Texas does not ask whether the property was dangerous. It asks what the owner knew and when. Our San Antonio premises liability attorneys prove both.
Next Steps
The First Hour Matters: A San Antonio Premises Liability Lawyer's Checklist
Photograph the hazard before anyone cleans it up, and get a wide shot showing where it sits relative to the nearest employee or camera. Report it and ask for a copy of the incident report in writing. Get names and numbers from witnesses, because store employees turn over fast. Then get treated the same day. Say nothing to an insurer about fault.
Why You Need a San Antonio Premises Liability Attorney on Your Side
Most people assume a slip and fall case is about whether the floor was wet. In Texas it is about time. Under Wal-Mart Stores, Inc. v. Reece, decided by the Texas Supreme Court in 2002, proving that an employee was standing right next to the spill is not enough. The court called that evidence the owner could have discovered the hazard, which is different from evidence the owner should have. You have to show the condition sat there long enough that a reasonable inspection would have caught it. Lawyers call this the time-notice rule, and it is why cases are won and lost on surveillance timestamps, sweep logs, and inspection sheets that get overwritten in 30 days or less. Texas also sorts visitors into categories that change the duty owed. A customer in a store is an invitee and gets the highest protection. A social guest is a licensee and gets less. Which label attaches to you is often the first fight a premises liability lawyer in San Antonio has to win.
How We Help
A Team that fights for you
We deal with insurance
Surveillance systems overwrite on a loop, often within weeks. Your San Antonio premises liability lawyer sends a preservation letter immediately, then pursues the sweep logs and maintenance records that establish how long the hazard was there.
We collect evidence
Prior incidents at the same location are frequently the strongest evidence in the file. We request maintenance records, previous complaints, and police call history for the address.
We get you medical care
Falls cause fractures, spinal injuries, and traumatic brain injuries that surface days later, which is why a clean treatment record starting on day one matters so much. We arrange care with local providers whether or not you carry insurance.
Your compensation
What You Can Recover
Medical Expenses
Lost Wages
Pain and Suffering
Loss of Earning Capacity
Disability Benefits
Emotional Distress
Rehabilitation Costs
Loss of Enjoyment of Life
Wrongful Death Damages
Out-of-Pocket Expenses
Testimonials
Hear from our clients
"I've had a very positive experience with Kristi and the rest of the team at Ornelas Law. Everyone is very informative a nd helpful an d all my questions and concerns get answered in a timely manner."
Josh L.
Case type
"First time using this attorney and to be honest they are one of the best people I ever spoked to through messages and don't get me started our case manager Kristi is one of the most fun loving and so caring person I ever met through calls and messages she gets things done when we ask her to do so also she will not give up on trying to bug people for answers."
Kim G.
Case type
"I chose Mr. Ornelas because is the greatest law firm, he has helped me every step of the way. And has helped me through the process of getting my settlement and he is the nicest person ever always answers his calls and always answering my questions. He is always on the ball of making sure I got my settlement. Thank goodness for him."
Josie G.
Car Accident
Why Us
Holding Negligent Property Owners in San Antonio Accountable
The cases we see track the city. Grocery and big box floors on the North Side. Downtown and Pearl-area parking garages with broken lighting. Apartment complexes along the 410 corridor with gates that have not worked in months. Hotel pools, which matter in a city that runs above 90 degrees for a third of the year. Restaurant kitchens and walkways during Fiesta week crowds. Apartment cases deserve their own note. Texas landlords carry duties on security, common areas, and known defects, and a management company that has been documenting complaints in a maintenance system has created the record that proves your case. Getting to that record before it is purged is the job. Our San Antonio premises liability lawyers litigate in the Bexar County civil district courts, and we build every file expecting the property’s insurer to argue you should have seen the hazard yourself.
Your Case
Understanding Your San Antonio Premises Liability Case
If you were assaulted, shot, or robbed at an apartment complex, parking garage, hotel, or bar, the property owner can be liable for failing to provide security. Texas runs these claims through a specific test. Timberwalk Apartments v. Cain gave courts five factors for deciding whether the crime was foreseeable: how close prior crimes occurred to the property, how recently, how often, how similar they were, and how publicized they were. Courts generally look at the two years before the incident. Then there is a second hurdle. In UDR Texas Properties v. Petrie, a man shot in an apartment parking lot at two in the morning lost, because the Texas Supreme Court held that foreseeability and unreasonableness are separate questions. Even a foreseeable risk creates no duty unless it outweighs the burden of preventing it. This is winnable work, and it runs on records. San Antonio publishes SAPD offense data through the city’s open data portal, which means the crime history at a specific address can be reconstructed and matched against exactly what Timberwalk asks for. That reconstruction is what a San Antonio premises liability attorney builds the case on.
What are the most common types of premises liability accidents?
Some of the most common premises liability cases involve slip and fall accidents, trip hazards, inadequate security, dog bites, swimming pool accidents, and injuries caused by falling objects or structural failures. Any time a property owner’s negligence leads to an injury, it may qualify as a premises liability claim.
How do I prove the property owner was negligent?
To win a premises liability case in Texas, you need to show that the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Evidence such as surveillance footage, maintenance logs, prior complaints, and witness testimony can all help establish negligence.
What if I was partially at fault for my injury?
Texas uses a modified comparative fault rule, so you can still recover compensation as long as you are not more than 50% responsible for the accident. Your compensation may be reduced based on your share of fault, but you are still entitled to pursue a claim.
How long do I have to file a premises liability claim in San Antonio?
In Texas, the statute of limitations for premises liability cases is generally two years from the date of the injury. Waiting too long can result in losing your right to file a claim entirely, so it’s important to speak with a San Antonio premises liability attorney as soon as possible.
What if I was injured at a business or commercial property?
Business owners owe a high duty of care to their customers and visitors. If you were injured at a store, restaurant, hotel, or any other commercial property due to unsafe conditions, the business may be held liable. Our attorneys at Cesar Ornelas Law will investigate the property and pursue every responsible party on your behalf.
If youโve been injured due to unsafe conditions on someone elseโs property in San Antonio, you shouldnโt have to cover the cost of their negligence. Contact Cesar Ornelas Law today for a free consultation and let our premises liability team fight for the compensation you deserve.
Don’t wait to get the legal representation you need. Our personal injury lawyers are ready to review your case at no cost. Call now or book your free consultation online.