Premises Liability Lawyer San Antonio

In plain English, premises liability covers a building owner or operator’s obligation to keep you safe. This includes everything from slip and fall injuries to parking lot damage or even building security failing to protect you as they should.

Any person or entity that provides you with a place to go has a responsibility to keep you safe. This applies to apartment complexes being negligent with their upkeep to parking garages providing adequate security.

Some Common Premises Liability in San Antonio, TX

Any person or entity that provides you with a place to go has a responsibility to keep you safe. This applies to apartment complexes being negligent with their upkeep to parking garages providing adequate security. Some of the things you may not realize that are covered can include:

• Maintenance – Cracked or uneven pavement
• Slippery Surfaces – You have a right to walk safely and without fear of falling
• Safety – Holes dug in the ground that aren’t marked or other construction being performed without warning
• Broken windows
• Security – Non-functioning security gates or security equipment
• Recreation – Unsafe swimming pools or water park areas
• Toxicity – Mold and toxic chemicals in buildings make you sick

Yes, the world is a dangerous place. If a property owner should have been taking care of something and was negligent, your rights have been violated and you need to seek justice.

The one thing that people need to keep in mind with premises liability cases is that the insurance company for the negligent party is very likely to accuse a victim of being at fault for their injuries. This is a common defense to premises liability claims because a person’s own negligence will thus prohibit them from being able to recover any damages.

Common Defenses Used In Premises Liability Cases

Blaming the victim isn’t the only defense property owners like to use in premises liability cases. Other common defenses include:

Not Knowing About A Particular Hazard

Property owners are responsible for removing all dangerous hazards from their property. However, the property owner must have reasonably known about the hazard to be held accountable. The property owner may argue that they were unaware of the hazard or how dangerous it could be.

Unforeseen Circumstances

There may be situations on the owner’s property that they could not predict. Assault from another person, for example, would be one of those circumstances.

Property owners may argue that they could not predict the incident that happened.

Not Having Control Of The Property

Property owners may not have control of the premises and may use this fact to avoid liability.

For example, a property owner may provide rental space for a business owner. If someone is injured from a hazard on the property, the business owner may be found at fault instead of the property owner.

Premises Liability Damages Near The San Antonio Area

The damages in a premises liability case can be significant, depending on the severity of the injuries a person suffers. You could be entitled to damages that include, but are not limited to:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage
• Loss of consortium

What to Do After an Accident in the San Antonio Area?

Following any kind of premises liability accident, your first concern should always be seeking medical attention because getting a medical record can be critical for securing compensation in your case. Another very important thing you will want to do is take pictures of your accident scene.

You should photograph the entire scene from various angles and distances so you can help preserve what will be very important evidence, as a negligent party is very likely to correct a dangerous condition after your accident and the evidence will presumably disappear. If you cannot take pictures yourself because of your need for medical care, then you should ask a friend, family member, or any other person you know to take photographs for you.

Types of visitors

You should also understand that there are typically three types of visitors to premises. These include:

• Licensees — People who are on the property with the consent of a property owner for non-commercial purposes and usually for their own benefit. Licensees are owed the highest duty of care by property owners.
• Invitees — People who are on the property with the consent of a property owner for some type of business purpose that may benefit both the invitee and the property owner. A property owner needs to notify invitees of any potential hazards.
• Trespasser — People who are on the property without the consent of a property owner. A property owner has no duty of care to a trespasser, but they cannot intentionally injure them.

How a San Antonio Premises Liability Lawyer Can Help Your Claim

There are so many accidents that can fall under premises liability. These accidents may require different forms of evidence to prove the property owner’s liability. The property owner’s insurance company may also harass you. They may be calling you nonstop and requesting additional information. You may even feel at a standstill with the insurance company.

They may be stalling the negotiation process as you request the compensation you deserve. When experiencing these issues (or wanting to avoid them), you may want to consult with a San Antonio premises liability lawyer. Your premises liability lawyer can protect your legal interests in and out of the courtroom.

Proving Fault In Your Case

It’s not always easy to prove fault in a premises liability case. It all depends on the evidence that you provide. A San Antonio premises liability lawyer can help collect the most compelling evidence for your case. This includes evidence like the following:

• Pictures or video footage of the accident scene
• Pictures of the conditions of the property
• Accident reports (past and current)
• Property records
• Copies of the property owner’s insurance policies
• Copies of medical records

Your premises liability lawyer can also help prove that the property owner is the actual owner of the property. Property owners try to avoid liability by claiming that they are not the actual owner of the property. This evidence can help establish the property owner’s identity and ownership.

Negotiating With The Property Owner’s Legal Team

Your premises liability lawyer can negotiate if you want to avoid being lowballed by the property owner’s insurance company. Experienced premises liability lawyers are used to negotiating with insurance companies. They know what excuses they may use to avoid paying out legitimate claims.

They can use their negotiation skills to reach the best settlement for you. When you go up against the insurance company alone, it can seem as if you are alone. But your San Antonio premises liability lawyer can provide different resources that may give you an advantage.

Fighting For The Best Outcome No Matter What

Most importantly, your San Antonio premises liability lawyer will fight for your rights no matter what. The property owner’s insurance company may intimidate you by threatening a trial. They may insinuate that you don’t have a chance of being successful.

Your premises liability lawyer would not offer to represent you if that were the case. Your lawyer will fight for the best outcome, whether your case ends in a settlement or a verdict. There are several options that you have to seek compensation for your injuries. Your premises liability lawyer can review your case and determine the most successful strategy for your case.

What To Look For In A San Antonio Premises Liability Lawyer

You should search for a San Antonio premises liability lawyer who has the following traits:

• Great at communication
• Takes your premises liability case personally
• Experienced in handling premises liability cases.
• Someone dependable

It’s not enough to work with a knowledgeable San Antonio premises liability lawyer. If you are uncomfortable or trust your lawyer, you may not want them handling your case.

Hire a Premises Liability Lawyer in San Antonio to Handle Your Claim

You may be tempted to believe that you will not need to hire a lawyer when another party was clearly at fault for your injuries, but handling a premises liability claim on your own can be a big mistake because even though an insurance company may offer a lump-sum settlement to resolve your case, you will also probably be leaving a lot of money on the table. Many people do not account for the future bills they will be facing when negotiating settlements with insurance companies, and as a result, they end up accepting amounts that do not fully cover the lifetime costs and such victims are then powerless to obtain any additional damages after the case is closed.

Worse yet, people who try to handle their claims themselves also run the risk of accidentally saying things to insurance companies that ultimately damage their cases, and insurers, in turn, end up offering nothing. You should always avoid speaking to any insurance agent until you have an attorney because your legal representation can handle all phone calls from insurers on your behalf and will know how to communicate with agents in a responsible manner that not only protects your rights but also works towards a far more lucrative settlement.

Yes, the world is a dangerous place. If a property owner should have been taking care of something and was negligent, your rights have been violated and you need to seek justice.

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