What Is Premises Liability?
Premises liability refers to a legal claim that arises when someone is injured on another person’s property because the property owner either caused or failed to correct a dangerous or defective condition.
Premises liability arises when a property owner becomes aware or reasonably should have become aware of a hazard that could potentially cause a visitor’s injury. A property owner may know about the hazard if they created or discovered it. A property owner may also be held liable if the hazard existed on their property long enough that, with reasonable diligence, they should have discovered and remedied the hazard.
The compensation rights of someone injured in an accident on someone else’s property can be affected by the circumstances of their presence there. Someone who is invited onto the property, such as a customer entering a store, is owed a greater duty of care than someone who entered the property for their benefit, such as a door-to-door salesperson.
Furthermore, the only obligation that a property owner has to an adult trespasser is to not actively harm them. In some cases, trespassing children may be able to bring a claim if they are injured by a hazard on someone else’s property.
Types of Premises Liability Cases
At the Law Offices of Troy A. Brookover, our San Antonio premises liability lawyer can help you when you have been injured by:
- A slip and fall or trip and fall
- Negligent security, or injuries arising from assaults or criminal activity made possible by inadequate locks, lighting, security cameras, or trained security personnel, for example
- Swimming pool accidents, including diving accidents or drownings
- Dog bites
- Fires and explosions
- Toxic exposure, including asbestos and lead
- Elevator and escalator accidents
- Building collapse
Recovering Compensation after a San Antonio Injury on Someone Else’s Property
If you’ve been injured on someone else’s property, a premises liability claim can allow you to recover compensation for the financial and personal losses you suffered. The compensation can include money for:
- Medical bills and expenses, including hospital care, surgeries, physical therapy, doctor’s appointments, prescription pain medication, and medical and mobility equipment purchases
- Home healthcare or other personal care expenses if you suffer a permanent disability
- Lost income if you must miss work while recovering
- Loss of future earning ability if you are permanently disabled from returning to your job or other forms of work
- Pain, suffering, and lost quality of life
Statute of Limitations on Premises Liability Claims in San Antonio
If you are injured in an accident on somebody else’s property in San Antonio, and you plan to file suit, the statute of limitations under Texas law requires that you do so within two years of the accident.
Waiting until after the statute of limitations has expired means that the court will most likely dismiss your case as not timely filed. If that happens, you will forever lose your right to seek compensation through the civil court system.
You should contact a San Antonio premises liability lawyer as soon as possible after your injury so they have enough time to build a strong case and file it before the deadline.
What to Do If You Are Hurt on Someone Else’s Property
The actions you take in the moments, days, and weeks after an accident on another person’s property could affect your ability to get fair compensation for your injuries. If at all possible, you should:
- See a doctor as soon as possible to have your injuries diagnosed and treated. Doing so also creates a document chain that can provide valuable evidence of your injury.
- Notify the property owner or occupant, if you can locate them, that you were injured on their property. Try to get the property owner’s contact and insurance information.
- Request a copy of any accident or incident report if your injury occurred on commercial property.
- Take photos and videos of the scene of the accident, including the hazard that caused your injury, any warning signs or safety equipment nearby, and any visible injuries you suffered.
- Keep copies of your bills and invoices as well as your pay stubs or tax records to document the expenses and losses you have suffered because of your injuries.
- Speak to a premises liability lawyer as soon as possible to discuss your legal options for pursuing compensation.