San Antonio Premises Liability Lawyers — Board-Certified Trial Attorneys
Suffering a serious injury on someone else’s property is overwhelming. Medical bills pile up, you may be unable to work, and the property owner’s insurance company is already working to minimize what they owe you. At The Law Offices of Tyler & Peery, our San Antonio premises liability lawyers are here to level the playing field.
Our firm has more than 130 years of combined experience in personal injury litigation, and four of our six attorneys are board-certified in personal injury trial law by the Texas Board of Legal Specialization — a distinction that requires passing rigorous additional testing and demonstrating the ability to handle complex personal injury and wrongful death cases. We have recovered numerous settlements and verdicts of $1 million or more for seriously injured clients, and we are nationally recognized, regularly receiving referrals from individuals and attorneys across the United States.
If you were injured on someone else’s property in San Antonio or anywhere in Bexar County, we want to hear from you. There is no cost to speak with us. Call 210-340-0900 for a free, confidential consultation.
What Is Premises Liability Under Texas Law?
Premises liability is the area of Texas law that holds property owners and occupants legally responsible when their negligence causes injuries to people on their property. Unlike a general negligence claim, a premises liability case requires proving that a specific dangerous condition existed on the property — and that the owner knew about it (or reasonably should have) and failed to act.
Texas law recognizes different levels of duty depending on why you were on the property:
- Invitees (customers, clients, guests invited for business purposes) are owed the highest duty of care — the owner must inspect for hazards, repair them, and warn of known dangers
- Licensees (social guests) are owed a duty to warn of known dangerous conditions that the guest is unlikely to discover on their own
- Trespassers are generally owed the lowest duty, though important exceptions exist (see FAQ below)
Understanding which category applies to your situation is one of the first things our attorneys assess — because it directly shapes the legal strategy for your case.
What a Property Owner’s Negligence Actually Looks Like
Property owners are not automatically liable every time someone is hurt on their property. To succeed in a premises liability claim in San Antonio, you must establish four key elements:
- A dangerous condition existed on the property
- The property owner knew or should have known about the condition (actual or constructive notice)
- The owner failed to take reasonable steps to fix the hazard or warn visitors
- That failure directly caused your injuries and damages
The most contested element in most cases is notice — what the owner knew and when. Our attorneys know how to establish notice through:
- Maintenance and inspection logs (or the absence of them)
- Prior incident reports and complaint records
- Employee testimony about recurring hazards
- Surveillance footage showing how long a hazard existed before the injury
- Vendor and contractor records showing deferred repairs
- Prior crime reports (in negligent security cases)
This is where experience matters. Insurance companies routinely argue “we didn’t know about the hazard.” We know how to prove otherwise.
How We Investigate Your Case in the First 72 Hours
Time is critical in premises liability cases. Evidence disappears fast — surveillance footage is typically overwritten within 30 to 72 hours, hazards get repaired, and witnesses become harder to locate. When you contact our firm, here is what we do immediately:
- Send evidence preservation letters to the property owner and their insurer demanding that all video, maintenance records, and incident reports be preserved
- Request and review incident reports filed at the time of the injury
- Identify and contact witnesses before memories fade
- Conduct or arrange a site inspection to document conditions
- Obtain prior complaint and crime records for the property
- Begin building a timeline of what the owner knew and when
This early, aggressive investigation is often what separates a strong premises liability case from one that stalls. Do not wait to call us.
What Insurance Companies Argue — and How We Counter It
Property owners’ insurance companies have experienced adjusters and defense attorneys working immediately after an incident. Their goal is to pay as little as possible. Here are the most common arguments they make — and how we respond:
“The hazard was open and obvious.”
Texas law does not automatically bar recovery just because a hazard was visible. If the danger was unreasonably dangerous or the owner created conditions that distracted visitors, liability can still exist.
“We had no notice of the hazard.”
We investigate maintenance schedules, inspection logs, prior complaints, and employee knowledge to establish that the owner knew or should have known — often well before your injury.
“You were partially at fault.”
Texas follows a modified comparative fault rule: you can still recover damages as long as you are 50% or less at fault. Your award is reduced by your percentage of fault, but you are not barred from recovery. We work to minimize any fault attributed to you.
“Your injuries aren’t that serious.”
We work with medical experts to fully document the extent of your injuries, including future care needs, lost earning capacity, and the full impact on your quality of life.
“There’s no proof the condition caused your injury.”
We build a clear evidentiary chain — from the hazard to the mechanism of injury to your documented medical treatment — that makes causation difficult to dispute.
Types of Premises Liability Cases We Handle in San Antonio
Our San Antonio premises liability attorneys represent clients injured in a wide range of dangerous property conditions throughout Bexar County and surrounding areas. Click any practice area below to learn more:
- Slip-and-Fall Accidents — Wet floors, uneven surfaces, poor lighting, and other fall hazards in stores, restaurants, and public spaces
- Negligent Security — Assaults, robberies, and other crimes enabled by inadequate lighting, broken locks, or absent security
- Apartment Building Injuries — Neglected common areas, broken gates, faulty locks, and unsafe conditions in residential complexes
- Dog Bites — Animal attacks on public and private property, including cases involving broken fences or negligent owners
- Hotel Injuries — Slippery floors, inadequate security, and unsafe conditions at San Antonio hotels and resorts
- Supermarket and Grocery Store Accidents — Spills, fallen merchandise, and hazardous conditions in retail food environments
- Restaurant Injuries — Hot food spills, slippery floors, and unsafe walkways in San Antonio dining establishments
- Elevator and Escalator Accidents — Mechanical failures and maintenance deficiencies in commercial and residential buildings
- Broken Stairs and Handrail Injuries — Defective stairways, missing handrails, and unsafe steps in apartments, offices, and public buildings
- Broken Sidewalk Accidents — Cracked, uneven, or poorly maintained sidewalks and walkways
- Amusement Park Injuries — Ride accidents, unsafe queue areas, and dangerous conditions at venues like Six Flags Fiesta Texas
- Playground and Public Park Injuries — Defective equipment, unsafe surfaces, and hazardous conditions in San Antonio parks
- Daycare Facility Injuries — Unsafe conditions, inadequate supervision, and hazardous environments at childcare facilities
- Texas School Accidents and College Campus Injuries — Dangerous conditions on school grounds, in dormitories, parking garages, and campus facilities
- Sports Venue and Sporting Event Injuries — Falls, falling objects, and unsafe conditions at San Antonio stadiums and arenas
- Concert and Music Festival Injuries — Crowd crush, barrier failures, and unsafe conditions at San Antonio venues and events
- San Antonio Convention Accident Injuries — Trip hazards, falling objects, and unsafe conditions at convention centers and trade shows
- Texas Bar and Nightclub Injuries — Overcrowding, inadequate security, and dangerous conditions at San Antonio bars and nightclubs
- Food Poisoning — Illness caused by contaminated food at San Antonio restaurants, catered events, and food service establishments
- Injuries Caused by Falling Objects — Merchandise, signage, construction materials, and other objects that fall due to negligent storage or maintenance
Common Locations Where Premises Liability Accidents Happen in San Antonio
Dangerous property conditions can exist anywhere people gather. In San Antonio and Bexar County, our attorneys regularly handle cases involving injuries at:
- Hotels and resorts — particularly along the River Walk, where high foot traffic, wet tile, and inadequate lighting create recurring hazards
- Apartment complexes throughout the city, where broken entry gates, poor lighting in parking areas, and neglected stairwells put residents at risk
- Retail centers and shopping destinations — including high-traffic malls where escalator malfunctions and poorly maintained walkways cause falls
- Restaurants and bars in the Pearl District, downtown, and throughout San Antonio, where spills, crowded walkways, and inadequate lighting contribute to injuries
- Office buildings and commercial properties downtown, where elevator malfunctions and unmarked construction zones create hazards
- Amusement parks and entertainment venues, where high visitor volume and deferred maintenance can lead to serious injuries
- San Antonio schools, universities, and daycare facilities, where children and young adults are entitled to safe environments
- Sports facilities, concert venues, and convention centers, where crowd management and structural safety are critical obligations
What these locations share is a legal duty to maintain safe conditions for visitors. When they fail that duty and someone is seriously hurt, our firm holds them accountable.
What to Do After a Premises Liability Accident in San Antonio
The steps you take immediately after being injured on someone else’s property can significantly affect the strength of your claim:
- Seek medical attention immediately — even if injuries seem minor. Some serious injuries (concussions, internal injuries, soft tissue damage) are not immediately apparent. A medical record also establishes the connection between the incident and your injuries.
- Report the incident to the property owner or manager and request a copy of the incident report. Do not provide a detailed recorded statement.
- Document the scene — photograph the hazard, the surrounding area, lighting conditions, any warning signs (or their absence), and your injuries before anything is cleaned up or repaired.
- Get witness information — names and phone numbers of anyone who saw what happened or was aware of the hazard.
- Preserve your clothing and footwear — do not wash them. They can be important physical evidence.
- Keep all records — medical bills, treatment notes, prescription receipts, and a personal journal documenting your pain, limitations, and recovery.
- Contact a San Antonio premises liability attorney before speaking with any insurance representative. Insurance adjusters work for the property owner — not for you.
Compensation You May Be Entitled to Recover
If you were seriously injured due to a property owner’s negligence in San Antonio, you may be entitled to recover both economic and noneconomic damages, including:
Economic damages (financial losses):
- Medical expenses — past and future
- Lost income and employment benefits — past and future
- Loss of earning capacity
- Cost of future medical care and rehabilitation
- Home and vehicle modifications required by your injury
Noneconomic damages (personal losses):
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of household services
- Loss of consortium (impact on your relationship with a spouse)
In cases involving extreme or willful negligence, Texas law also allows for punitive damages — designed not to compensate you, but to punish the responsible party and deter similar conduct.
Our attorneys work with medical experts, economists, and life care planners to ensure that every category of your damages is fully documented and pursued.
Frequently Asked Questions About Premises Liability in San Antonio
How long do I have to file a premises liability claim in Texas?
In most cases, two years from the date of the accident. However, important exceptions apply:
- If the injured person is a minor, the statute of limitations may not begin until their 18th birthday
- If the injury was not immediately discovered, the clock may start when you knew or reasonably should have known about it
- If the injured person dies, the statute typically begins on the date of death
- If your claim is against a government entity, the deadline can be as short as 45 to 90 days — making it critical to contact an attorney immediately
What if I was partially at fault for my accident?
You can still recover damages under Texas law as long as you are 50% or less at fault. Your compensation is reduced proportionally — for example, if you are found 25% at fault, your award is reduced by 25%. Insurance companies often try to inflate your percentage of fault to reduce their payout. We fight back against unfair fault assignments.
What if there was a “wet floor” sign — does that eliminate the owner’s liability?
Not necessarily. A warning sign is one factor, but it does not automatically shield a property owner from liability. If the sign was placed improperly, was not visible, or the hazard was unreasonably dangerous regardless of the warning, liability may still exist.
What if I didn’t go to the emergency room right away?
A delayed ER visit does not automatically hurt your case, but it does require explanation. Many serious injuries — including concussions, spinal injuries, and soft tissue damage — are not immediately apparent. Seeking medical care as soon as possible after the incident is always advisable, and our attorneys can help address gaps in treatment history.
Do I have a case if I was trespassing?
Generally, Texas law provides limited protection to trespassers. However, two important exceptions exist:
- Attractive nuisance doctrine: If a dangerous man-made condition (such as an unfenced pool) attracts and injures a child, the owner may be liable
- Intentional harm: If a property owner intentionally injures or endangers a trespasser, liability can attach
How much does it cost to hire a premises liability lawyer?
Nothing upfront. Our firm handles premises liability cases on a contingency fee basis — meaning we only get paid if we recover compensation for you. There is no cost to speak with us, and no fee unless we win.
Why Choose The Law Offices of Tyler & Peery?
There are many personal injury firms in San Antonio. Here is what sets Tyler & Peery apart in premises liability cases specifically:
- Board-certified trial attorneys: Four of our six attorneys hold board certification in personal injury trial law from the Texas Board of Legal Specialization — one of the most rigorous credentials available to Texas trial lawyers
- 130+ years of combined experience: Our team has decades of hands-on experience investigating dangerous property conditions, deposing property managers, and taking premises liability cases to trial
- $1 million+ results: We have recovered numerous settlements and verdicts of $1 million or more for seriously injured clients
- Nationally recognized: We regularly receive referrals from attorneys across the United States who trust us with their most serious premises liability cases
- Trial-ready representation: Insurance companies know we go to trial. That reputation changes how they negotiate.
- Personal service: You will know the status of your case at every stage. We are accessible, responsive, and committed to keeping you informed from the first call through resolution.
Speak With a San Antonio Premises Liability Lawyer Today — No Cost, No Obligation
If you or a loved one has been seriously injured on someone else’s property in San Antonio or Bexar County, do not wait. Evidence disappears quickly, and the property owner’s insurer is already building their defense.
Call 210-340-0900 or complete our online contact form to schedule a free, confidential consultation. Home and hospital visits are available upon request.
The Law Offices of Tyler & Peery — Strong Counsel for Injured People.