San Antonio Premises Liability Lawyers

The duty of care a property owner owes to someone on their property depends in part on why that person was there. Texas law recognizes three categories of visitors, and the legal standard that applies to a claim can differ significantly depending on which category applies.

Invitees are people who enter a property with the owner’s express or implied invitation, typically for a business purpose. Customers in a store, guests at a hotel, diners at a restaurant, and visitors to a commercial facility are generally considered invitees. Property owners owe invitees the highest duty of care under Texas law. This includes a duty to inspect the property for dangerous conditions, repair or remove hazards, and warn of known dangers that cannot be immediately addressed.

Licensees are people who enter a property with the owner’s permission but for their own purposes rather than a business purpose. Social guests in a private home are a common example. Property owners owe licensees a duty to warn of known dangerous conditions but are generally not required to inspect for unknown hazards.

Trespassers are people who enter a property without permission. In most circumstances, property owners owe trespassers no duty of care beyond refraining from willful or grossly negligent conduct. However, important exceptions exist — particularly when children are involved.

Understanding which category applies in your case is one of the first steps in evaluating a premises liability claim. Most commercial premises liability cases involve invitees, which carries the most protective legal standard. An attorney can assess the facts of your situation and explain how visitor status may affect your claim.

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Premises Liability Accidents in San Antonio and Bexar County

Serious injuries can occur on commercial, residential, public, and private property throughout San Antonio. The setting matters because the type of property often affects the evidence that may be available and the parties who may be responsible.

Examples include:

• Apartment complexes and rental properties: Unsafe stairs, broken gates, poor lighting, defective walkways, inadequate security, and unrepaired hazards in common areas.
• Hotels and resorts: Wet floors, unsecured furniture, faulty elevators, inadequate security, or hazards in pools, hallways, and common areas.
• Retail stores and grocery stores: Spills, merchandise hazards, damaged flooring, obstructed aisles, and inadequate inspection procedures.
• Restaurants and bars: Slippery floors, unstable seating, hot spills, overcrowding, inadequate security, and unsafe entryways.
• Parking lots and garages: Poor lighting, broken pavement, inadequate security, missing signage, and dangerous traffic patterns.
• Schools, daycares, playgrounds, and parks: Unsafe equipment, poor supervision, defective surfaces, or hazards that place children and families at risk.
• Sports venues, concert sites, conventions, and amusement parks: Dangerous walkways, crowd-control issues, inadequate security, falling objects, unsafe temporary structures, and other site-specific hazards.

A premises liability claim is not limited to a “slip and fall.” It may arise from an assault caused by negligent security, a dog attack, food poisoning, falling merchandise, a broken handrail, or another preventable danger on a property.

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Common Premises Liability Hazards in San Antonio and Bexar County

San Antonio’s size, climate, tourism industry, and rapid growth create a distinct set of property-related hazards that injure residents and visitors every year. While a dangerous condition can exist on any property, certain locations and circumstances appear repeatedly in premises liability claims throughout the city and surrounding county.

River Walk restaurants, bars, and entertainment venues. The River Walk draws millions of visitors annually. Wet stone surfaces, uneven pavement, crowded entryways, outdoor seating areas, and alcohol service create conditions where slip-and-fall and trip-and-fall injuries occur regularly. Liability in these cases may involve the business, the property owner, or both.

Large retail stores and grocery stores. Spills in produce sections, wet floors near entrances during rain, merchandise left in aisles, and hazards in parking lots and cart corrals are among the most common sources of retail-related injuries in San Antonio. Large chains often have established inspection and cleaning procedures — and evidence of whether those procedures were followed can be critical.

Apartment complexes in high-growth areas. Rapid residential development across San Antonio has produced properties where maintenance has not kept pace with occupancy. Broken gates, deteriorating stairways, inadequate lighting in parking areas and walkways, and unrepaired common-area hazards are recurring issues in premises liability claims involving rental properties.

Construction zones throughout the city. Active development along major corridors including I-10, Loop 1604, and downtown San Antonio creates pedestrian hazards from uneven surfaces, missing or inadequate barriers, poor lighting, and debris. When a construction-zone injury occurs, identifying the responsible party — the general contractor, a subcontractor, the property owner, or a public entity — requires prompt investigation.

Large public events and venues. The San Antonio Stock Show & Rodeo, Fiesta events, concerts, and conventions draw large crowds to venues where temporary structures, crowded walkways, and mixed public and private property can create complex liability questions. These cases often require identifying whether responsibility lies with the city, a private event organizer, a venue owner, or a vendor.

Public parks, sidewalks, and government-maintained property. Cracked sidewalks, deteriorating park equipment, broken curbs, and poorly maintained public spaces injure San Antonio residents regularly. Claims involving city or county property are subject to different rules and shorter notice deadlines than standard premises liability claims.

Hotels and short-term rental properties. San Antonio’s hospitality industry serves millions of visitors each year. Wet floors, inadequate lighting in parking garages, malfunctioning elevators, pool hazards, and negligent security are common sources of hotel-related injuries. These claims can involve both the hotel operator and the property owner, which are not always the same entity.

The location of an injury matters because it can affect what evidence is available, which parties may be responsible, and what legal standards apply. Our attorneys evaluate the specific property, its ownership and management structure, and the circumstances of the accident rather than applying a one-size-fits-all approach.

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Types of Premises Liability Cases We Handle

Tyler & Peery has developed a broad resource library for people injured in different types of premises liability incidents. Click any of our specialized practice areas below to learn more about distinct questions of property control, evidence rules, and insurance coverage:

Falls, Walkway Hazards, and Dangerous Conditions

• Slip-and-Fall Accidents – Injuries caused by wet floors, spills, loose mats, uneven surfaces, poor lighting, and other fall hazards.
• Broken Sidewalk Accidents – Trip-and-fall injuries involving cracked pavement, uneven walkways, potholes, and neglected pedestrian paths.
• Broken Stairs and Handrail Injuries – Claims involving unstable steps, missing handrails, loose railings, or building code violations.
• Elevator and Escalator Accidents – Injuries involving sudden stops, defective doors, misleveling, or maintenance deficiencies.
• Injuries Caused by Falling Objects – Accidents involving falling store merchandise, unsecured fixtures, or construction debris.

Residential, Hospitality, and Commercial Property Injuries

• Apartment Building Injuries – Claims involving dangerous common areas, neglected repairs, broken gates, and landlord negligence.
• Hotel Injuries – Accidents caused by unsafe hotel rooms, pools, showers, and walkways along the River Walk and across San Antonio.
• Restaurant Injuries – Slip-and-fall incidents, hot oil spills, crowded floor plans, and hazards in local dining spots.
• Supermarket and Grocery Store Accidents – Spills, aisle obstructions, and display hazards in retail food environments.
• Food Poisoning – Claims involving localized foodborne outbreaks, unsafe food handling, or serving contamination.

Negligent Security and Criminal Attacks

• Negligent Security – Crimes, assaults, and robberies enabled by commercial properties failing to provide adequate lighting, locks, or security staff.
• Texas Bar and Nightclub Injuries – Incidents involving overserving, inadequate security, overcrowding, or bouncer assault.

Recreation, Events, and Public-Facing Venues

• Amusement Park Injuries – Walkway, queuing, and ride-related injuries at local venues like Six Flags Fiesta Texas.
• Concert and Music Festival Injuries – Crowd crush hazards, stage collapsed materials, and event space slip-and-trips.
• Sports Venue and Sporting Event Injuries – Stadium seating hazards, structural failures, or parking lot injuries.
• San Antonio Convention Accident Injuries – Dangerous display exhibits, temporary floor trips, or mechanical failures.
• Playground and Public Park Injuries – Failing park structures, missing ground cushions, and defective recreational equipment.

Injuries Involving Children and Animals

• Daycare Facility Injuries – Inadequate child supervision, toy hazards, and neglected children’s facility safety.
• Dog Bite Injuries – Unleashed dogs, broken yard fences, and animal attacks on public or private land.
• Texas School and College Campus Injuries – Academic building neglect, falling stadium fixtures, or campus security failures.

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What a Property Owner’s Negligence Can Look Like

Property owners and occupiers are not automatically responsible simply because an injury occurs on their property. A successful claim generally requires evidence that a dangerous condition existed and that the responsible party failed to take reasonable steps to prevent harm.

Examples of negligence may include:

• Failing to clean up a spill or block off a wet floor
• Ignoring reports of a dangerous condition
• Failing to inspect areas that customers, tenants, or guests routinely use
• Delaying repairs to broken stairs, handrails, sidewalks, elevators, doors, or lighting
• Allowing clutter, merchandise, cords, or debris to create a walkway hazard
• Failing to maintain safe parking lots, common areas, entryways, and stairwells
• Providing inadequate lighting, locks, security measures, or access control where criminal activity is foreseeable
• Failing to address recurring hazards that have caused prior complaints, incidents, or injuries
• Failing to provide an adequate warning when a known hazard cannot be immediately repaired

The central issue in many cases is notice. Did the business, owner, manager, or other responsible party know about the danger? If not, should they reasonably have discovered it through proper inspection, maintenance, supervision, or security procedures?

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When a Child Is Injured on Someone Else’s Property: The Attractive Nuisance Doctrine

Children do not always appreciate the dangers that adults recognize. Texas law accounts for this reality through the attractive nuisance doctrine, which can hold a property owner liable for injuries to child trespassers under certain circumstances.

A property owner may be responsible for a child’s injury on their property — even if the child was not invited and had no legal right to be there — when:

• An artificial condition on the property, such as a swimming pool, trampoline, construction equipment, or abandoned structure, is likely to attract children;

• The property owner knows or reasonably should know that children may enter the property;

• The child, because of their age or limited understanding, does not appreciate the risk the condition presents;

• The burden of eliminating or reducing the danger is slight compared to the risk of harm to children; and

• The property owner fails to take reasonable steps to protect children from the hazard.

In San Antonio neighborhoods, common attractive nuisance situations include unfenced or inadequately fenced swimming pools, backyard trampolines, active or recently vacated construction sites, heavy equipment left on accessible property, and abandoned or deteriorating structures.

The doctrine does not apply to every hazard on a property, and courts evaluate the specific facts of each situation. Natural conditions, such as ponds or trees, are generally treated differently than artificial structures or equipment. The age and maturity of the child can also affect how the doctrine applies.

If your child was injured on someone else’s property — regardless of whether they had permission to be there — the circumstances may support a legal claim. An attorney can evaluate the facts and explain whether the attractive nuisance doctrine or another legal theory may apply.

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How We Investigate Your Case in the First 72 Hours

Premises liability cases can become more difficult as time passes. Dangerous conditions may be repaired, surveillance footage may be overwritten, witnesses may become unavailable, and records may be lost or changed. Our attorneys investigate the circumstances of an accident and work to identify evidence that may help establish liability.

Depending on the case, important evidence may include:

• Security-camera or surveillance footage
• Photographs and video of the dangerous condition
• Incident reports and internal communications
• Inspection records, cleaning logs, and maintenance schedules
• Repair records and work orders
• Prior complaints, prior incidents, or prior criminal activity
• Employee, tenant, customer, or eyewitness testimony
• Lease agreements and property-management contracts
• Security policies, patrol records, camera footage, access-control records, and lighting documentation
• Building-code, safety-code, or industry-standard evidence
• Medical records documenting the injury and its effect on the victim’s life

We evaluate the facts of each case, identify potentially responsible parties, and pursue the evidence necessary to present a strong claim.

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Actual Notice vs. Constructive Notice: Why It Matters

In many premises liability cases, the responsible party argues that it did not know about the dangerous condition. Our attorneys examine whether there is evidence of either actual notice or constructive notice.

Actual notice may exist when a property owner, manager, or employee was directly told about a hazard, saw it, created it, or documented it.

Constructive notice may exist when the condition was present long enough, occurred frequently enough, or was obvious enough that a reasonably careful property owner should have discovered and addressed it.

For example, evidence of routine inspection failures, recurring leaks, prior complaints, delayed repairs, or an established pattern of criminal incidents may be important in showing that a dangerous condition was foreseeable and should have been addressed.

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Common Insurance Company Defenses — and How We Respond

Insurance companies and property owners often begin building defenses immediately after an accident. Their goal may be to argue that the condition was not dangerous, that they did not have notice, or that the injured person was responsible.

Common defenses include:

• “The hazard was open and obvious.”
• “We did not know about the dangerous condition.”
• “The condition appeared only moments before the accident.”
• “The injured person was distracted, careless, or wearing inappropriate footwear.”
• “The property was inspected regularly.”
• “There were warning signs.”
• “The criminal act was not foreseeable.”
• “Another company or person controlled the property.”

A thorough investigation is essential. Surveillance footage, maintenance records, inspection policies, witness statements, prior incident reports, photographs, and property-control documents may help evaluate whether these defenses are supported by the facts.

Texas law may also allow responsibility to be divided among multiple parties. That makes it particularly important to identify every person or entity that owned, managed, maintained, secured, or controlled the property.

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Injured on City or Government Property in San Antonio? Different Rules Apply.

Not all premises liability claims follow the same rules. When a dangerous condition exists on property owned or controlled by a governmental entity — such as the City of San Antonio, Bexar County, the State of Texas, VIA Metropolitan Transit, or a public school district — the Texas Tort Claims Act governs whether and how a claim can be pursued.

Governmental immunity limits when a public entity can be sued. In Texas, governmental entities generally enjoy immunity from lawsuits unless that immunity has been specifically waived by statute. The Texas Tort Claims Act waives immunity in limited circumstances, including certain claims involving dangerous conditions on publicly owned property.

A formal notice of claim must typically be filed within 90 days. This is one of the most critical differences between a government-property claim and a standard premises liability claim. In many cases, an injured person must provide written notice to the governmental entity within 90 days of the injury. Failure to provide timely notice can permanently bar a claim — regardless of how serious the injury was or how clear the negligence may be.

Recoverable damages may be capped. The Texas Tort Claims Act limits the amount of compensation that can be recovered from a governmental entity, which differs from claims against private property owners.

Not every injury on public property qualifies. A claim under the Texas Tort Claims Act generally must involve a condition or use of tangible personal or real property. The specific facts of how the injury occurred matter significantly in determining whether a government-property claim is viable.

Common situations involving government-owned or government-controlled property in San Antonio include injuries on public sidewalks, in city parks, in public buildings, on public transit vehicles or facilities, in government-maintained parking areas, and in public schools or recreational facilities.

If you were injured on property owned or maintained by a city, county, state, or other governmental entity, the 90-day notice requirement makes prompt legal consultation especially important. Evidence can also disappear quickly on public property, where repairs may be made without preserving documentation of the original hazard.

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Compensation in a San Antonio Premises Liability Case

A serious injury can affect far more than a person’s immediate medical bills. When a property owner’s negligence causes harm, an injured person may seek compensation for losses supported by the evidence, which may include:

• Past and future medical expenses
• Lost income and reduced earning capacity
• Physical pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement or scarring
• Rehabilitation and assistive-care needs
• Other accident-related financial and personal losses

When a fatal injury occurs, surviving family members may have a wrongful death claim. The value and availability of compensation depend on the facts, the severity of the injury, available insurance coverage, and other case-specific factors.

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How Long Do You Have To File a Premises Liability Lawsuit in Texas?

Acting promptly after a premises liability injury is important for two reasons: evidence can disappear quickly, and legal deadlines can permanently affect your ability to pursue a claim.

The standard deadline is two years. In most Texas premises liability cases, the injured person has two years from the date of the injury to file a lawsuit. If a lawsuit is not filed within that period, the claim may be permanently barred regardless of how strong the evidence is.

Government entities require notice within 90 days. When the responsible party is a city, county, state agency, transit authority, or other governmental entity, a formal written notice of claim must typically be provided within 90 days of the injury. This is a much shorter window than the standard two-year deadline, and missing it can eliminate the claim entirely.

Different rules may apply when the injured person is a minor. In some circumstances, the filing deadline may be tolled — meaning paused — until a child reaches the age of 18. However, the specific rules depend on the facts of the case, and waiting is not advisable because evidence may be lost in the meantime.

Wrongful death claims have their own deadline. When a premises liability injury results in death, the two-year deadline for a wrongful death claim generally runs from the date of death rather than the date of the original injury.

The discovery rule may apply in limited circumstances. In some cases, the deadline may begin running from the date the injury was discovered or reasonably should have been discovered, rather than the date of the incident itself. This is a narrow exception and requires careful legal analysis.

Do not assume you have time to wait. Surveillance footage is routinely overwritten within 24 to 72 hours. Incident reports may be altered or lost. Witnesses become harder to locate. The sooner an attorney can begin preserving evidence and evaluating the claim, the better positioned you will be.

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What Happens After You File a Premises Liability Claim in Texas?

Many people who have been injured on someone else’s property are unfamiliar with how a legal claim actually works. Understanding the general process can help you make informed decisions and know what to expect at each stage.

1. Initial case evaluation. An attorney reviews the facts of the accident, the nature and extent of the injuries, the property and its ownership, and the available evidence. This evaluation helps determine whether a viable claim exists and who the potentially responsible parties may be.

2. Evidence preservation. One of the first priorities is identifying and securing evidence before it is lost. This may include sending legal hold letters to the property owner or manager, requesting surveillance footage, obtaining incident reports, and documenting the dangerous condition through photographs, witness statements, and inspection records.

3. Investigation. The attorney investigates the property, its ownership and management structure, the history of the dangerous condition, prior complaints or incidents, and the responsible party’s inspection and maintenance practices. In complex cases, this may involve expert review of building codes, safety standards, or security practices.

4. Medical documentation. Building a complete picture of the injury requires gathering medical records, treatment histories, physician opinions, and documentation of future care needs, lost income, and the effect of the injury on daily life.

5. Demand and negotiation. Once the investigation and medical documentation are sufficiently developed, the attorney presents the claim to the responsible insurer and negotiates toward a resolution. The insurer may accept, reject, or make a counteroffer.

6. Litigation. If a fair resolution cannot be reached through negotiation, the attorney files a lawsuit and the case proceeds through the court process. This includes formal discovery — the exchange of documents, written questions, and depositions — as well as pretrial motions and, if necessary, trial.

7. Resolution. Most premises liability cases are resolved through a negotiated settlement before trial. However, some cases require a jury verdict to achieve a fair outcome. Our attorneys prepare every case with the possibility of trial in mind, which can also strengthen the negotiating position during settlement discussions.

The timeline for a premises liability claim varies depending on the complexity of the case, the severity of the injuries, the number of parties involved, and the willingness of the insurer to negotiate in good faith. An attorney can give you a more specific assessment after reviewing the facts of your situation.

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What To Do After an Injury on Someone Else’s Property

Your health and safety come first. If you are able, taking certain steps after a property-related injury may help protect your well-being and preserve information that could matter later.

1. Seek medical care promptly. Some injuries may not be immediately apparent, and medical records are important evidence.
2. Report the incident. Tell a manager, property owner, employee, security officer, or other responsible person. Ask whether an incident report was prepared.
3. Document the scene. Take photographs or video of the hazard, surrounding area, lighting, warning signs, clothing, footwear, and visible injuries, if you can safely do so.
4. Get witness information. Obtain names and contact details for people who saw the accident or the dangerous condition.
5. Preserve relevant items. Keep the shoes, clothing, receipts, photographs, and other items connected to the incident.
6. Avoid giving a recorded statement to an insurer before getting legal advice. Insurance adjusters may ask questions designed to limit or dispute a claim.
7. Contact an experienced premises liability attorney. Quick legal guidance can help identify evidence that should be preserved.

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Why Choose Tyler & Peery for a Premises Liability Claim?

Premises liability cases are often contested. Property owners and insurers may have teams of adjusters, investigators, and attorneys working to minimize responsibility. Tyler & Peery provides experienced legal representation for injured people facing serious and complex claims.

Clients choose our firm because we offer:

• More than 130 years of combined legal experience in personal injury and wrongful death litigation
• Four board-certified personal injury trial lawyers among our six attorneys, certified by the Texas Board of Legal Specialization
• A San Antonio-based team focused on helping injured people and families in Bexar County and across Texas
• Thorough case preparation built around the specific property, hazard, evidence, and parties involved
• Trial experience and determined advocacy when an insurer refuses to make a fair offer
• Personal service and communication throughout the legal process

We know that a serious accident can leave you overwhelmed by pain, lost income, medical care, and uncertainty. Our attorneys handle the legal work so you can focus on your recovery.

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Frequently Asked Questions About Premises Liability in San Antonio

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

Many Texas personal injury claims are subject to a two-year filing deadline, but the applicable deadline can vary based on the facts and parties involved. Claims involving governmental entities may have much shorter notice requirements. Speak with an attorney as soon as possible to understand the deadline that may apply to your case.

What is the difference between a slip-and-fall and a premises liability claim?

A slip-and-fall is one type of premises liability claim — the most common. Premises liability is the broader legal category that includes any injury caused by an unsafe condition on someone else’s property, including negligent security, falling objects, dog bites, swimming pool accidents, and other hazards beyond a simple fall.

Does it matter if I signed a waiver before entering the property?

A signed waiver does not automatically prevent a premises liability claim in Texas. Waivers may be unenforceable in certain circumstances, and they generally cannot protect a property owner from liability for gross negligence or reckless conduct. An attorney can evaluate whether a waiver affects your specific claim.

What if the property owner says I was trespassing?

Trespassing status can affect a claim, but it does not automatically eliminate one. Texas law recognizes exceptions, particularly when children are involved under the attractive nuisance doctrine, and in some circumstances involving known trespassers. The facts of how and why you were on the property matter.

Can I bring a claim if the injury happened at a friend’s or family member’s home?

Yes. Homeowner’s insurance typically covers premises liability claims, and a claim is generally made against the insurance policy rather than directly against the individual. An attorney can explain how this works in your specific situation.

Can I bring a claim if I was partly at fault?

Possibly. Texas uses a proportionate-responsibility system. Depending on the facts, an injured person may still pursue compensation even if they share some responsibility for an accident. However, the amount of recoverable damages may be affected, and recovery may be barred if the person is found more than 50% responsible.

What if the dangerous condition was repaired after I was hurt?

A repair does not erase what happened, but it can make evidence harder to obtain. This is one reason photographs, witness information, incident reports, and prompt legal guidance can be important after an accident.

Is a business responsible for every injury that happens on its property?

No. An injury alone does not prove negligence. The evidence must show that a dangerous condition existed and that the responsible party failed to use reasonable care under the circumstances. An attorney can evaluate whether the facts support a claim.

What if the property owner claims the hazard was there for only a short time?

The length of time a hazard existed is relevant but not always decisive. If the property owner created the condition, or if the condition was part of a recurring pattern, the duration may matter less. Evidence such as inspection logs, cleaning schedules, and prior incident reports can be important in evaluating this defense.

What if I was injured at a business but I am not sure who owns or manages the property?

Property ownership and management responsibility are not always obvious. A business may lease space from a separate landlord, and maintenance responsibilities may be divided between multiple parties. An attorney can investigate the property records, lease agreements, and management contracts to identify who may be responsible.

Can I sue if I was assaulted at an apartment complex, hotel, parking lot, or bar?

A property owner may be liable for injuries caused by criminal acts in certain circumstances, particularly when the risk was foreseeable and reasonable security measures were not provided. These cases are highly fact-specific and often require investigation into prior incidents, lighting, access controls, surveillance, security practices, and other evidence.

What if I fell in a grocery store or restaurant but did not see what caused the fall?

You may still have a claim, but evidence is important. Surveillance video, incident reports, witness accounts, inspection logs, employee statements, and photographs may help establish what caused the accident and whether the business had notice of the condition.

How much is my premises liability case worth?

There is no standard value for a premises liability case. The potential value depends on the nature and severity of the injury, medical treatment, lost income, long-term effects, available insurance, liability evidence, and other facts. An attorney can assess your situation during a confidential consultation.

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Speak With a San Antonio Premises Liability Lawyer Today

If you were injured on unsafe property in San Antonio or Bexar County, do not assume that the property owner’s insurance company will fairly evaluate your claim. Learn about your legal options from an experienced attorney at The Law Offices of Tyler & Peery.

Call 210-987-2339 or contact us online for a free, confidential consultation. We handle premises liability cases on a contingency-fee basis, meaning you pay no attorney’s fee unless we recover compensation for you.

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