Law Office of Miguel A. Salazar, PLLC

Law Office of Miguel A. Salazar, PLLCLaw Office of Miguel A. Salazar, PLLCLaw Office of Miguel A. Salazar, PLLC

Law Office of Miguel A. Salazar, PLLC

Law Office of Miguel A. Salazar, PLLCLaw Office of Miguel A. Salazar, PLLCLaw Office of Miguel A. Salazar, PLLC
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    • Premises Liability
    • Motor Vehicle Accidents
    • Pedestrian Accidents
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    • Home
    • Contact
    • About
    • Practice area
      • Premises Liability
      • Motor Vehicle Accidents
      • Pedestrian Accidents
    • BBB Acredited
  • Home
  • Contact
  • About
  • Practice area
    • Premises Liability
    • Motor Vehicle Accidents
    • Pedestrian Accidents
  • BBB Acredited

Dedicated Legal Counsel

From an Attorney Who Puts You First

Premises Liability Claims

What Is a Premises Liability Claim?

 

  • Arises from an injury caused by a dangerous condition on someone else's property.
     
  • Most common example: slip and fall case.
     
  • There are also less common versions, like a "slip-and-jerk" case (e.g., when someone slips but doesn’t fully fall).

Classifications of Visitors (Important for Liability)

 

The status of the person on the property affects their ability to recover damages. There are three main types:

1. Invitee

  • Enters the property with the owner’s knowledge and for mutual benefit (e.g., customers in a store).
     
  • Property owner must:
     
    • Make the property safe, or
       
    • Warn against unreasonably dangerous conditions they know or should know about.
       

2. Licensee

  • Enters with permission but not for mutual commercial benefit (e.g., a guest at your home).
     
  • Owner’s duty:
     
    • Make safe any known dangers not obvious to the guest.
       

3. Trespasser

  • Enters without permission.
     
  • Property owner only owes a limited duty:
     
    • Must not intentionally harm the trespasser through willful, wanton, or grossly negligent acts.
       
    • Tip: Signage like "Beware of Dog" can help avoid liability.

Responsibilities of Property Owners

 

Injury alone is not enough. To make a valid claim, you must assess:

  • What caused the injury?
     
  • Was the condition unreasonably dangerous?
     
  • Did the owner know (or should they have known) about it?
     
  • Did they exercise reasonable care?
     
  • Did the condition directly cause the injury?

Gathering the Right Facts After an Injury

 

  • Most people don’t think like lawyers—which is good—but...
     
  • After an injury on someone else’s property, pause and observe.
     
  • Use the Five W’s (Who, What, Where, When, Why):
     
    • Who saw it?
       
    • What caused it?
       
    • Where did it happen?
       
    • When did it happen?
       
    • Why was the hazard there?
       

💡 Tip: The more detail you gather, the easier it is for a lawyer to evaluate your claim.

Common Misunderstanding: Immediate Liability

 

Example: Slipping on a banana peel right after it drops.

  • Not enough to prove liability.
     
  • The owner must have had a chance to correct the hazard.

Final Takeaway

 

  • Premises liability claims are complex and fact-intensive.
     
  • The earlier and better the facts are gathered, the stronger your case.
     
  • Always consult an experienced attorney if you think you might have a claim.

Contact Us

Better yet, see us in person!

We love our customers, so feel free to visit during normal business hours.

Law Office of Miguel A. Salazar, PLLC

333 EBONY AVE, BROWNSVILLE, TX 78520

AVAILABLE 24/7 956-551-0513

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09:00 am – 05:00 pm

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