Injured on Unsafe Property in San Antonio? We Hold Property Owners Accountable.

When you enter a store, walk through a parking lot, or visit someone’s home, you have a fundamental right to expect safety from known hazards. Whether you are a customer, a guest, or even a delivery person, property owners and managers in Texas have a legal duty to exercise ordinary care to protect you from unreasonable dangers. When they fail in this duty—by neglecting to fix a broken stair, clean a spill, provide adequate lighting, or secure their premises—and you suffer a serious injury as a result, the law provides a path to justice.

At Barton & Associates, our San Antonio premises liability lawyers are dedicated to enforcing the rights of those injured due to negligent property conditions. Slip and fall accidents are the most common example, but premises liability encompasses a wide range of dangerous scenarios, from inadequate security leading to assault to swimming pool drownings. We understand the specific legal standards that apply to visitors in Texas, and we know how to build a compelling case to prove the property owner knew or should have known about the hazard that caused your harm.

Understanding Texas Premises Liability Law: The Duty Owed to You

The legal responsibility of a property owner depends heavily on your status when you were injured. Texas law classifies visitors into three categories, each with a different level of duty:

1. Invitees: You are on the property for the mutual economic benefit of yourself and the owner. This includes customers in a store, clients in an office, or patrons in a restaurant. Property owners owe invitees the highest duty of care. They must not only warn of known dangers but also actively inspect the premises to discover hidden risks and make the property reasonably safe.
2. Licensees: You are on the property for your own purposes with the owner’s permission, but not for their economic benefit. This includes social guests in a home. Owners must warn licensees of dangers they actually know about but generally do not have a duty to inspect for unknown hazards.
3. Trespassers: You are on the property without any right or permission. Owners generally only owe a duty not to intentionally injure trespassers or to avoid gross negligence in limited circumstances.

Most serious injury cases we handle involve invitees. Stores, hotels, apartment complexes, and shopping centers have a profound legal responsibility to protect their customers. To win a premises liability case, we must prove:

• The property owner/operator had a duty of care to you.
• A condition on the property posed an unreasonable risk of harm.
• The owner/operator knew or reasonably should have known about the danger (this is called “constructive knowledge” and is often the key to the case).
• The owner/operator failed to take reasonable steps to fix the hazard or warn you about it.
• This failure directly caused your injuries and resulting damages.

Common Types of Premises Liability Cases We Handle

Our firm has successfully resolved a wide range of dangerous property cases across San Antonio:

• Slip, Trip & Fall Accidents: The most frequent claim. Hazards include:
  • Wet or freshly waxed floors without warning signs.
  • Spills left unaddressed for unreasonable periods.
  • Uneven pavement, potholes, or cracked sidewalks.
  • Torn carpeting, loose floorboards, or unmarked steps.
  • Poor lighting in stairwells, parking garages, or walkways.
  • Ice and snow accumulation in parking lots.
• Inadequate Security & Violent Assaults: Property owners in high-crime areas or those who attract the public (apartment complexes, hotels, malls, parking garages, bars) have a duty to provide reasonable security. We pursue claims when negligent security leads to:
  • Assault, robbery, or rape due to broken locks, missing security personnel, or non-functioning lighting and cameras.
• Swimming Pool & Drowning Accidents: Property owners (both residential and commercial) must take reasonable steps to prevent unsupervised access, especially by children. Cases involve lack of proper fencing, self-latching gates, or adequate supervision.
• Dog Bites & Animal Attacks: Texas has a specific “one-bite rule” and laws governing owner liability. We help victims recover for medical bills, scarring, and trauma.
• Elevator & Escalator Malfunctions: Often caused by improper maintenance or inspection by a third-party service company.
• Dangerous Conditions in Apartment Complexes: Including broken stair railings, faulty balcony railings, and criminal assaults due to broken gates or locks.
• Negligent Maintenance: Injuries caused by falling objects from shelves, collapsing ceilings, or faulty electrical wiring.

What to Do After a Slip and Fall or Premises Injury in San Antonio

Protecting your health and your potential claim starts the moment you are injured:

1. Report the Incident Immediately: Notify the manager, security, or property owner on the spot. Ask them to create a written incident report. Get a copy or note the name of the person you reported to.
2. Document the Hazard & Scene: Use your cell phone to take clear photos and video of:
   1. The exact condition that caused your fall (the spill, the torn carpet, the uneven pavement).
   2. The broader area (showing a lack of warning signs, poor lighting, or the context).
   3. Any visible injuries (bruises, cuts, swelling).
3. Identify Witnesses: Get the names and contact information of anyone who saw you fall or saw the dangerous condition before your accident (e.g., an employee who walked past the spill).
4. Seek Medical Attention: Go to the doctor or emergency room immediately. Slip and falls can cause hidden injuries like fractures, herniated discs, or concussions. A medical record created that day is powerful evidence.
5. Preserve Evidence: Do not wash or discard the shoes or clothing you were wearing. They may contain traces of the substance you slipped on.
6. Do NOT Give a Statement to the Property Owner’s Insurance Company: They will contact you quickly. Their adjuster is trained to get you to say things that minimize their liability. Politely decline and refer them to your attorney.
7. Contact a Premises Liability Attorney Promptly: Call Barton & Associates. These cases hinge on evidence that disappears quickly (spills are cleaned, cracks are repaired, surveillance footage is recorded over). We act fast to preserve this evidence.

How Barton & Associates Builds a Strong Premises Liability Case

Success requires proving the property owner had “notice” of the hazard. We build this proof systematically:

• Immediate Evidence Preservation: We send legal letters to the property owner and their insurer demanding they preserve all relevant evidence: surveillance footage from security cameras, maintenance logs, incident reports, and employee work schedules. We also seek footage from neighboring businesses that may have captured the hazard.
• Thorough Investigation of “Notice”: We prove the owner “should have known” by demonstrating:
  • The hazard existed for a long enough time that a reasonable inspection would have found it (e.g., through witness testimony or timestamped footage).
  • The condition was a recurring problem (we subpoena prior incident reports and maintenance requests).
  • The owner’s inspection procedures were inadequate (we depose employees on their cleaning/inspection routines).
• Expert Support: We work with safety experts, engineers, and medical professionals to illustrate how the property fell below the standard of care and to document the full extent of your injuries.
• Damages Calculation: We fight for full compensation, including:
  • Medical Expenses (ER visits, surgery, physical therapy, future care)
  • Lost Wages
  • Physical Pain and Suffering
  • Mental Anguish & Emotional Distress (anxiety about falling again is common)
  • Disfigurement or Permanent Disability

Why Premises Liability Cases Are Challenging & Why You Need an Expert

Insurance companies vigorously defend these claims. They will argue you weren’t paying attention, the hazard was “open and obvious,” or that their client had no reasonable way to know about it. They count on victims to give up.

Our experienced attorneys know how to counter these defenses:

• We prove “constructive knowledge” using the strategies above.
• We argue that even an “open and obvious” danger can be unreasonably dangerous if it distracts from another hazard or if the owner should expect people to encounter it.
• We have the resources to take on large property management companies, retail chains, and insurance carriers.

The Barton & Associates Difference

• Local Insight: We know the common hazards in San Antonio properties and the local court procedures.
• Contingency Fee: You pay no attorney fees unless we win your case.
• Client-Centered Advocacy: We guide you through the process, keep you informed, and fight for the best possible outcome. Se habla español.
• Proven Results: We have a track record of securing substantial settlements and verdicts in premises liability cases.

Don’t Let a Property Owner’s Negligence Cause You Lifelong Harm

A serious slip and fall can lead to chronic pain, mobility issues, and an inability to work. The property owner’s insurance company will offer a low, quick settlement hoping you’ll take it before realizing the long-term impact.

Our goal is to secure compensation that truly covers your needs—allowing you to heal financially as well as physically.

Contact Our San Antonio Premises Liability Law Firm Today

If you’ve been seriously injured in a slip and fall, assault due to poor security, or any accident caused by unsafe property conditions in San Antonio, time is critical. Evidence vanishes quickly.

You have the right to a safe environment. When that right is violated, we are here to enforce it.

Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free consultation. We will listen to your story, evaluate your claim, and explain how we can fight to hold the negligent property owner accountable.

Main Category: Personal Injury
Practice Area Category: Workplace & On-Site Injuries
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000