Injured on Texas Property? Win Your Premises Claim Today

What Is a Texas Premises Liability Claim?

Premises liability is a negligence claim against a property owner or occupier for failing to use ordinary care to reduce or eliminate an unreasonable risk of harm the owner knew or should have known about. Common examples include slip-and-fall incidents, trip hazards, falling merchandise, inadequate lighting or security, unsafe stairs or railings, dog-related injuries, and hazards on construction or commercial sites. See, e.g., Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992); CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).

Your Legal Status Matters: Invitee, Licensee, or Trespasser

In Texas, the duty owed by a property owner depends on your legal status when you were hurt:

• Invitees (such as store customers) are owed a duty of ordinary care to make the property reasonably safe, which includes reasonable inspections and either remedying hazards or warning about them. See Keetch; CMH Homes.
• Licensees (such as social guests) are owed a duty to be warned of or protected from known dangerous conditions that are not open and obvious; generally there is no duty to inspect for unknown hazards. See Rosas v. Buddies Food Store, 518 S.W.2d 534 (Tex. 1975).
• Trespassers are owed a more limited duty—typically to avoid willful, wanton, or grossly negligent harm. Special rules may apply when children are injured by artificial conditions. See, e.g., Banker v. McLaughlin, 208 S.W.2d 843 (Tex. 1948).

How to Prove Negligence

To prevail, an injured person generally must show: (1) the owner or occupier had actual or constructive knowledge of an unreasonably dangerous condition; (2) the condition posed an unreasonable risk of harm; (3) the owner failed to exercise reasonable care to reduce or eliminate the risk; and (4) the failure proximately caused the injuries. Constructive knowledge may be shown with evidence the hazard existed long enough that it should have been discovered through reasonable inspection. See Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002); Keetch; CMH Homes.

Open and Obvious Conditions and the No-Duty Rule

Texas generally recognizes no duty to warn of open and obvious dangers that an invitee can avoid through ordinary care. However, a duty may still arise where the owner should anticipate harm despite the invitee’s knowledge—such as when the invitee is effectively required to confront the hazard to do their job or exit the premises. These issues are highly fact-specific. See Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015).

Common Defenses You Should Expect

• Open and obvious condition (no duty to warn) (Austin).
• No actual or constructive knowledge of the hazard, including arguments that the condition existed only briefly (Reece).
• Not unreasonably dangerous (e.g., commonplace flooring conditions) (CMH Homes).
• Comparative fault by the plaintiff (proportionate responsibility) (Tex. Civ. Prac. & Rem. Code ch. 33).
• Status-based duty arguments (licensee or trespasser rather than invitee) (Rosas).
• Independent contractor control or creation of the hazard, shifting responsibility (Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985)).

Comparative Fault in Texas

Texas applies proportionate responsibility. A plaintiff’s recovery can be reduced in proportion to their percentage of fault, and recovery is barred if the plaintiff is more than 50% responsible. See Tex. Civ. Prac. & Rem. Code § 33.001.

Evidence That Helps Win Premises Cases

Strong cases are built early. Helpful evidence includes: photos or video of the hazard and surrounding area; incident reports; surveillance footage; witness names and statements; employee training and inspection policies; cleaning or inspection logs; prior complaints or similar incidents; maintenance and repair records; weather data; and medical documentation linking the incident to your injuries.

Steps to Take After an Injury on Property

• Report the incident to the property owner or manager.
• Photograph the hazard, lighting, and any warning signs (or lack thereof).
• Identify witnesses and request that any video be preserved.
• Preserve footwear and clothing.
• Seek prompt medical care and follow treatment recommendations.
• Avoid giving recorded statements to insurers before speaking with counsel.
• Consult a Texas premises liability attorney as soon as possible to protect your rights and preserve evidence.

Businesses and Big Box Stores

Retailers must take reasonable steps to discover and remedy hazards. In spill cases, evidence that a foreign substance was on the floor long enough can establish constructive notice. Written policies, sweep logs, staffing patterns, and video often prove critical. In falling-merchandise cases, stacking practices, shelf restraints, and prior incidents matter. See Reece.

Inadequate Security and Lighting

For claims involving criminal acts by third parties, a plaintiff typically must show the owner knew or should have known of an unreasonable and foreseeable risk of criminal conduct and failed to take reasonable measures to reduce or eliminate that risk. Prior similar incidents, calls for service, and crime data may be relevant to foreseeability. See Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998); Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762 (Tex. 2010).

Governmental Property and Special Rules

Claims against governmental units involve additional requirements and limitations. The Texas Tort Claims Act governs many such claims and includes notice rules, damage caps, and exceptions to liability. See Tex. Civ. Prac. & Rem. Code ch. 101.

Deadlines and Notice

Most Texas personal injury claims have a two-year statute of limitations. See Tex. Civ. Prac. & Rem. Code § 16.003. For claims against governmental entities, the Texas Tort Claims Act generally requires notice within six months, and some local charters impose shorter deadlines. See Tex. Civ. Prac. & Rem. Code § 101.101. Deadlines can vary by facts and the defendant’s identity—consult counsel promptly.

How an Attorney Strengthens Your Claim

An experienced premises liability attorney can investigate quickly; send preservation letters; secure video and incident data; retain experts (human factors, safety, or security); analyze inspection and maintenance practices; address comparative fault arguments; and present damages through medical records and expert testimony as appropriate.

FAQ

What compensation can I recover in a Texas premises case?

Economic damages (medical bills, lost wages) and non-economic damages (pain, impairment). Punitive damages require proof of gross negligence and are subject to caps.

Do warning signs defeat my claim?

Not always. A warning must be reasonable and effective under the circumstances, and owners may still need to remedy the hazard.

What if I was partly at fault?

Texas proportionate responsibility reduces your recovery by your percentage of fault and bars recovery if you are more than 50% at fault.

How long do I have to file?

Generally two years from the date of injury; governmental entities may require earlier notice.

Get a Case Evaluation

If you were injured on Texas property, we are here to help. Contact us for a free case evaluation. We can assess your status on the property, the owner’s knowledge of the hazard, potential defenses, and your path to full compensation.