Premises Liability Lawyer San Antonio

When a business or property owner fails to take basic safety measures, unsafe premises can put visitors at risk. The result can be serious injuries, mounting medical bills, lost income and, in the worst cases, the death of a loved one. Daspit Law Firm represents injured people and families in San Antonio and across South Texas.

Our lead San Antonio personal injury attorney, John Daspit, once worked as an insurance defense lawyer. He knows how homeowners' and companies' insurers respond to these claims and uses that experience to defend the rights of injured people and surviving family members.

What Is Premises Liability?

If you were injured on another person's property because of that party's negligence, whether a company, homeowner, hotel or landlord, you may be owed compensation for medical costs, missed pay and other losses. Property owners owe visitors a duty to keep the premises reasonably safe, and when they fail, innocent people can suffer.

How Texas law treats visitors

The duty an owner owes can depend on why you were on the property. Customers and other invited guests are generally owed the highest duty: the owner must use reasonable care to fix hazards it knows or should know about, or warn of them. Different rules apply to social guests and to trespassers, so the facts of your visit matter.

What you generally must show

In most premises cases you need to show that a dangerous condition existed, that the owner knew or reasonably should have known about it, that the owner failed to fix it or warn, and that this failure caused your injury.

Common Types of Premises Liability Claims

Slip-and-fall and trip-and-fall accidents

Slip-and-fall accidents can result from spilled liquids, oily surfaces and wet floors. Trip-and-fall injuries can come from poorly maintained walkways, badly lit stairways and uneven surfaces.

Inadequate security

Property owners may be responsible when negligent security fails to prevent an assault, robbery, rape or other violent crime. Read more about negligent security claims.

Swimming pool accidents

Pool injuries can follow a failure to fence off the pool area or to maintain safety barriers and equipment.

Dog bites and animal attacks

An owner or landlord may bear responsibility for an animal attack, for example when a dog is left unleashed or a landlord fails to act on a known dangerous dog.

Compensation in a Premises Liability Case

Every case is different and no outcome can be promised. A claim may seek:

•         Medical bills, including ongoing treatment

•         Lost wages and reduced earning capacity

•         Pain, suffering and other non-economic losses

•         Funeral expenses and related damages if a loved one dies, which may also be a wrongful death claim

Texas follows a modified comparative fault rule. If you are found more than 50 percent responsible for your own injury, you generally cannot recover, and a lesser share reduces your compensation. For that reason, how the accident is documented early on matters.

What to Do After an Injury on Someone Else's Property

•         Get medical care right away and keep all records

•         Report the incident to the owner or manager and ask for a copy of any report

•         Photograph the hazard, the scene and your injuries before conditions change

•         Collect names and contact details of any witnesses

•         Keep your shoes and clothing as they were

•         Avoid giving a recorded statement to an insurer before speaking with a lawyer

Most Texas personal injury lawsuits must be filed within two years of the injury under Texas Civil Practice and Remedies Code section 16.003, so do not wait.

How Daspit Law Firm Can Help

When your rights and financial recovery are on the line, your choice of legal advocate matters. We are committed to treating every client's case as if it were our own. We handle premises liability matters on a contingency fee basis, which means you do not pay unless we win. Our work also includes personal injury claims of many other kinds.

Call for a Free, Confidential Consultation

Find out whether you have a premises liability case and how we can help. Call Daspit Law Firm to set up a free, confidential consultation. We are available 24/7.

Frequently Asked Questions

Who is responsible when I am hurt on someone else's property?

The owner, occupier, landlord or business that controlled the property may be responsible if its negligence caused a hazard and you were injured. Sometimes more than one party shares responsibility, such as a property manager or a security contractor. Your lawyer will look at who controlled the area.

What if the owner says I should have seen the hazard?

Owners often argue a hazard was open and obvious. That does not automatically defeat a claim, but it can affect how fault is divided. Under Texas comparative fault rules, your own share of blame may reduce what you recover. Evidence about lighting, warnings and the condition of the area is important.

Can I bring a claim if I was injured at a rental or apartment?

Possibly. A landlord may be responsible for hazards in common areas or for failing to address dangers it knew about, including inadequate security or a dangerous animal. Lease terms and the exact location of the injury matter, so a lawyer should review the facts.

How long do I have to file a premises liability lawsuit in Texas?

Most Texas personal injury lawsuits must be filed within two years of the injury under Texas Civil Practice and Remedies Code section 16.003. Different deadlines can apply in some cases, including claims involving government property, so speak with a lawyer promptly.

How much does it cost to hire Daspit Law Firm?

The consultation is free and confidential. We handle premises liability claims on contingent fees, which means you do not pay unless we win.