Texas Premises Liability: Personal Injury Claim Help
TL;DR: In Texas, owners and occupiers owe different duties to invitees, licensees, and trespassers. To recover for an injury caused by a dangerous property condition, most plaintiffs must prove that an unreasonably dangerous condition existed, the defendant knew or should have known about it, failed to use ordinary care, and that failure caused the injury. Key defenses include the open-and-obvious no-duty rule and proportionate responsibility (claims are barred if you are more than 50% at fault) [1] [5]. Most personal injury claims must be filed within two years, and claims against governmental entities often require earlier written notice [6] [2]. Consider speaking with a Texas premises liability lawyer promptly.
What Is Premises Liability in Texas?
Premises liability is a negligence theory based on a dangerous condition on property. In general, an owner or occupier who controls the premises can be liable for failing to use ordinary care to reduce or eliminate an unreasonable risk of harm posed by a condition on the property [3]. Texas law distinguishes premises-condition claims from negligent-activity claims; negligent activity requires a contemporaneous negligent act, not merely a static condition [4] [5].
Common Premises Liability Claims
- Slip and fall incidents from spills, leaks, tracked-in rain, or uneven floors
- Trip and fall hazards like broken stairs, loose mats, cords, or potholes
- Unsafe conditions at stores, restaurants, apartments, parking lots, and other public-access premises
- Inadequate maintenance or failure to repair known hazards
- Negligent security claims alleging lack of reasonable measures against foreseeable criminal acts [8] [9]
- Defective lighting or lack of handrails in common areas
- Dog bites or animal-related injuries on the property (depending on facts, duties may vary)
Visitor Status and Duty of Care
Texas varies the duty owed based on legal status:
- Invitees (e.g., shoppers, tenants’ guests in common areas): Duty to use ordinary care to make the premises reasonably safe, including inspecting for and addressing unreasonably dangerous conditions the occupier knows or should know about [3].
- Licensees (e.g., social guests): Duty to not injure by willful, wanton, or grossly negligent conduct and to warn of or make safe dangerous conditions known to the occupier and not known to the licensee [3].
- Trespassers: Generally, duty is limited to avoiding willful, wanton, or grossly negligent harm; special rules can protect children under the attractive nuisance doctrine in appropriate circumstances [3].
What You Must Prove
In most premises-condition cases, a plaintiff must show: (1) the defendant owned, occupied, or controlled the premises; (2) a condition on the premises posed an unreasonable risk of harm; (3) the defendant knew or, by exercising reasonable care, should have known of the condition; (4) the defendant failed to exercise ordinary care to reduce or eliminate the risk; and (5) that failure proximately caused injuries and damages [3]. Texas courts also distinguish negligent activity from a premises condition; the former requires a contemporaneous negligent act [4] [5].
Notice: Actual, Constructive, and Creation of the Hazard
Liability often turns on notice. Plaintiffs may establish: (a) actual knowledge; (b) constructive knowledge because the condition existed long enough that a reasonable inspection would have discovered it; or (c) knowledge because the occupier created the condition. In slip-and-fall cases, temporal evidence is usually required to prove constructive notice—proximity of an employee to a spill, without more, is not enough [7].
Open and Obvious Conditions and the No-Duty Doctrine
Texas recognizes that an occupier may have no duty to warn of open and obvious hazards that a reasonable person would recognize and avoid. Exceptions may apply, including when the occupier should anticipate harm despite the condition being obvious, or when the invitee is compelled to encounter the risk to perform work (sometimes called the necessary-use exception) [5].
Comparative Fault and Other Defenses
Texas follows proportionate responsibility. Your recovery is reduced by your percentage of responsibility, and it is barred if you are more than 50% at fault [1]. Defendants may also contend that they lacked notice, the condition was not unreasonably dangerous, the hazard was open and obvious, or that injuries were caused by unforeseeable criminal acts of third parties (foreseeability in negligent-security cases is evaluated under factors recognized by the Texas Supreme Court) [8] [9].
Deadlines to Bring a Claim
Strict deadlines apply. In most Texas personal injury cases, the statute of limitations is two years from the date of injury [6]. Claims against governmental entities are subject to additional requirements and limited immunity waivers under the Texas Tort Claims Act, including written notice requirements in many cases [2]. Because missing a deadline can bar your claim, consider speaking with a Texas attorney as soon as possible.
Evidence That Can Strengthen Your Claim
- Photos and video of the hazard and surrounding area
- Names and statements of witnesses
- Incident reports; maintenance, inspection, and cleaning logs
- Weather data and sweep logs where relevant
- Medical evaluations linking injuries to the incident
- Proof of lost wages and other economic losses
Practical Tips
- Request that video footage be preserved immediately; many systems overwrite within days.
- Save footwear and clothing in a sealed bag; do not wash or alter them.
- Keep a pain and recovery journal starting the day of the incident.
- Avoid posting details or photos about the incident on social media.
Medical Care and Documentation
Seek prompt medical care and follow treatment recommendations. Consistent documentation helps show causation, the extent of injuries, pain and limitations, and future care needs.
Insurance and Early Communications
Insurers often contact injured people quickly. Provide accurate, concise information, but consider consulting counsel before recorded statements or signing medical authorizations. Avoid settlements until you understand your injuries, liability issues, and future needs.
How a Texas Premises Liability Lawyer Can Help
- Investigate ownership and control of the property
- Preserve evidence via spoliation letters and early inspections
- Identify applicable building codes, safety standards, and store policies
- Retain experts (human factors, safety, maintenance, or security)
- Evaluate comparative fault, damages, and insurance coverage
- Negotiate with insurers and, when necessary, litigate
Practical Next Steps
- Report the incident and request an incident report
- Photograph the scene, footwear, and your injuries
- Preserve the shoes or items involved in the fall without alteration
- Collect witness contact information
- Seek medical care and follow up consistently
- Consult a Texas premises liability attorney promptly
Frequently Asked Questions
Do I have a case if there were warning signs?
It depends. Signs may reduce risk, but they do not automatically defeat a claim if the overall condition remained unreasonably dangerous or the risk was not adequately addressed [3].
What if I slipped on rainwater near the entrance?
Weather-related cases focus on whether the occupier used reasonable measures (e.g., mats, cones, periodic inspections) given the conditions and whether the hazard existed long enough to be discovered [7].
What damages can I recover?
Potential damages may include medical expenses, lost wages, pain and suffering, impairment, and—in appropriate cases—future care costs. Any award can be reduced by your percentage of fault, and recovery is barred if you are more than 50% responsible [1].
How long do I have to file?
Often two years for personal injury, subject to exceptions. Claims against governmental entities can have earlier notice requirements. Speak with a Texas attorney promptly to protect your rights [6] [2].
Talk With a Texas Premises Liability Lawyer
If you were injured due to a dangerous property condition in Texas, our team can evaluate your options and deadlines. Contact us to schedule a free consultation.
Sources
- [1] Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility): Link
- [2] Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act): Link
- [3] Texas Civil Jury Charges (Premises instructions), 2019 (Texas judiciary PDF): Link
- [4] Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992): Link
- [5] Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015): Link
- [6] Texas Civil Practice & Remedies Code § 16.003 (two-year limitations): Link
- [7] Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002): Link
- [8] Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998): Link
- [9] Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762 (Tex. 2010): Link
Disclaimer (Texas): This page provides general information about Texas premises liability and is not legal advice. Laws change, and outcomes depend on specific facts. Reading this page does not create an attorney–client relationship. Consult a qualified Texas attorney about your situation.