Best Premises Liability Lawyers in Texas

About Premises Liability Law in Texas, United States

Premises liability law in Texas deals with the legal responsibility that property owners and occupiers have for accidents and injuries that occur on their property. This area of law holds individuals or entities accountable for ensuring that their property is reasonably safe for visitors. When someone is injured due to unsafe conditions, the injured party may have the right to seek compensation from the property owner or manager under premises liability principles.

Common premises liability cases include slip and fall accidents, injuries from falling objects, dog bites, hazardous conditions such as broken stairs or unmaintained walkways, and accidents involving swimming pools. In Texas, whether the property owner is held liable will typically depend on the relationship of the injured party to the property and the circumstances of the incident.

Why You May Need a Lawyer

There are several situations in which someone may need legal help for a premises liability issue in Texas. Common scenarios include claims for injuries sustained on someone else’s property, such as in grocery stores, offices, apartment complexes, private homes, or public places. You may need a lawyer if:

• You were seriously injured due to unsafe conditions on another person’s property
• The property owner or their insurance company disputes your claim
• You are unsure who is responsible for your injuries
• You are being blamed for your own injury
• You need help understanding the value of your claim or negotiation with insurance adjusters
• You face challenges in gathering evidence or proving negligence

An experienced premises liability lawyer can help you navigate the claims process, protect your rights, evaluate your damages, and advocate for the compensation you deserve.

Local Laws Overview

Texas premises liability law pays special attention to the status of the person entering the property. Texas recognizes three categories of visitors: invitees, licensees, and trespassers.

• Invitees are those who enter the property for the mutual benefit of themselves and the property owner, usually for business purposes. The property owner owes the highest duty of care to invitees to inspect for and repair dangerous conditions or warn of known hazards.
• Licensees are social guests or those on the property with permission, but not for business dealings. Property owners must warn licensees of known dangers that may not be apparent.
• Trespassers enter a property without permission. In most cases, the owner only owes a minimal duty not to willfully harm them, with special exceptions for children under the “attractive nuisance” doctrine (such as unfenced swimming pools).

To succeed in a premises liability claim in Texas, the injured party usually must show:

• The property owner knew or should have known about the unsafe condition
• The condition posed an unreasonable risk of harm
• The owner failed to take proper steps to address the risk
• The unsafe condition caused the injury

Frequently Asked Questions

What types of accidents fall under premises liability in Texas?

Common cases include slip and falls, trips over uneven flooring, inadequate lighting, dog bites, swimming pool accidents, falling objects, elevator or escalator malfunctions, and violent acts due to negligent security.

Can I file a claim if I was partially at fault?

Yes. Under Texas law, you can still recover damages if you were less than 51 percent at fault. However, your compensation will be reduced by your percentage of responsibility.

How long do I have to file a premises liability lawsuit in Texas?

Generally, you have two years from the date of the injury to file a lawsuit. This is known as the statute of limitations. Failing to file within this period usually means you lose your right to seek damages.

What do I need to prove to win a premises liability case?

You need to show that there was a dangerous condition on the property, that the property owner knew or should have known about it, that it caused your injury, and that you suffered damages as a result.

Are property owners always liable for injuries on their property?

No. The injured person must usually prove negligence. If the danger was open and obvious, or if the owner could not reasonably have known about it, the claim may be denied.

Does premises liability apply to both private and commercial properties?

Yes. Premises liability applies to all types of properties, including private residences, retail stores, restaurants, apartment buildings, hotels, and public facilities.

What is the attractive nuisance doctrine?

The attractive nuisance doctrine holds property owners responsible for injuries to children caused by hazardous conditions on their property that might attract children, such as swimming pools, trampolines, or abandoned vehicles.

What if I was injured at work on someone else’s property?

If you are injured while working on property owned by someone other than your employer, you might have a premises liability claim against the property owner in addition to any workers’ compensation claim you may have through your employer.

How is compensation determined in premises liability cases?

Compensation can include medical expenses, lost wages, pain and suffering, and other damages. The amount depends on the severity of your injury and the degree of negligence involved.

Do I need to hire a lawyer for a premises liability case?

While not legally required, it is strongly recommended. Premises liability law can be complex, and a lawyer can help gather evidence, prove negligence, deal with insurance companies, and advocate for the compensation you deserve.

Additional Resources

For more information or assistance with premises liability issues in Texas, the following organizations and resources may be helpful:

• Texas State Bar - Lawyer Referral and Information Service
• Texas Department of Insurance - Consumer Protection Division
• Texas Attorney General’s Office - Consumer Protection
• Local Legal Aid Societies (such as Texas RioGrande Legal Aid or Lone Star Legal Aid)
• County Courts and local justice centers for small claims procedures
• Medical providers and social workers for support after an injury

Next Steps

If you believe you have a premises liability claim in Texas, consider taking the following steps:

• Seek medical attention for your injuries as soon as possible
• Report the incident to the property owner or manager, and document the conditions that caused your injury (including photos and witness contact information if available)
• Keep records of all medical fees, lost income, and other losses related to your injury
• Consult with a lawyer who focuses on premises liability cases in Texas to evaluate your claim and discuss your options
• Act promptly, as legal deadlines may limit your right to recover damages

An experienced lawyer can help protect your rights and ensure you take the proper steps toward obtaining fair compensation for your injuries.