In some cases, it may be possible to file a lawsuit against a business that operates a property that another party owns. Patrick Toscano, our San Antonio premises liability lawyer may be able to tell you during a free consultation what type of compensation that you may be entitled to.
Why Should I Talk With a San Antonio Attorney about Premises Liability?
Patrick Toscano, our San Antonio premises liability lawyer, is able to explain the legal ramifications of your injuries. For instance, our legal counsel may be able to tell you who is liable for your injuries and what type of compensation that you are entitled to. It may also be possible to learn more about statutes of limitations and how they may impact your ability to pursue a case. In Texas, you generally have two years to take legal action after you have been hurt.
How Do I Win My Premises Liability Case?
Winning a premises liability lawsuit relies on proving a number of different things. First, you have to show that there was a dangerous condition on the premises that led to an injury. Next, you have to show that the owner of the property either knew about the dangerous condition or should have known about the condition. Finally, it will be necessary to show that a property owner acted in a negligent manner.
What Is Negligence?
In some cases, a person can be negligent just by failing to take action. For instance, if a property owner saw that a floor was wet, he or she may be negligent by not getting rid of the source of the moisture. A property owner could also be negligent if he or she knew about the source of the slippery conditions and did nothing to remedy them.
It is important to note that the mere presence of a dangerous condition does not make the owner of a premises negligent in causing your injuries. For instance, if a storm came through unexpectedly, it may not be possible to fix a burst pipe right away or clear debris from a parking lot immediately. Patrick Toscano, our San Antonio premises liability lawyer, will look at the facts of your case before determining if negligence occurred.
What Type of Visitor Was I?
Under Texas law, there are three types of visitors present on a property. The first two types are invitees and licensees, and they either enter the property with the owner’s knowledge and for the mutual benefit of both or with the owner’s consent. The third type of visitor is a trespasser who enters another’s property without any lawful authority, permission or invitation to do so. An owner’s duty to you depends on what type of visitor you were at the time of injury. Our San Antonio lawyer can explain the legal ramifications of your visitor status during your free consultation.
If you have been hurt while on someone else’s property, you may have a claim for compensation. It may be possible to obtain a financial award to pay for medical bills, lost wages and other costs incurred because of your injuries. Cases may either be settled outside of court or resolved at the end of a formal jury trial, and our San Antonio lawyer, Patrick Toscano, may be helpful in either scenario.