San Antonio Premises Liability Lawyers: Slip and Fall Injury Attorneys

Types of Property Conditions That Lead to Slip and Fall Injuries

Slip and fall accidents in San Antonio are often preventable and typically result from hazardous property conditions. Common causes include wet or slippery floors due to spills, rain, or mopping, where property owners must display visible warning signs to alert patrons. Uneven surfaces, such as broken tiles, loose floorboards, or cracked sidewalks, pose significant risks to visitors. Poor lighting in stairwells, parking lots, or hallways can obscure obstacles, while cluttered walkways with unattended debris or items can lead to trips and falls. Damaged staircases or railings, like loose handrails or broken steps, are also frequent contributors to injuries. If you’ve suffered harm due to any of these hazards, proving a successful premises liability claim involves demonstrating that the property owner owed a duty of care, breached that duty, and caused tangible damages. While Texas’ modified comparative negligence rule may reduce compensation if partial fault is established, an experienced San Antonio slip and fall attorney from Eric Ramos Law can navigate these complexities to help you secure justice and fair compensation.

Elements You Must Prove in Your Premises Liability Claim

The recent Supreme Court of Texas decision noted that premises liability claims are a “branch” of negligence law, but require proof of different elements. This means that in order to sustain your claim for premises liability, you must prove the following:

• The defendant knew or should have known of some dangerous condition on the premises.
• The condition posed an unreasonable risk of harm to the plaintiff.
• The defendant did not exercise reasonable care to reduce or eliminate the risk.
• The defendant’s failure to use such care caused the plaintiff’s injuries.

The Court noted that premises liability is the right action to bring when there is a defect on the premises. If the injury occurred as a result of “an activity on the premises,” then it is a negligence action. This is a very fine line and can make it difficult to evaluate which theory you should present in your claim.

In addition, the duty owed to you by the owner or manager of the property depends on whether you are an invitee, licensee, or a trespasser. Plus, you have to prove that the defendant you have sued was the one who had control of the property.

How a San Antonio Premises Liability Attorney Can Help

Premises liability and negligence are closely related theories and how the claim is presented to the court can make a difference in winning or losing your case. In the Supreme Court of Texas case, the plaintiff was awarded $2 million at trial that focused on a negligence theory and, in fact, the jury was only instructed on the elements of negligence. There was no instruction concerning a premises liability theory.

The Supreme Court reversed the trial award and turned it into a “take nothing” judgment, holding that the jury should have been instructed that the plaintiff had to prove all of the elements of premises liability.

There can be no guarantees in the law. Each case is decided upon its own unique facts. But, your chances are greater if you have an experienced personal injury attorney working on your behalf who can review the facts and know whether you have a simple negligence claim, premises liability claim, or a claim that appears to fall under both legal theories.

You will find that lawyer at the Law Office of Eric A. Ramos. Our principal office is located in San Antonio, but we serve all those in the state of Texas. We offer a free consultation where you can tell us about your case and we will help you decide on what to do next.

The law requires you to bring your claim within a certain period of time after the incident. Do not let that time go by. Contact us as soon as possible either online or at (210) 404 (HURT). If you are unable to come to us, we can arrange to come to you.

Areas We Serve: Advocating for Slip and Fall Victims in San Antonio and Beyond

At Eric Ramos Law, PLLC, we are dedicated to helping slip and fall victims across San Antonio and the surrounding communities. If you’ve been injured due to hazardous conditions on someone else’s property, our team of experienced attorneys is ready to provide personalized legal representation. We assist clients throughout Texas, including the following areas:

• San Antonio
• Laredo
• McAllen
• Midland
• Austin

If your slip and fall accident occurred in a store, parking lot, or public space, we are here to ensure your rights are protected. With a strong commitment to securing justice for our clients, we will help you navigate the complexities of premises liability law. 

FAQs About Premises Liability Claims in San Antonio

What is premises liability?
Premises liability refers to the legal responsibility of property owners to maintain safe conditions for visitors. If you are injured due to unsafe conditions on someone else’s property, you may have grounds for a premises liability claim.

How long do I have to file a premises liability claim in San Antonio?
In Texas, the statute of limitations for premises liability claims is typically two years from the date of the injury. However, it’s important to contact an attorney as soon as possible to avoid missing deadlines.

Can I sue for a slip and fall injury in San Antonio?
Yes, if you were injured due to a slip and fall caused by hazardous conditions on someone else’s property, you may have grounds for a premises liability claim. An experienced lawyer can help you assess your case.

How do I prove negligence in a premises liability case?
To prove negligence in a premises liability case, you must demonstrate that the property owner knew or should have known about the dangerous condition, failed to address it, and caused your injuries.

What types of accidents are covered under premises liability?
Common types of premises liability cases include slip and fall accidents, negligent security, defective property conditions, and swimming pool accidents.

What happens if I am partially at fault for my injury?
Under Texas’ comparative negligence law, your compensation may be reduced based on your level of fault. If you are partially responsible, the court will assign a percentage of fault and reduce your damages accordingly.

How can a lawyer help with my premises liability case?
A skilled premises liability lawyer can investigate your case, gather evidence, identify liable parties, and help you navigate the legal process to pursue maximum compensation.

What is the duty of care owed to invitees in San Antonio?
Property owners owe the highest duty of care to invitees, meaning they must take reasonable steps to prevent any hazardous conditions and ensure a safe environment for visitors.

What should I do if I get injured on someone else’s property in San Antonio?
If you are injured, seek medical attention immediately. Then, contact a San Antonio premises liability lawyer to discuss your legal options and begin the claims process.

How much does it cost to hire a premises liability lawyer?
At Eric Ramos Law, we offer a free consultation, and we work on a contingency fee basis, meaning you don’t pay unless we win your case.