Injured at a Texas Hotel? Our Resort Injury Lawyers Help

Who May Be Responsible for a Hotel or Resort Injury in Texas

Under Texas premises liability law, property owners and occupiers owe a duty to keep the premises reasonably safe for invitees—such as paying hotel guests—or to adequately warn of unreasonably dangerous conditions they know about or, in some circumstances, should discover through reasonable inspections. See, e.g., Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015).

Potentially responsible parties can include:

• The hotel owner or property management company (control and maintenance of common areas)
• A franchisee or operator
• Third-party contractors (security, housekeeping, maintenance)
• Product manufacturers if defective furnishings or equipment contributed to the injury

Determining who controlled the area, who had actual or constructive knowledge of the hazard, and what steps were taken to make the condition safe or to warn are key questions. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).

Common Resort and Hotel Injury Scenarios

• Slip, trip, and falls from wet floors, poor lighting, worn carpeting, uneven walkways, or missing handrails
• Pool and spa incidents (inadequate supervision, faulty gates, improper chemical balance, or missing safety equipment)
• Negligent security leading to assaults or theft due to broken locks, inadequate lighting, or lack of reasonable security measures
• Elevator and escalator malfunctions, balcony or railing failures, and falling objects
• Foodborne illness or burns from unsafe food handling or hot beverage service
• Transportation injuries involving hotel shuttles or valet operations

What You Must Prove

In a Texas premises liability claim, an injured guest generally must show:

• The hotel or other responsible party owed a duty of care (e.g., to an invitee)
• It knew or should have known of an unreasonably dangerous condition
• It failed to take reasonable steps to make the condition safe or to provide adequate warning
• That failure proximately caused your injuries and losses

Evidence of actual or constructive notice—such as prior complaints, inspection logs, surveillance video, or proof that the condition existed long enough that it should have been discovered—often makes a critical difference. See Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002) (requiring some temporal evidence of the hazard for constructive notice).

Evidence to Preserve After a Hotel Injury

• Photos/video of the hazard, lighting, warning signs (or absence), and your injuries
• Names and contact information for witnesses and staff you spoke with
• Incident reports, room key records, and reservation details
• Medical evaluation records, bills, and documentation of missed work
• Any communications with the hotel, insurers, or third-party vendors

Act quickly to preserve time-sensitive evidence like surveillance footage and maintenance logs, which may be retained only briefly.

Comparative Fault in Texas

Texas uses modified comparative negligence (proportionate responsibility). Your compensation can be reduced by your percentage of responsibility, and recovery is barred if you are more than 50% at fault. See Tex. Civ. Prac. & Rem. Code § 33.001.

Potential Compensation

Depending on the facts and available insurance, recoverable damages may include medical expenses, lost wages and diminished earning capacity, pain and suffering, physical impairment, disfigurement, and in some cases property damage. Thorough documentation of both economic and non-economic losses strengthens a claim.

Dealing With Hotel Insurers and Risk Managers

Hotels and resorts often involve multiple insurers and third-party administrators. Provide only necessary basic information early on and avoid recorded statements or broad medical authorizations until you have spoken with counsel. An attorney can manage communications, preserve evidence, and identify all sources of recovery.

How Our Texas Resort Injury Lawyers Can Help

We act quickly to investigate, send preservation notices, gather maintenance and security records, analyze contracts with third-party vendors, and work with qualified experts in safety, engineering, and medicine. We build the liability case, calculate damages, negotiate with insurers, and, when necessary, file suit and litigate.

Take Action Sooner Rather Than Later

Deadlines vary by claim and party. Many Texas personal-injury claims carry a two-year limitations period, but exceptions exist. See Tex. Civ. Prac. & Rem. Code § 16.003(a). Speaking with a lawyer promptly helps protect your rights and preserve critical proof.

When Defective Products or Third Parties Are Involved

If a balcony, chair, exercise equipment, elevator, or pool component failed, product liability may apply alongside premises liability. Likewise, independent contractors—such as security companies or janitorial services—may share responsibility if their work created or failed to remedy a dangerous condition.

FAQs

Do I have a case if there was a warning sign?
Possibly. A warning must reasonably alert guests to a specific hazard and does not automatically excuse failure to correct an unreasonably dangerous condition when feasible. See Austin v. Kroger.

What if I slipped near the pool?
Hotels must take reasonable steps to address foreseeable wet-surface risks (e.g., traction, drainage, rules enforcement) and to warn of unreasonably dangerous conditions.

Will my case settle?
Many cases resolve before trial, but preparing as if for trial often drives fair settlement outcomes.

Free Consultation

If you or a loved one was injured at a Texas hotel or resort, we can help you understand your options and protect your claim. Contact us for a free consultation.

Legal citations

• Tex. Civ. Prac. & Rem. Code § 33.001 (comparative responsibility)
• Tex. Civ. Prac. & Rem. Code § 16.003(a) (general two-year personal-injury limitations)
• Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015) (premises duty to invitees; open-and-obvious doctrines)
• Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002) (constructive notice requires temporal evidence)
• CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000) (control and knowledge in premises defect cases)
• Texas Supreme Court opinions (official)

Texas-specific disclaimer: This post is for general information only, reflects Texas law as of the date listed, and is not legal advice. Reading it does not create an attorney-client relationship. Consult a lawyer licensed in Texas about your situation.