Property owners in Texas have a legal duty to keep their land, buildings, and walkways reasonably safe. When someone gets hurt because a dangerous condition wasn’t fixed, cleaned up, or marked with a warning sign, that person may have grounds for a premises liability claim. A San Antonio premises liability lawyer from Cowen | Rodriguez | Peacock can guide you through the legal process, hold the at-fault party accountable, and help you pursue the maximum compensation available for your injuries.
In San Antonio, many common accidents happen on someone else's property. People slip on wet grocery store floors, trip over broken pavement in shopping centers, or get hurt at apartment complexes where lighting is poor or handrails are missing. Incidents like these happen throughout the city, from the River Walk and Southtown to parking lots in Leon Valley and public buildings in Alamo Heights.
Hiring an attorney after a property-related injury can make a significant difference in how the case moves forward. The legal team at Cowen | Rodriguez | Peacock can evaluate your case for free. If someone’s carelessness led to your injury, we’re ready to step in, build your case, and push for a full financial recovery. Contact us now to get started.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
What Constitutes Premises Liability Under Texas Law
In Texas, premises liability involves harm caused by a dangerous condition on someone else's property. These cases require showing that the owner or occupier failed to repair or warn about the hazard and that this failure directly caused the injury. That might include anything from a loose step to a slick floor that wasn’t cleaned up in time.
Types of Property Where Premises Liability Applies
Premises liability doesn’t just apply to stores and restaurants. It applies to:
- Private homes
- Apartment buildings
- Parking lots
- Government buildings
- Public sidewalks
- Hotels
- Amusement parks
- Construction sites
Whether you were hurt at a laundromat in Westlawn or a medical office near Stone Oak, property owners have legal responsibilities.
Duty of Care Owed by Property Owners
Under Texas law, a property owner's responsibility depends on why the injured person was on the property:
- Invitees, like customers, are owed the highest duty. Owners must regularly inspect for dangers and fix or warn about them.
- Licensees, like social guests, must be warned of known dangers.
- Trespassers are generally not owed much care unless they're children. For kids, the law applies the “attractive nuisance” rule, like with unsecured swimming pools or abandoned structures.
Statute of Limitations for Premises Liability Claims in Texas
In Texas, the standard time limit to file a premises liability lawsuit is two years from the date of the injury. This deadline applies to most property-related injury claims, whether the injury happened at a private home, a retail store, or a commercial property.
Failing to file your lawsuit within this two-year period typically means losing your right to pursue damages in court. However, some exceptions can extend or shorten the time allowed, depending on the circumstances. These include:
- Minors and legally incapacitated individuals: If the injured person is under 18 at the time of the accident, the two-year clock generally doesn't start until their 18th birthday. The same pause applies for adults who are found legally incapacitated at the time of the injury.
- Discovery rule: If the injury wasn’t immediately apparent, the statute may begin when the injury is discovered or should have been discovered through reasonable effort. This rule comes up more often in medical malpractice but can apply in certain rare property injury cases involving toxic exposure or unsafe construction.
- Fraud or concealment: If the property owner actively hid the hazard or intentionally misled the injured person about the cause of their injury, the time limit might be extended. Proving this requires clear evidence of deceit.
Shorter Deadlines for Claims Against Government Entities
If your premises liability claim involves a government-owned property, like a city park, public school, or municipal building, the timeline works differently. These claims fall under the Texas Tort Claims Act, which requires injured parties to give notice of the claim within a limited time frame:
- Notice must typically be given within 6 months of the injury.
- Some cities and counties, including San Antonio, may impose even shorter notice periods. In some cases, the window is as short as 90 days.
- The notice must include the date, location, facts of the incident, and alleged damages.
Failing to provide a timely written notice often bars the claim completely, even if you file within the normal two-year statute.
What Are the Most Common Types of Premises Liability Accidents?
Many different types of unsafe conditions can lead to premises liability claims. These incidents often happen without warning, in places people visit every day.
Slip and Fall Accidents
Wet floors, freshly mopped surfaces without warning signs, or spills left unattended in grocery stores or restaurants can all lead to a slip and fall. These are some of the most common premises liability claims in Texas.
Trip and Fall Incidents
Uneven pavement, broken tiles, poor lighting, or loose wires can all cause someone to trip. These accidents often lead to broken bones, head injuries, or soft tissue damage.
Inadequate Security Cases
Property owners may be responsible if someone is attacked or assaulted because the area lacked proper lighting, working locks, or security patrols. These cases often occur in apartment complexes or parking garages in places like downtown San Antonio.
Swimming Pool Accidents
Unfenced pools, broken gates, or slippery decking can lead to injury or even drowning. Property owners must take reasonable steps to secure pools, especially in residential communities or apartment complexes in neighborhoods like Tobin Hill.
Elevator and Escalator Injuries
If an elevator suddenly drops or an escalator has broken parts, serious injuries can occur. Owners of commercial buildings are required to keep these machines regularly inspected and in safe working order.
Falling Objects and Structural Failures
Ceiling tiles, shelving units, or signage that fall can cause serious head injuries. Balconies or stairways that collapse due to poor maintenance may also give rise to a valid claim.
Proving Negligence in San Antonio Premises Liability Cases
To recover damages, the injured party must show that the property owner failed to take proper care of the premises. That takes more than just saying the property was unsafe.
Elements Required to Establish Liability
The following elements must usually be proven:
- A dangerous condition existed
- The property owner knew or should have known about it
- The owner didn’t take reasonable steps to fix or warn about it
- The condition caused the injury
Each part needs to be backed by evidence.
Evidence Collection and Preservation
Photos of the hazard, witness contact information, security footage, and incident reports can make or break a case. The sooner you gather this evidence, the better. Surveillance footage, for example, often gets deleted after a few days.
Role of Property Inspections and Maintenance Records
Maintenance logs can show whether the owner checked the property regularly. If a loose stair railing hadn’t been fixed for months, that record could show the owner didn’t do their job.
Witness Testimony and Expert Opinions
People who saw the incident or who know about the property conditions can give valuable statements. Building inspectors, engineers, or safety consultants may also offer opinions to support your claim.
Who Can Be Held Liable for Premises Liability Injuries?
Liability doesn’t always fall on just one person. Several parties may be legally responsible for your injuries, depending on who had control over the property.
Property Owners and Landlords
Landlords and homeowners can be liable if they allowed a dangerous condition to go unfixed. For example, a landlord who ignores repeated complaints about a broken stairwell may be responsible for injuries caused by a fall.
Property Management Companies
In many apartment buildings, the owner hires a management company. That company may be in charge of day-to-day maintenance. If they fail to fix broken lights or handrails, they could be held liable.
Business Owners and Retailers
Store owners must keep their aisles, entryways, and restrooms safe for customers. A spill in a South Park Mall store that isn't cleaned up could lead to a claim against the store’s owner.
Government Entities and Municipalities
Government buildings and public parks fall under the care of the city or county. If someone trips over a broken sidewalk in Brackenridge Park, the city could be responsible. These claims have special rules and shorter filing deadlines.
Contractors and Maintenance Companies
Sometimes, third-party contractors handle repair work or security. If their failure leads to injury, they may share legal responsibility with the owner or manager.
Types of Damages Available in Premises Liability Claims
Injuries from unsafe property conditions can create financial problems that last for months or longer. A successful claim can help ease that burden.
Medical Expenses and Rehabilitation Costs
These include hospital bills, surgeries, physical therapy, and any ongoing care you need due to the injury. That might include treatment for a head injury after slipping on water at a gas station near UTSA.
Lost Wages and Diminished Earning Capacity
If you couldn’t work after the injury or had to change jobs because of long-term effects, those lost earnings may be included in your claim.
Pain and Suffering Compensation
You can seek damages for the discomfort, stress, and life disruption caused by the injury. A permanent limp or daily pain could affect your daily routine and quality of life.
Property Damage Recovery
In some cases, personal items are damaged in the accident. A broken phone, eyeglasses, or other property can be included in the claim.
What Should I Do After a Premises Liability Accident?
The steps you take right after an accident can influence how your case unfolds. Acting quickly protects your rights and helps preserve your legal options.
Immediate Steps to Take at the Scene
Tell the property owner or manager what happened. Ask for a copy of any incident report. If possible, take photos of the hazard and your injuries before anything is cleaned up or repaired.
Importance of Medical Attention
Even if the injury seems minor, get checked out. A fall can lead to head trauma or internal injuries that take time to show symptoms. Medical records also serve as evidence.
Documenting the Accident and Injuries
Keep a record of everything. That includes your doctor visits, days missed from work, and how the injury affects your daily life. All of this can support your claim.
Avoiding Common Mistakes That Harm Your Case
Don’t post about the accident on social media. Avoid giving recorded statements to insurance adjusters without legal advice. And never sign anything from the insurance company without understanding the consequences.
When to Contact a Premises Liability Attorney
Call a lawyer as soon as you’re able. A personal injury lawyer can begin gathering evidence, speak with witnesses, and protect you from tactics that reduce your payout.
How Our San Antonio Premises Liability Attorneys Can Help
Cowen | Rodriguez | Peacock takes on the legal heavy lifting so you can focus on healing. Here’s what we do:
- Investigate your accident thoroughly
- Collect photos, video, records, and witness statements
- Build a strong case that supports your claim
- Handle all insurance communications and negotiate firmly
- Take your case to trial if the insurance company refuses to settle fairly
- Push for the maximum compensation available
- Take care of deadlines, filings, and legal paperwork
Why Choose Our Firm for Your Premises Liability Case
Not all law firms handle premises liability cases with the attention they deserve. Here’s why Cowen | Rodriguez | Peacock stands out:
- Years of experience handling Texas premises liability law
- Strong history of results in settlements and verdicts
- Each case gets personal attention and detailed strategy
- You won’t pay any legal fees unless we recover money for you
- Familiarity with Bexar County courts and procedures
- Resources to take on property owners of any size, including major corporations
Frequently Asked Questions About Premises Liability Claims in San Antonio
Can I still recover compensation if I was partially at fault?
Yes. Texas uses a system called proportionate responsibility. As long as you were not more than 50 percent at fault, you can still recover compensation. However, your recovery is reduced by your share of responsibility.
What if the property owner claims they didn’t know about the hazard?
You can still prove liability if they should have known about it. If the hazard existed long enough, or if regular inspections were skipped, liability may still apply.
Do I need to prove the property owner was negligent?
Yes. You must show that they didn’t act reasonably to keep the property safe. This could include not cleaning up a spill, not replacing a broken handrail, or not warning guests about the hazard.
What is the average settlement for premises liability cases?
The value depends on the severity of the injuries, medical costs, time missed from work, and more. Every case is different. A lawyer can review your case and provide a clearer estimate based on similar claims.
Contact Our Skilled Premises Liability Attorneys in San Antonio Now
If you were hurt because someone didn’t keep their property safe, Cowen | Rodriguez | Peacock is ready to help. Timing matters. Property owners and insurance companies act fast to protect themselves. Don’t wait to get legal advice.
Call (210) 941-1301 today to set up a free, private consultation. You’ll meet with someone who listens, explains your options, and helps you take the next step toward the compensation you’re owed.