San Antonio Premises Liability Lawyer Holding Property Owners Accountable

Fighting for Victims of Dangerous Property Conditions

When you visit a store, restaurant, apartment complex, or other property, you have every right to expect reasonably safe conditions. Property owners and managers have a legal duty to maintain their premises, address known hazards, and warn visitors of dangers they may not anticipate. When they fail these duties and someone gets hurt, premises liability law holds them accountable.

San Antonio’s bustling economy means millions of visitors flow through commercial properties, shopping centers, hotels, entertainment venues, and tourist attractions every year. Unfortunately, negligent property owners who cut corners on maintenance, ignore known hazards, or fail to provide adequate security cause countless injuries.

Harper Law Firm represents San Antonio residents injured due to dangerous property conditions. We investigate the circumstances of your injury, establish the property owner’s knowledge of hazardous conditions, and fight for maximum compensation against property owners, management companies, and their insurers.

Understanding Texas Premises Liability Law

Texas premises liability law is based on the legal status of the person who was injured. Your rights depend on whether you were an invitee, licensee, or trespasser at the time of your injury:

Invitees receive the highest level of protection. You’re an invitee when you enter property that’s open to the public or when you’re on property for business purposes that benefit the owner. Examples include customers at stores, diners at restaurants, hotel guests, and patients at medical facilities. Property owners owe invitees a duty to:

• Inspect the premises to discover dangerous conditions
• Make the premises reasonably safe
• Warn of any dangerous conditions the owner knows about or should know about

Licensees are social guests or others who have permission to be on the property but whose presence doesn’t benefit the owner. Property owners must warn licensees of dangerous conditions they actually know about, but don’t have the same duty to inspect that they owe to invitees.

Trespassers are owed the least duty—property owners generally only must refrain from willfully or wantonly injuring them. However, special rules protect child trespassers from “attractive nuisances” like swimming pools.

True Litigation Firm, Not a Settlement Mill

Premises liability cases often face aggressive defense from property owners and their insurance companies. They’ll argue they didn’t know about hazards, that you caused your own injury, or that the danger was “open and obvious.” Many law firms settle these cases cheaply rather than fight.

Harper Law Firm prepares every premises liability case for trial. Our approach includes:

• Immediate investigation to document hazardous conditions before they’re repaired
• Review of maintenance records, inspection logs, and prior incident reports
• Analysis of surveillance footage (often destroyed within days)
• Expert witness consultation on industry safety standards
• Thorough medical documentation of all injuries
• Aggressive negotiation backed by genuine trial preparation

When property owners and their insurers refuse fair settlements, we’re prepared to fight in the courtroom.

Types of Premises Liability Cases We Handle

Slip, Trip, and Fall Accidents

Slip and fall injuries are among the most common premises liability claims. They occur when property owners fail to address:

Wet floors from spills, leaks, mopping, or weather tracked inside. Property owners must either clean up hazards promptly or warn visitors with signs and barriers.

Uneven surfaces including cracked sidewalks, broken tiles, loose carpeting, and potholes in parking lots. Regular inspection and maintenance can prevent these hazards.

Poor lighting that obscures stairs, curbs, steps, and other changes in elevation. Adequate lighting is essential for visitor safety.

Cluttered walkways including merchandise, boxes, cords, and debris that create tripping hazards. Stores and warehouses must keep pathways clear.

Defective stairs and handrails including broken steps, loose handrails, and code violations. Building codes exist to protect visitors from foreseeable dangers.

Weather-related hazards including ice, snow, and water accumulation. Property owners in San Antonio may be less prepared for rare winter weather events, making them more dangerous when they occur.

Negligent Security

Property owners have a duty to provide reasonable security measures when criminal activity is foreseeable. When inadequate security leads to assaults, robberies, or other violent crimes, victims may have premises liability claims.

Negligent security cases often involve:

• Apartment complexes with inadequate lighting, broken gates, or lack of security personnel in high-crime areas
• Hotels and motels that fail to secure entrances, parking areas, or guest room locks
• Parking garages and lots without proper lighting, cameras, or security patrols
• Nightclubs and bars that fail to control known violent patrons or provide adequate staff
• Retail stores without security measures appropriate to the location’s crime history
• Office buildings with inadequate access control

To establish negligent security, we must prove the property owner knew or should have known about the crime risk and failed to implement reasonable security measures.

Swimming Pool Accidents

With San Antonio’s warm climate, swimming pools are common at apartment complexes, hotels, neighborhoods, and private homes. Pool accidents can cause drowning deaths, near-drowning brain injuries, diving injuries, and slip-and-fall injuries around pool areas.

Property owners must:

• Comply with fencing and barrier requirements
• Provide adequate supervision or warnings
• Maintain proper chemical levels
• Ensure functioning drains (defective drains have caused drowning deaths)
• Address slippery surfaces around pools

Texas law provides special protections for child trespassers under the “attractive nuisance” doctrine. Pool owners may be liable even for trespassing children if they fail to adequately secure their pools.

Elevator and Escalator Accidents

Mechanical failures, poor maintenance, and sudden stops in elevators and escalators cause serious injuries. Property owners must maintain this equipment according to manufacturer specifications and applicable codes.

Falling Objects

Improperly stacked merchandise, ceiling tiles, fixtures, and other objects can fall and cause serious head injuries. Retail stores, warehouses, and construction sites see frequent falling object injuries.

Dog Bites on Property

When someone is bitten by a dog on another person’s property, the case may involve both premises liability and direct liability against the dog’s owner. Landlords may be liable if they knew a tenant’s dog was dangerous and failed to act.

Toxic Exposure

Exposure to mold, asbestos, lead paint, carbon monoxide, and other hazardous substances on poorly maintained properties can cause serious illness. Landlords and property managers have duties to address known contamination.

Amusement Park and Entertainment Venue Injuries

San Antonio’s tourism industry includes major attractions like Six Flags Fiesta Texas, SeaWorld San Antonio, and numerous entertainment venues. These facilities have heightened duties to maintain rides, attractions, and premises safely.

Retail Store Injuries

San Antonio’s shopping centers, grocery stores, and retail establishments see constant foot traffic. Common retail premises liability claims involve:

• Spills and wet floors
• Falling merchandise
• Shopping cart injuries
• Parking lot accidents
• Automatic door malfunctions

Restaurant and Bar Injuries

San Antonio’s vibrant food and entertainment scene creates premises liability risks including:

• Kitchen grease on floors
• Broken chairs and furniture
• Food poisoning from improper food handling
• Burns from hot surfaces or spilled food
• Assaults in bars and nightclubs

Proving Premises Liability in San Antonio

Elements of a Premises Liability Claim

To succeed in a Texas premises liability case, you must prove:

• The defendant owned, occupied, or controlled the property where your injury occurred
• A dangerous condition existed on the property
• The defendant knew or should have known about the dangerous condition
• The defendant failed to exercise reasonable care to eliminate the hazard or warn visitors
• The dangerous condition caused your injury
• You suffered actual damages as a result

The “Open and Obvious” Defense

Property owners frequently argue that hazardous conditions were “open and obvious”—meaning you should have seen and avoided them. This defense has limits:

• The hazard must truly be obvious to an ordinary person exercising reasonable attention
• The defense may not apply if the visitor was distracted by displays, merchandise, or activities the property owner created
• Property owners cannot create hazards and then escape liability by claiming they were obvious

Comparative Negligence

Texas follows modified comparative negligence. If you were partially responsible for your injury—for example, by not watching where you were walking or ignoring warning signs—your recovery is reduced by your percentage of fault. You cannot recover if you were more than 50% responsible.

Notice Requirements

To prove liability, you typically must show the property owner had “notice” of the dangerous condition:

Actual notice means the owner knew about the specific hazard. Evidence might include prior complaints, incident reports, or employee awareness.

Constructive notice means the hazard existed long enough that the owner should have discovered it through reasonable inspection. A spill that sat on the floor for hours creates constructive notice; one that happened moments before you slipped may not.

Damages in Premises Liability Cases

Economic Damages

• Emergency room and hospital bills
• Surgical costs
• Ongoing medical treatment
• Physical therapy and rehabilitation
• Prescription medications
• Lost wages during recovery
• Reduced earning capacity
• Home modifications for disabilities
• Household help during recovery

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Loss of consortium (for spouses)

Wrongful Death Damages

When premises liability injuries cause death, surviving family members may pursue wrongful death claims for their losses.

What to Do After a Property Injury

At the Scene

Report the incident to property management, store employees, or security
Request a written incident report and get a copy if possible
Document the hazard with photographs or video before it’s cleaned up or repaired
Photograph your injuries and any damaged clothing or personal items
Get witness information from anyone who saw the incident or the hazardous condition
Note conditions including lighting, weather, and presence (or absence) of warning signs
Preserve your shoes if they’re relevant to a slip-and-fall claim

After Leaving the Scene

Seek medical attention promptly, even if injuries seem minor
Follow all medical recommendations and attend follow-up appointments
Keep detailed records of all medical treatment and expenses
Document lost work and income
Contact Harper Law Firm before giving statements to property owners or insurers

Evidence Preservation

Critical evidence in premises liability cases can disappear quickly:

• Surveillance footage is often overwritten within days or weeks
• Hazardous conditions are repaired or cleaned immediately after incidents
• Incident reports may be altered or “lost”
• Witnesses become harder to locate over time

Contacting an attorney promptly allows us to send preservation letters demanding that evidence be retained.

Frequently Asked Questions

How long do I have to file a premises liability lawsuit in Texas?

Texas has a two-year statute of limitations for premises liability claims. This deadline runs from the date of your injury. However, evidence preservation requires acting much sooner.

What if I was partially at fault for my injury?

Texas allows recovery even if you share some fault, as long as you weren’t more than 50% responsible. Your compensation is reduced by your fault percentage.

Can I sue if I was injured at a government-owned property?

Claims against government entities have special rules, including shorter notice requirements and caps on damages. If you were injured at a city, county, or state property, contact an attorney immediately.

What if the property owner claims they didn’t know about the hazard?

Property owners have a duty to inspect their premises to discover hazards. Even without actual knowledge, they may be liable if they should have discovered the condition through reasonable inspection.

Will my claim be against the property owner or their insurance company?

Your legal claim is against the property owner, but commercial property insurance typically covers premises liability claims. Settlement negotiations usually involve the insurance company.

Common Locations for Premises Liability Injuries

Harper Law Firm handles premises liability cases at all types of San Antonio properties:

• Grocery stores and supermarkets
• Shopping malls and retail centers
• Restaurants, bars, and nightclubs
• Hotels and motels
• Apartment complexes
• Office buildings
• Hospitals and medical facilities
• Parking lots and garages
• Schools and universities
• Government buildings
• Parks and recreational facilities
• Entertainment venues and amusement parks
• Churches and religious facilities
• Sports stadiums and arenas

Contact San Antonio Premises Liability Lawyers Today

If you’ve been injured on someone else’s property in San Antonio due to dangerous conditions, you need experienced attorneys who understand Texas premises liability law and will fight for maximum compensation.

Harper Law Firm offers free, no-obligation consultations where we’ll:

• Review the circumstances of your injury
• Explain your legal rights under Texas law
• Discuss the property owner’s potential liability
• Outline the evidence needed to prove your case
• Provide honest assessment of your claim

Property owners have a duty to keep their premises safe. When they fail that duty and you get hurt, they should be held accountable. Contact Harper Law Firm today—your San Antonio premises liability lawyers are ready to fight for you.