When to Pursue a Premises Liability Claim in San Antonio
Pursuing a claim after a personal injury may seem intimidating at first glance, which is why working with San Antonio premises liability attorneys is a vital first step to obtaining any and all compensation you deserve after an accident. Deciding how and when to pursue such a case comes with its own challenges. However, if you have been injured on the property of another person or business, attorneys at Carabin Shaw will help you fight for that justice.
Texas attorneys at Carabin Shaw understand the many hardships that accompany a premises liability accident in San Antonio. While staggering medical bills and missed wages are a common result of any personal injury, premises liability cases encapsulate some of the most common personal injuries in San Antonio, including slip-and-fall accidents, stairway or elevator injuries, workplace injuries, and many more. Deciding how to begin such a claim can be overwhelming, and that’s why lawyers at Carabin Shaw will fight for you from the moment of your accident to the moment you receive compensation.
When to Pursue a Premises Liability CaseOne of the first steps to establishing a premises liability case is to identify fault and liability. If your accident occurred on the property of another person or organization, due to risky or dangerous conditions and the negligence of the property owner, then you may have a case. In San Antonio, however, the victim’s relationship to the property owners impacts the level of safety that the owner owes the victim. This relationship has three standard categories in San Antonio.
LicenseeA licensee is a person who has been expressly invited to enter the property by the owner of the property. Licensees are defined as entering the property for their own gain, and includes visitors such as social guests. The owner of the property is required to warn licensees of any potential dangers on the property, though it is not necessary for them to immediately address or repair the dangerous conditions. The owner is not necessarily required to inspect and recognize all potential threats, however. If the dangerous condition was not known to the property owner, then they may not be liable.
InviteeInvitees are individuals who enter a property with the explicit or implicit knowledge of the owner, for the mutual benefit of the owner and the invitee. This often includes malls, restaurants, and other places of business. The owner of such properties has a responsibility to inspect and be aware of all potential dangers on the property, and then to warn or make safe those dangerous conditions. Of the three types of relationships between victim and property owner, an invitee is owed the most from the property owner.
TrespassersA trespasser is an individual who has entered a property without permission and unlawfully. They are owed the least from the property owner, with a case only capable of being pursued through gross negligence on the property or if they have been caused intentional harm by the property owner. There are some expectations to this in the case of children, who can be attracted to properties without recognizing the dangers. If your child has been injured in a situation like this, working with expert personal injury attorneys in San Antonio is especially important.
If you believe you have a case for a premises liability claim, our experts are ready to meet with you. Attorneys at Carabin Shaw offer free initial consultation and case review to help you establish your case.
Premises Liability Experts | Carabin ShawWorking with a lawyer at Carabin Shaw means gaining the support of an expert who will prioritize your best interests, and Carabin Shaw’s client reviews are clear evidence of this. Our experts are available, toll-free and 24/7, at 800-862-1260 with both English AND Spanish-speaking staff.