability case, you must be able to prove the following legal elements by the preponderance of the evidence:
Duty of Care
First, you must show that the defendant had a duty of care to prevent your injury. Different types of property owners may have different responsibilities. Some defendants named in premises liability claims could include:
- Store owners: Business owners are expected to provide greater protection to customers who come onto their property for the owner’s financial benefit.
- Landlords: Landlords are responsible for maintaining properties and common areas and complying with applicable building codes to prevent injuries to their tenants.
- Government: The government can be held responsible for injuries that occur on public property when employees fail to maintain the property or warn visitors about dangerous conditions.
- Private residences: When a property owner invites someone onto their property or the person has a legal right to be there, they must warn them of any known hazards on the property and take reasonable steps to maintain the property.
Breach of Duty
To hold a property owner responsible for an accident on their property, you must be able to show they breached their duty of care. The breach of duty is often the most contested aspect of a premises liability case.
To establish a breach of duty, you must be able to show the owner or occupier had actual or constructive knowledge of a dangerous condition. Actual knowledge means that the landowner actually knew about the condition because they personally observed it or their worker informed them about it, for example. Constructive knowledge means that the property owner should have known about the condition and would have discovered it had they reasonably inspected the property.
The dangerous condition must pose an unreasonable risk of harm. Additionally, the owner or occupier must have had an opportunity to correct the hazardous condition and failed to exercise reasonable care to reduce or eliminate the risk.
Causation
Next, the plaintiff must be able to establish that the property owner’s or occupier’s breach of duty proximately caused the injury. In legal terms, the accident would not have occurred but for the breach of duty.
Damages
Finally, you must be able to show that you suffered damages as a result of the accident, such as medical expenses or lost wages.
Contact Our Experienced Premises Liability Attorneys for a Free Case Review
Establishing the legal basis for a valid premises liability case can be complicated. An experienced San Antonio personal injury attorney can thoroughly investigate your case and gather evidence to prove your claim. We can also negotiate with insurance companies and fight for the compensation you deserve.
Contact George Salinas Injury Lawyers by calling (210) 987-9498 for a free consultation.