San Antonio Premises Liability Lawyer

According to Texas law, “premises” may include private roads, public roads, land, waterways, buildings, and structures. In addition, any equipment or machinery that may be located on the land or attached to the land, a road, or waterway is also included in the “premises.” Injured parties may be entitled to file a premises liability claim against an individual, a business, or the government, depending on where the accident and resulting injuries occur.

While both negligence and premises liability are similar causes of action, it is almost always more difficult to prove a premises liability claim. For a successful negligence claim, you only have to prove that the defendant owed you a duty to keep their property safe, then failed to keep the property safe, and as a result, you were injured. For example, a property owner may spill liquid on the floor and fail to clean it up or provide adequate warning signs. If that spill caused you to sustain injuries, and treatment for those injuries caused you to incur medical expenses, you may be entitled to compensation.

On the other hand, a premises liability claim requires injured parties to demonstrate that the property owner knew that a dangerous condition was present on their land, and that the condition “posed an unreasonable risk.” Additionally, you must also show that the defendant ignored the risk, and because he ignored the risk, you suffered injuries.

In some cases, a property owner’s actions may be negligent and at the same time, demonstrate premises liability. An attorney might plead both causes of action to prevent a rejection of one claim, which would require filing an entirely separate second claim to see if the other would be successful. Pleading both causes of action simultaneously may prevent a defendant from filing a motion to dismiss because you claimed an improper standard of law in your initial claim. Oftentimes, a defendant may file a motion to dismiss, despite having no legal basis for the motion, to delay resolution of the claim. Filing both causes of action may help prevent the defendant from utilizing a motion to dismiss as a delay tactic.

The law greatly reduces a landowner’s potential for liability for recreational property due to the nature of the activities for which people use the land. When individuals have permission to use the land for certain activities, including hunting, fishing, camping, hiking, boating, swimming, or rock climbing, property owners may not bear less responsibility for any injuries related to those activities.

If a property owner invites you onto the premises for recreational activities, and you suffer injury as a result of the owner’s gross negligence, bad faith, or malicious intent, the owner may share responsibility. For example, if Owner Smith allows UTV use on his property, but digs a pit trap on a trail and fails to warn you of that danger, if it causes you injury, Owner Smith may bear liability for the resulting damages.

However, Owner Smith may invite you to ride your UTV on his property, and inform you of the danger of a pit trap on one of the trails. If you ignore the warning and sustain injuries in an accident involving the put trap, the property owner may not be liable because you were aware of the danger.

Put simply, landowners do not owe a duty of care to trespassers who enter the property without permission. However, property owners have a duty to refrain from willfully injuring trespassers. For example, an owner who has persistent problems with trespassers must refrain from setting a trap to catch them in the act. Although, if a landowner suspects that children may be inclined to trespass on their property due to an artificial condition that is attractive to children, they will likely be liable for the resulting damages.

For example, a landowner may have a pool in their backyard. If the area around the pool is not fenced in, or the gate has no lock, and a child drowns in the pool, the property owner may be liable. However, if the pool has a fence and the gate is locked property owners may avoid liability for any accidents that occur in their swimming pool.

The type and amount of damages an injured party may be entitled to seek depends on the level of fault assigned to the property owner and the severity of the injuries incurred, among other factors.

Damages that may be available to injured parties include:

• Past and future medical expenses, including physical therapy, cognitive therapy, and/or psychological therapy;
• Past and future lost wages;
• Funeral, burial and/or cremation expenses;
• Pain and suffering;
• Emotional distress;
• Loss of companionship;
• Loss of consortium;
• Inconvenience;
• Loss of use of a body part or bodily function;
• Amputations; and
• Disfigurement.

If you were injured or lost a loved one in a premises liability accident, you may file a personal injury claim or a wrongful death claim. Contact the George Salinas Injury Lawyers for a free consultation today.