Premise Liability

Premises Liability Cases

Unfortunately, the negligence of property owners and managers all too often result in a wide variety of accidents and injuries including:

Slip and Fall

Slip and fall accidents are very common in premises liability cases in San Antonio. Premises liability refers to a property owner’s responsibility to keep his or her property safe. When a person slips and falls on the property, it may be found that the owner failed to properly maintain his or her property, making the accident more likely. Serious injury can occur in a San Antonio slip and fall accident, resulting in expensive medical bills and extensive recovery time.

The slip and fall attorneys of the Chris Mayo Law Firm in San Antonio know that many people are injured on unsafe properties. In the face of physical incapacitation and costly expenses, your future may seem daunting. Fortunately, however, an experienced premises liability attorney can help you hold the negligent property owner financially accountable for your accident.

Elevator / Escalator Injuries

Elevators and escalators provide useful transportation between floors in multilevel buildings; however, some of them are not adequately maintained. Elevator / escalator injuries are the often the result of poor maintenance, outdated equipment, or mismanagement, and they can leave San Antonio victims with serious physical injuries and financial burdens. If your incident occurred as a result of negligence on behalf of a property manager or owner, the attorneys of Chris Mayo Law Firm may be able to help you fight for your much needed financial compensation.

Porch Collapse

Visitors to someone else’s residential or commercial property in San Antonio expect that they will remain safe while on the premises. It is possible, however, that a property owner has failed to adequately maintain the safety of a premise, by lack of maintenance or negligent construction. When porch collapse happens as a result, innocent San Antonio residents may incur serious injuries. As this is an entirely preventable accident, our San Antonio porch collapse attorneys understand how frustrated you may feel, especially considering the financial burden that can result from medical treatment and other associated costs.

Fortunately, the San Antonio attorneys at the Chris Mayo Law Firm are experienced in premises liability law and may be able to work on your behalf for financial compensation from those responsible. You should not be held responsible for costs associated with an accident caused through no fault of your own.

Stair Collapse

Stair collapse incidents can be extremely dangerous, leading to the serious injury of one or more people. These unexpected accidents might happen for a number of reasons, but many of them involve a property owner’s negligence. As such, stair collapse is covered in premises liability law, and a negligent property owner may have to pay injured persons compensation if they suffer damages.

The San Antonio stair collapse attorneys at the Chris Mayo Law Firm provide aggressive representation for those injured on other people’s properties. Although recovering from injuries and the emotional effects of an accident can take a while, stair collapse victims should not have to also worry about a financial burden. Fortunately, our legal team may be able to pursue the funds you need to cover your losses through a premises liability suit.

Fires

When you are on someone else’s property, whether private or public, it’s critical that the property is safe and does not threaten your well-being. Unfortunately, many San Antonio residents are hurt on unsafe properties every year. Many of these injuries result from fires that are either caused through hazardous circumstances, or are not sufficiently protected against through the use of sprinklers and alarm systems.

The San Antonio fires attorneys at the Chris Mayo Law Firm believe that you should not be held financially responsible for injuries that occurred as the result of someone else’s negligence. Our San Antonio legal team may help you pursue compensation for expenses related to medical treatment, lost wages, and any other damages.

Lead Paint Poisoning

Lead is no longer used to paint toys or homes in the U.S., but lead paint poisoning still poses a threat to some San Antonio residents. Lead paint can still be found in older homes, as well as in toys from other countries. In fact, children are sometimes the victims of lead paint poisoning because they ingest lead from toys or even lead dust from homes.

But as our legal team at Chris Mayo Law Firm knows, although any individual affected by lead paint poisoning in San Antonio may be facing a multitude of health problems, he or she might also be due financial compensation. Some property owners, manufacturers, or other parties can be held accountable for lead paint poisoning if it winds up adversely affecting you or someone you love.

Mercury Poisoning

Mercury poisoning, though more rare than it once was, is still a threat in the San Antonio area. Perhaps because mercury risks are less common now, many people are unaware of the hazard this element poses. In fact, some San Antonio property owners may fail to properly dispose of waste that contains mercury, thereby endangering innocent people.

The San Antonio mercury poisoning attorneys of the Chris Mayo Law Firm know that the consequences of mercury poisoning can be severe and long lasting. If you have suffered after being exposed to mercury due to the negligence of someone else, you may pursue full financial compensation for any damages, including medical expenses, lost wages, and the cost of continued treatment.

Swimming Pool Injuries

Pool owners are obligated to keep their pool safe from young children who do not understand the potential dangers of drowning. Unfortunately, a day at the pool can sometimes leave children and even adults with injuries. Although many swimming pool injuries are caused by accidents, some of them result from the negligence of property owners. The attorneys of the Chris Mayo Law Firm can help San Antonio swimming pool injury victims in premises liability cases and help them better understand their potential legal options.

Property owners are responsible for maintaining their premises in such a way that potential guests and visitors are not unnecessarily exposed to health and safety threats.

Premises liability laws ensure that property owners who expose others to injury risks can be held accountable for the impact that their negligence may have on the lives of others.

Premises liability claims can arise from a wide range of issues, from minor sprains to head and brain injuries or even wrongful death, but in circumstances in which a property owner was at fault, victims may be able to take legal action against the property owner in question.

Frequently Asked Questions About Premises Liability

It’s important to be fully aware of all of your legal options. Review the answers to some basic premises liability questions below or contact us about any specific questions about your case to get the help you need.

What is a premises liability claim?

Premises liability is a situation in which the person or entity in possession of land, a home or a building is responsible for any injuries or death suffered by individuals present on those premises. In Texas, owners are required to exercise reasonable care and maintain their property to prevent harm to visitors, guests, or customers. An owner or manager should regularly inspect their home, business, or land for potential hazards and should either address and repair the problems, or post warnings of the dangers to others.

A premises liability claim involves an injury on someone’s property. You may have heard of some of these claims referred to as “slip and fall” cases. However, the negligence of property possessors can result in a wide range of injuries. These situations can include persons injured inside department stores, restaurants, grocery stores, banks, hospitals, and other buildings open to the public. These claims can also include injuries that happen outside a building such as a sidewalk, parking lot, common area, stairs, elevator, or on the grounds of the building or property.

Does a property owner have a responsibility to me as a visitor?

In Texas, to accurately assess a premises liability claim, you need to first understand how the injured person came to be injured on the property and what their legal status was at the time of the injury. The law in Texas recognizes three different legal statuses for people who are on someone else’s property, and they go a long way in determining what the owner should have done to protect them from harm. The statuses according to Texas law include:

  • Invitee – This is the most common status for plaintiffs in a premises liability case. Someone who is an invitee is on the owner’s property with consent and at the invitation of the owner. It is important to note that the person must be on the property and using it for its intended purpose or for reasons that are authorized by the owner. The owner has a responsibility to keep the premises safe for any and all invitees. If someone is hurt, the owner must prove that they took reasonable action to keep the premises safe.
  • Licensee – This is a person who has either expressed or implied permission from the owner to enter a property, but is not invited. The owner needs to make sure that licensees are not harmed by willful or negligent actions while using the property. They should make sure that licensees are notified of any potential dangers on the property.
  • Trespasser – If someone is on an owner’s property without invitation, permission, or authority, they are considered to be a trespasser. Texas law states that the owner only has to prevent intentional injury, and is not responsible for damages caused by hazards on the property. The owner cannot intentionally create dangers or “traps” to catch a trespasser.

Each legal status is different and plays a large part in determining the property owner’s duty of care if there is a premises liability claim. It is essential to have an experienced premises liability lawyer examine the facts of your case to determine your status as the injured party.

How do I prove my liability claim?

While it is critical to decide what the visitor’s legal status was before moving forward with any premises liability claim, it is also essential to prove the following four elements to secure compensation:

  • The owner of the property was aware of hazards or dangerous conditions on their property.
  • The hazards created or posed an unreasonable level of risk to persons visiting the property.
  • The owner did not address or attempt to fix the dangerous conditions on the property, or they failed to warn visitors of the hazards.
  • Persons injured on the property were directly harmed by the negligent or recklessness of the property owner.

If a person is injured due to the negligence of a property owner or property manager, they may be eligible to take legal action to secure compensation for their pain, suffering, lost wages, medical expenses and other damages.

Talk with a Premises Liability Lawyer

If you have been injured as a result of dangerous property conditions, you don’t have to deal with the situation on your own. With the help of a compassionate and experienced attorney from the Chris Mayo Law Firm you might be able to take legal action against the property owner responsible for your suffering.

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