Hurt on Unsafe Property? Texas Premises Liability Quick Tips

What Is Texas Premises Liability?

Premises liability is a negligence-based claim for injuries caused by unsafe conditions on property. In Texas, the duty a property owner or occupier owes depends on your legal status (invitee, licensee, or trespasser). Courts focus on whether there was a dangerous condition, whether the owner knew or should have known about it, and whether reasonable steps were taken to make it safe or warn. See discussion in Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015).

Common Hazardous Conditions

• Wet or slippery floors
• Uneven sidewalks, broken flooring, loose steps or handrails
• Poor lighting or hidden drop-offs
• Debris, cords, or clutter in walkways
• Falling merchandise or fixtures
• Unsecured dogs or animals
• Insufficient security where criminal acts were foreseeable
• Unsafe pools or play areas

Your Legal Status Matters

Texas law distinguishes among:

• Invitees (e.g., customers): Owners generally must use ordinary care to keep the premises reasonably safe, which can include inspecting, fixing hazards, or providing adequate warnings. See Austin v. Kroger.
• Licensees (e.g., social guests): Owners must warn of dangers the owner actually knows about that are not open and obvious.
• Trespassers: Owners generally owe a limited duty not to cause willful, wanton, or grossly negligent harm. Special rules may protect children around artificial conditions (often called the attractive nuisance doctrine).

What You Must Prove

While specifics vary by facts and status, premises liability claims typically require proof that: (1) a condition on the premises posed an unreasonable risk of harm; (2) the owner or occupier knew or, in some circumstances, should have known of the condition; (3) the owner failed to use ordinary care to reduce or eliminate the risk (by making the condition safe or providing an adequate warning); and (4) that failure proximately caused your injury and damages. See principles discussed in Austin v. Kroger.

Open and Obvious Dangers

Texas courts generally hold there is no duty to warn of hazards that are open and obvious or already known to an invitee, which can limit recovery. Narrow, fact-specific circumstances may affect this analysis. See Austin v. Kroger.

Comparative Fault Can Reduce Recovery

Texas follows proportionate responsibility. Your compensation is reduced by your percentage of responsibility, and if you are more than 50% at fault, you cannot recover damages. See Tex. Civ. Prac. & Rem. Code § 33.001. Disputes often involve footwear, warning signs, ignoring barriers, distraction (e.g., phone use), or alcohol or drug use.

Evidence to Preserve Right Away

• Photograph the hazard and surrounding area (lighting, weather, warning signs).
• Save the shoes and clothing you wore.
• Collect names and contact information of witnesses.
• Request that the business preserve surveillance video and maintenance logs.
• Report the incident in writing and ask for a copy of any incident report.
• Seek prompt medical care and follow treatment recommendations.

Medical Care and Documenting Damages

Get evaluated even if pain seems minor. Keep records of diagnoses, imaging, prescriptions, out-of-pocket costs, and missed work. Maintain a journal of pain and activity limits. These help connect the hazard to your injuries and quantify damages (medical bills, lost wages, pain and suffering).

Dealing With Insurance and Statements

Insurers may call quickly. Be cautious with recorded statements or broad medical authorizations. Provide only necessary facts, avoid speculation about fault, and consider speaking with counsel before giving detailed statements.

Special Considerations for Criminal Acts

Claims involving assaults, robberies, or other crimes can raise negligent security issues. Key questions include whether similar crimes were foreseeable, what security measures existed, lighting and camera coverage, and access control. Report crimes to law enforcement promptly.

Government or Public Property

Claims against government entities follow special notice and immunity rules. In Texas, written notice is generally required within six months unless a city charter sets a shorter deadline, and damages are capped by statute. See Tex. Civ. Prac. & Rem. Code § 101.101 (notice) and § 101.023 (damages caps).

Quick Tips After an Injury

• Photograph the area and hazard immediately, if safe to do so.
• Report the incident in writing and request an incident report.
• Ask that surveillance video and maintenance logs be preserved.
• Seek medical evaluation and follow through with care.
• Keep all receipts, wage records, and correspondence.
• Avoid social media posts about the incident.
• Consult a Texas premises liability attorney as soon as possible.

Deadlines and Time Limits

Most Texas personal injury claims must be filed within two years of the injury. See Tex. Civ. Prac. & Rem. Code § 16.003. Shorter written-notice deadlines can apply to government claims. Act promptly to protect your rights.

How a Lawyer Can Help

An attorney can identify responsible parties, secure evidence, work with experts (e.g., building codes, human factors, security), evaluate damages, manage insurer communications, and file suit when needed. Early involvement helps preserve critical surveillance and maintenance records. Contact us to discuss your situation.

FAQs

Do I have a case if there was a warning sign?

Maybe. A generic sign does not excuse an unreasonably dangerous condition if the warning was inadequate under the circumstances or the hazard should have been remedied.

What if I was looking at my phone when I fell?

Your recovery may be reduced under proportionate responsibility if you were partly at fault, but you may still recover damages unless you are more than 50% responsible.

How do I prove the owner knew about the hazard?

Evidence can include inspection logs, employee testimony, prior complaints, the length of time a spill existed, surveillance video, or recurring conditions.

Can I sue if I was injured at a friend’s house?

Yes, but duties differ for licensees. Owners typically must warn of dangers they actually know about that are not open and obvious.

What if a crime caused my injury on the property?

You may have a negligent security claim if the criminal act was foreseeable and reasonable security measures were not taken.

Talk to a Texas Injury Lawyer

Get clear answers about your rights and next steps. Contact our firm for a free, no-obligation consultation.

Sources

• Texas Civil Practice and Remedies Code Chapter 33 (Proportionate Responsibility) (accessed Nov. 5, 2025)
• Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015) (accessed Nov. 5, 2025)
• Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101) (accessed Nov. 5, 2025)
• Tex. Civ. Prac. & Rem. Code § 16.003 (Limitations for Personal Injury) (accessed Nov. 5, 2025)

Disclaimer

This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a licensed Texas attorney about your situation.

Last reviewed: 2025-11-05