San Antonio Premises Liability Lawyer
If you were injured due to a dangerous condition existing on the property of another person or of a business in San Antonio, you may think it will be easy to collect for your damages. Think again. The Supreme Court of Texas recently issued an opinion that explained exactly the difficult burden that must be met in order to prevail on a premises liability claim.
It is not an easy burden to meet. You need the services of an experienced premises liability attorney like San Antonio personal injury lawyer Eric Ramos. He recognizes the difficulty his clients face in pursuing a claim to settlement or trial while they are still suffering from their injuries, accumulating medical bills, and losing wages.
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.
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