What is Premises Liability? Commercial and Private Property Accidents

Have you been hurt on someone else’s property in San Antonio? If so, you should know that, in Texas, accidents occurring on someone else’s property will fall into one of two categories: negligent acts or premises liability. While “negligent acts” refer to ongoing activities occurring at the time of the injury, “premises liability” is a term referring to instances where someone is injured by a condition of the property.

Premises liability can be a bit confusing, so our San Antonio personal injury attorneys at Carabin Shaw are here to answer some basic questions about these types of cases.

Whenever a property owner fails to ensure that their property is safe for guests, tenants, or customers, there’s a possibility that they are guilty of premises liability. This is because, legally, it is the duty of the property owner to maintain their premises, prevent dangerous conditions, and supply warnings whenever the property has potential hazards to guests (for example, putting out a “wet floor” sign after mopping).

In short, “premises liability” refers to the laws that govern who is considered responsible for injuries that occur due to the condition of a building, of land, or of other premises.

Premises liability is a broad category of injury law, and it includes many various kinds of accidents. Additionally, claims can be made for injuries to individuals as well as property damage occurring on the premises. Common examples of premises liability claims include:

• Uneven flooring
• Oily or wet flooring
• Unsecured carpets
• Broken or loose thresholds, stairs, or steps
• Dog bites
• Inadequate building security
• Swimming pool accidents
• Construction site accidents
• Toxic fumes / chemicals
• Parking lot accidents

In most cases, any person who was injured on someone else’s property is eligible. However, if someone was trespassing, they may not be able to file a claim. It’s best to discuss your potential case with an experienced lawyer as soon as possible.

In order to build a successful premises liability case, you must be able to prove all of the following:

1. The defendant had some knowledge of the condition of the premises.
2. The condition of the premises posed an “unreasonable risk” of harm.
3. The defendant didn’t reasonably attempt to remedy the source of the risk.
4. This failure by the property owner caused your injury.

Because all of the above must be proven in order to have a successful premises liability case, these types are often more difficult and more involved than negligence cases.

Oftentimes, it is especially difficult to prove that the property owner had prior knowledge of the property’s condition. That’s why premises liability cases must be handled by knowledgeable attorneys who have years of experience handling premises liability claims.

Whether you were injured in a commercial property accident or a private property accident, you need to choose a lawyer with years of experience handling premises liability cases. At Carabin Shaw, our San Antonio accident attorneys have decades of experience with these types of cases, and a winning track record. Our professionalism, attention to detail, and reputation are unmatched – just ask our clients.

If you’ve been seriously injured on someone else’s property, you owe it to yourself to hire San Antonio’s best personal injury lawyer. So call our San Antonio office today at 210-222-2288 for your free consultation with an attorney. We can help you receive the compensation you deserve.