San Antonio Premises Liability Attorneys

Protecting Your Rights in Texas Premises Liability Cases

Premises liability refers to a property owner's legal responsibility to maintain a safe environment. These responsibilities are regulated in various ways, from building zoning codes to safety protocols. When a property owner—either residential or commercial—fails to uphold safety standards, and someone gets hurt, that owner may be held responsible for medical and financial damages that result.

At Maloney Law Group, P.L.L.C., we help injured victims file claims and recover compensation through trial or settlement. Our opponents—including insurance companies—know our firm well and recognize that we are fully prepared to take matters to court if fair settlements are not offered to our clients.

Have you been injured due to unsafe conditions on someone else's property in Texas? Call Maloney Law Group, P.L.L.C. today at (210) 361-2997 or contact us online to discuss your case with an experienced San Antonio premises liability lawyer!

Premises Liability Cases We Handle

If someone has failed to keep their property reasonably safe, they have likely violated a law. Our San Antonio premises liability attorneys aim to hold these property owners accountable for failing to maintain safe premises.

We handle a wide range of premises liability and unsafe condition cases, including those that involve:

• Slip-and-fall or trip-and-fall accidents
• Broken stairs, walkways, or handrails
• Poorly lit walkways
• Lack of caution signage (wet floor signs, construction signs, etc.)
• Improper or poorly maintained exit signage
• Falling merchandise in big box and retail settings
• Negligent security (broken door or window locks, faulty fire alarms, or carbon monoxide detectors)
• Animal attacks and dog bites

Premises liability cases can involve complex legal and factual issues that require detailed investigation. Our team reviews each aspect of the situation, gathering evidence and identifying liable parties. We understand that each case is unique and demands a tailored approach to achieve the best outcome possible for our clients.

If you believe a property owner was negligent, leading to your injuries and resulting damages, do not wait to contact our firm for legal help. In Texas, you typically only have two years from the date of the injury to file a lawsuit, so don’t wait until it’s too late!

Understanding Texas Premises Liability Laws

In Texas, premises liability laws are derived from the general principle that property owners must ensure the safety of those who enter their premises. This duty varies depending on the visitor's status, which can be categorized as an invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care. Owners must inspect their property regularly and repair or warn of any hazards. Licensees, like social guests, are owed a lesser duty, focusing on warning them of known, non-obvious dangers. Trespassers are generally not owed a duty of care unless they are children or at risk of harm after entering.

The nuances of these categories can significantly impact a claim's outcome, as determining the visitor's status is crucial for establishing the owner's duty of care. Our team at Maloney Law Group, P.L.L.C. is well-versed in navigating these legal complexities in Texas, ensuring each client's unique situation is appropriately addressed under state law.

Holding Negligent Property Owners Accountable

Texas law requires residential and commercial property owners to ensure their premises are reasonably free of hazards and safe for visitors. When they fail to uphold this duty of care—whether by failing to conduct adequate property maintenance or remove or repair dangerous conditions—innocent people can get seriously hurt, and responsible property owners can be held accountable.

To bring a successful premises liability claim, you will need to prove the following elements:

• The property owner owed you a duty of care (typically, this means you were on the property lawfully at the time of the incident)
• The property owner knew about or reasonably should have known about a dangerous condition on the property.
• You were injured and suffered damage due to the dangerous condition.
• You were not acting negligently, and the dangerous condition was not so open and obvious as easily avoidable.

Property owners often try to argue that a dangerous condition is apparent, so the visitor could easily recognize and avoid it. However, this is not always the case, nor is it always a solid defense. At Maloney Law Group, P.L.L.C., we work to prove that your injuries were not only caused by a property owner’s negligence but also that the property owner should be held accountable.

Why Choose Us for Premises Liability Cases

At Maloney Law Group, P.L.L.C., we provide exceptional legal support for our client's needs. Our boutique approach allows us to deliver highly personalized service, ensuring clients feel supported throughout the legal process. We take pride in our ability to fight tirelessly for justice and fair compensation, utilizing our comprehensive understanding of premises liability law.

Our long-standing reputation in the San Antonio community is a testament to our dedication and success in representing those affected by negligence. By leveraging our resources and in-depth legal knowledge, we prepare meticulously for every aspect of the legal journey, whether through negotiation or in the courtroom, offering clients confidence in our readiness and resolve.

Seeking Fair Compensation for Your Damages

Dangerous property conditions can lead to all types of accidents and injuries, from accidental drownings in unsafe swimming pools to broken bones and brain injuries caused by slips, trips, and falls. We understand how important it is that you are fairly compensated for your damages, so we fight tirelessly to maximize your recovery.

In addition to securing compensation for medical expenses, our legal support extends to assisting clients in addressing their injuries' ongoing emotional and psychological impacts. Understanding the full scope of damages ensures clients can pursue a comprehensive recovery, covering every aspect of the harm experienced.

At Maloney Law Group, P.L.L.C., we help our clients seek fair compensation for the following:

• All current and future medical care costs related to the accident
• Current and future lost income, wages, earnings, and other employment benefits
• Pain and suffering, including emotional distress, caused by the accident
• Lost or reduced earning capacity due to temporary or permanent disability

We fight for compensation for your economic and non-economic damages so that you can get back on your feet and begin the healing process. We know that the road to recovery can be long, but having the resources you need to move forward with your life can make all the difference.

Contact Our San Antonio Premises Liability Lawyers Today

Our premises liability attorneys in San Antonio work with each client personally, from initial filing to final settlement. We strive to ensure you understand the process and can make informed decisions about your case. Ultimately, this is your case and your injury. We are here to ensure that your rights are protected and that you are positioned for success.

Working closely with clients, we clarify complex legal proceedings, keeping you informed at every stage. From gathering crucial evidence and building a strong argument to representing you in negotiations or court hearings, we focus on all details to enhance your chance of securing fair compensation.

If you’ve been hurt on someone else’s property in Texas, don’t wait—contact our San Antonio premises liability attorneys now to begin your path to recovery and justice.

Frequently Asked Questions About Premises Liability in San Antonio

What Should I Do Immediately After an Injury on Someone Else's Property?

If you suffer an injury on someone else's property, taking specific steps to protect your rights is crucial. First, seek medical attention immediately, even if the injury seems minor. Prompt medical examination can help document your injuries and their direct link to the accident. Next, report the incident to the property owner or manager. If possible, take photos of the accident scene, capturing any hazardous conditions and your injuries, as this evidence can be vital for your claim. Gather contact information from witnesses present, as their testimony may support your claim. It's also wise to avoid signing statements or accepting settlements from insurance companies until you consult a premises liability attorney.

Consulting with an experienced premises liability lawyer as soon as possible can significantly affect the trajectory of your claim. They can provide valuable guidance on navigating legal proceedings and mitigating common pitfalls that might otherwise undermine your chances of obtaining fair compensation. Getting legal advice early ensures you are well-prepared to handle insurance company negotiations and potential court appearances.

How Does Comparative Negligence Affect My Premises Liability Claim?

In Texas, the principle of comparative negligence applies to premises liability cases. This means that if a plaintiff is found to be partially at fault for their injury, their compensation may be reduced by their percentage of fault. For example, if a jury finds you 20% responsible for the accident—perhaps for not heeding a warning sign—and awards you $100,000, your compensation would be reduced by 20%, resulting in $80,000.

Texas adheres to the modified comparative negligence model, which bars recovery if the plaintiff is found to be more than 50% at fault. Therefore, having proficient legal representation to argue effectively against inflated fault claims by the defense can make a substantial difference. At Maloney Law Group, P.L.L.C., we diligently work to maximize your potential recovery by thoroughly investigating the incident and presenting a compelling case that minimizes your liability.

What Types of Evidence Are Essential in a Premises Liability Claim?

Substantial evidence is fundamental in proving a premises liability claim. Essential types of evidence include photographs and videos of the accident scene, which can highlight hazardous conditions such as wet floors, uneven surfaces, or poorly lit areas. Medical records documenting your injuries and treatments are also crucial as they establish a direct link between the accident and your injuries.

Additional evidence can include incident reports filed with the property owner, witness statements, and expert testimony that may attest to the unsafe conditions. Keeping detailed records of any communication with property owners or insurance companies is also valuable. Our team at Maloney Law Group, P.L.L.C. assists in gathering and organizing all necessary documentation, ensuring it substantiates your claim effectively to support your pursuit of just compensation.

Is Premises Liability Different for Commercial vs. Residential Properties?

The principles governing premises liability have different implications for commercial versus residential properties. Commercial property owners generally owe a higher duty of care than residential property owners. For instance, businesses must regularly inspect and maintain their premises to ensure customer and visitor safety. They are expected to address potential hazards promptly or provide adequate warning signs.

Residential property owners, however, are primarily responsible for warning social guests about known dangers that might not be immediately obvious. The standard of care owed can also depend significantly on the visitor's status as an invitee, licensee, or trespasser, affecting the liability outcome. Recognizing these differences is crucial when pursuing a claim, as strategies may vary based on the property type involved. Our experienced team employs tailored approaches that account for these distinctions, effectively advancing your claim regardless of the setting.