San Antonio Premises Liability Lawyer
Whether dining at one of the restaurants along the River Walk, riding a roller coaster at Six Flags Fiesta Texas, or shopping at one of the local shopping malls, San Antonio offers a wide array of options for visitors and residents alike. Unfortunately, some businesses fail to adequately maintain their property or don’t have proper security, which can result in innocent people getting injured or assaulted. Like other states, Texas recognizes three types of visitors: invitees, licensees, and trespassers. Property owners owe each type of visitor a certain duty of care.
If you or your child has sustained an injury after being invited onto someone else’s property for business or pleasure, you might be entitled to compensation directly related to your injury. Texas has a two-year statute of limitations on personal injury cases, including premises liability cases, so you should contact a licensed attorney as soon as possible following your accident. Call one of the experienced attorneys at the Law Offices of George Salinas, located in San Antonio, Texas, at (210) 225-0909 to discuss the details of your case.
Our Past Results in Premises Liability Cases
At the Law Offices of George Salinas, our legal team has recovered millions of dollars in compensation for clients who we have represented in previous personal injury cases, including those that involve premises liability issues. While there is no way to guarantee a favorable result in any particular case, the attorneys at the Law Offices of George Salinas will advocate for you and fight to attain the best possible outcome given your individual situation.
Injured Sustained in Premises Liability Cases
Many situations give rise to premises liability accidents, but almost every injury that occurs on another individual’s property falls under this type of personal injury claim. Here are some of the most common examples of accidents that personal injury attorneys often deal with in premises liability cases:
- Slip and falls caused by hazardous conditions or spills at a place of business
- Swimming pool accidents at public and private pools
- Elevator or escalator malfunctions that lead to injury
- Poor building maintenance that leads to injury
- Lack of building security that leads to assault, rape, homicide, or other intentional harm
- Malfunctioning theme park rides that lead to injury
Premises Liability Accidents Injuries
Injuries that occur in premises liability accidents vary significantly based on the specifics of an accident, including location and severity. Some examples of injuries that are often associated with premises liability lawsuits include:
- Fractured and broken bones
- Lacerations and contusions
- Soft tissues damage to muscles, ligaments, and tendons
- Head trauma, including concussions and traumatic brain injuries
- Back and spinal cord injuries
- Burns from fires, explosions, or exposure to dangerous chemicals
- Emotional trauma in cases that involve intentional harm
Damages in Premises Liability Cases
In Texas premises liability cases, victims are eligible to seek compensatory and exemplary damages. Texas courts only award exemplary damages, often referred to as punitive damages in other states, in cases of fraud, malice, or gross negligence. Courts most often award compensatory damages, which are meant to help victims recover from the economic and social costs of their injuries. Some of the most common compensatory damages in premises liability cases include:
- Medical expenses, including ambulance and emergency services, hospitalization, doctor visits, x-rays, prescription medication, physical therapy, and assistive devices such as wheelchairs, canes, and prosthetic limbs
- Future medical expenses in the case of a permanent disability
- Lost wages for missing work because of an injury
- Lost earning capacity in the event that an injury prohibits a victim from returning to work
- Home modification expenses if the victim needs to install handrails, ramps, or other modifications for accessibility
- Cost of replacement services, including domestic help for cooking, cleaning, running errands, lawn care, and any other activity that a victim cannot perform following an accident
- Pain and suffering directly related to the injury
- Loss of consortium
Property Owners Will Pin the Blame on You
Property owners and their insurance carries will go out of their way to avoid paying damages when they are named as defendants in premises liability lawsuits. Insurance companies will deny claims and suggest that a victim’s injury occurred elsewhere, and shifting blame to the victim is one of the most common defense tactics.
Texas courts apply a modified comparative fault rule in premises liability cases. Under the doctrine of modified comparative fault, after a court finds that a negligent property owner caused a victim’s injury, the court assigns a percentage of fault to each party and reduces the award according to this percentage. For example, if an injured individual sues for $100,000, and the court determines that the plaintiff was 10 percent at fault for his or her injury, the court will reduce the damages amount by 10 percent, to $90,000. Texas’s modification of comparative fault prohibits injured parties from collecting damages if they are more than 50 percent at fault for their own injury.
Modified comparative fault gives the defense an incentive to shift the blame to the injured party. The defense might try to accomplish this in a variety of ways, including claiming that the property owner marked the dangerous condition that caused the accident, the victim was distracted talking to someone else or using a cell phone, and the victim entered a prohibited area of the property. However, if the injured victim is a child, this strategy typically does not work. Like other states, Texas has codified the law of attractive nuisance, which places a higher duty of care on property owners when children are involved; even child trespassers are protected.
A licensed attorney with experience representing individuals in premises liability cases will know what strategies the defense might attempt to employ, and fight to hold those who caused your injury responsible.
Contact Our San Antonio Premises Liability Lawyer
If you live in the San Antonio area and have sustained an injury on someone else’s property, call one of the experienced premises liability attorneys at the Law Offices of George Salinas at (210) 225-0909, or contact us online, to schedule your free consultation. We will evaluate your case and determine your eligibility for compensation.