Premises Liability Attorneys in San Antonio

Injured by an Unsafe Property Condition? Turn to Three Generations of Trial Attorneys

Premises liability refers to responsibility for a dangerous property condition that causes an injury. An injury on residential or commercial property can raise questions about who controlled the area, what condition caused the harm, whether the condition was dangerous, and whether the responsible party knew or should have known about it.

At Maloney Law Group, P.L.L.C., we represent people pursuing premises liability claims through settlement or trial. Our San Antonio premises liability attorneys evaluate the property condition, available evidence, and the parties who may be responsible.

Premises Liability Cases We Handle

Someone can be injured because a property was not kept reasonably safe, but an injury alone doesn’t establish liability. Our San Antonio premises liability attorneys examine the condition, the parties who controlled the property, and the evidence of notice, warning, or repair.

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, including wet-floor or construction warnings
• Improper or poorly maintained exit signage
• Falling merchandise in big-box and retail settings
• Negligent security, including broken door or window locks
• Faulty fire alarms or carbon monoxide detectors
• Animal attacks and dog bites

Understanding Texas Premises Liability Laws

In Texas, a premises liability claim can depend in part on the injured person’s status on the property: invitee, licensee, or trespasser. An invitee is generally someone on the property with the owner’s knowledge and for the mutual benefit of both parties, such as a customer in a store. A licensee is commonly a social guest, while a trespasser enters without permission. The duty owed can vary with that status, the property circumstances, and the facts surrounding the hazard.

These categories can significantly affect a claim because they help define the duty a property owner or controller owed. Our team evaluates whether a dangerous condition existed and whether the responsible party had actual or constructive knowledge of it. Constructive knowledge means knowledge based on what the party knew or reasonably should have discovered. We also assess whether a warning or repair was reasonable under the circumstances.

How to Hold Negligent Property Owners Accountable?

Texas premises liability claims require more than showing that an accident happened on someone else’s property. The facts may involve the visitor’s status, the dangerous condition, who controlled the area, notice or knowledge of the hazard, and whether the condition caused the injury.

A premises liability claim generally requires evidence of the following:

• A duty owed by the property owner or other party who controlled the property condition
• A dangerous condition on the property
• Actual or constructive knowledge of the dangerous condition
• A failure to take reasonable corrective action or provide an adequate warning
• Injuries and damages caused by the dangerous condition

Property owners and insurers may argue that they lacked knowledge of a hazard, didn’t control the area, or that the condition was open and obvious. They may also raise comparative responsibility, which assigns a percentage of responsibility to each party. At Maloney Law Group, P.L.L.C., we evaluate the evidence surrounding the condition, the notice provided, and the connection between the incident and your injuries.

Texas Deadlines & Public-Property Rules for Premises Liability Claims

Pursuing a premises liability claim in Texas means following the time limits set by state law. Under Texas Civil Practice and Remedies Code Section 16.003, a two-year limitations period generally applies to filing a personal injury lawsuit, but exceptions and accrual issues can change the analysis. Acting promptly can help preserve photographs, video, incident reports, medical records, and witness information before conditions change or memories fade.

Premises liability claims can involve different issues when a governmental unit owns or controls the property. Governmental-unit liability may involve separate premises-defect duty rules, notice requirements, and procedural considerations. Identifying the property owner or controller early is important when an injury occurs in a city-owned space, park, or other public location.

Texas Civil Practice and Remedies Code Section 33.001 bars recovery when a claimant is found more than 50 percent responsible for an injury. When a claimant is 50 percent or less responsible, any recovery may be reduced by that assigned percentage of responsibility.

Premises Liability Representation From a Boutique Trial Firm

At Maloney Law Group, P.L.L.C., we give each client personalized attention and build a strategy around the property condition, available evidence, responsible parties, and resulting injuries.

Our firm has served San Antonio for decades and is built on three generations of trial attorneys. Michael Maloney has more than 30 years of experience and is board-certified in personal injury law. We prepare premises liability cases for negotiation or litigation and bring persistent advocacy to complex personal injury claims.

What Damages Could Be Recovered in a Premises Liability Claim?

Dangerous property conditions can lead to serious injuries, from accidental drownings in unsafe swimming pools to broken bones and brain injuries caused by slips, trips, and falls. We assess the harm caused by the incident and pursue compensation supported by the evidence.

In addition to medical expenses, a claim may address the ongoing emotional and psychological effects of an injury. The damages available in a case can depend on the injury, treatment, work impact, causation evidence, and applicable Texas law.

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

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

How We Investigate & Build Premises Liability Claims

Premises liability claims can be complex, particularly when an insurance company disputes responsibility. Our attorneys handle the legal work in your case so you can focus on your recovery.

We can help by:

• Investigating the accident and preserving critical evidence, such as surveillance footage, photographs, incident reports, and maintenance records
• Identifying potentially responsible parties, including property owners, tenants, management companies, or contractors
• Reviewing evidence related to unsafe conditions and the extent of your injuries
• Handling communications with insurance companies during the claim investigation
• Evaluating damages, including medical expenses, lost income, pain and suffering, and future care needs
• Pursuing a settlement or taking the case to court when appropriate

Contact Our Premises Liability Lawyers in San Antonio Today

Our premises liability attorneys in San Antonio work with each client personally, from the initial evaluation through settlement negotiations or litigation. We provide free consultations and explain the legal process so you can make informed decisions about your case.

Frequently Asked Questions

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

Seek medical care, report the incident to the owner or manager, and take photographs of the condition if you can do so safely. Get witness contact information and keep copies of medical records and incident reports. Avoid signing statements or accepting a settlement before getting legal advice, especially if the full extent of your injury isn’t yet clear.

What Changes If the Injury Occurred on Government Property?

A claim involving property owned or controlled by a governmental unit may be subject to separate duty rules, notice requirements, and procedural deadlines. Identifying the government entity and preserving evidence early can be critical because these requirements may differ from those that apply to claims involving private property.