Texas Premises Liability Attorneys

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to dangerous or defective conditions. In Texas, premises liability law is a subset of personal injury law, and it applies when an accident happens because a property owner failed to maintain safe conditions, repair known hazards, or warn visitors of potential dangers.

Common hazards that can lead to a premises liability claim include:

• Wet or slippery floors
• Broken stairs or railings
• Poor lighting in hallways or parking lots
• Uneven sidewalks or flooring
• Falling objects
• Inadequate security
• Dog bites or animal attacks
• Exposed wires or hazardous chemicals

If the property owner knew (or should have known) about the dangerous condition and failed to correct it or provide a warning, they may be held legally responsible for the resulting injuries.

Common Types of Premises Liability Cases

Premises liability cases in Texas can arise in many different environments, including businesses, private homes, public spaces, and government-owned properties. Some of the most common types of premises liability claims that Hilliard Law handles include:

• Slip and fall accidents: These are among the most frequent premises liability claims. Slip and fall accidents often occur due to spilled liquids, freshly mopped floors without warning signs, icy or uneven walkways, and loose rugs.
• Trip and fall accidents: Trip and fall injuries may result from uneven pavement, torn carpeting, broken stairs, or unexpected elevation changes.
• Negligent security cases: If a property owner fails to provide adequate security measures, such as lighting, locks, surveillance cameras, or security personnel, they may be liable for assaults, robberies, or other violent crimes that occur on the premises.
• Dog bites and animal attacks: Texas property owners may be responsible if their dog or other animal attacks a visitor, especially if the animal has a known history of aggression or the owner failed to restrain it properly.
• Swimming pool accidents: Unsecured pools are especially dangerous for children. Property owners have a duty to take reasonable steps, such as installing fences and gates, to prevent accidental drownings or injuries.
• Falling objects: Merchandise or equipment that falls from shelves in stores or warehouses can cause severe head, neck, or back injuries.

Texas Premises Liability Laws

Texas premises liability laws are based on the legal status of the injured person at the time of the incident. The law generally recognizes three categories of visitors:

• Invitees: An invitee is someone who enters a property for the benefit of the property owner, such as a customer in a store. Property owners owe invitees the highest duty of care. They must actively inspect the property, fix dangerous conditions, and warn of known hazards.
• Licensees: A licensee is a social guest who enters the property for their own purposes or with permission, such as someone visiting a friend’s home. Property owners must warn licensees of any known dangers that are not obvious.
• Trespassers: A trespasser is someone who enters the property without permission. Generally, property owners do not owe a duty of care to trespassers, except in special circumstances, such as when children are involved (the “attractive nuisance” doctrine).

Texas also follows a modified comparative fault system. This means that if you are partially responsible for your own injury, your compensation may be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may be barred from recovering damages.

Additionally, Texas has a two-year statute of limitations for most personal injury and premises liability claims. This means you typically have two years from the date of the injury to file a lawsuit.

When is a Texas Property Owner Liable for Injuries on Their Property?

A Texas property owner may be liable for your injuries if the following elements can be proven:

• A dangerous condition existed on the property
• The property owner knew or reasonably should have known about the condition
• The owner failed to repair, remove, or warn about the hazard
• The dangerous condition directly caused your injury
• You suffered actual damages as a result

For example, if a grocery store employee notices a spill in an aisle but fails to clean it or place a warning sign, and a customer slips and breaks a bone, the store may be held responsible.

The attorneys at Hilliard Law will conduct a thorough investigation of your case, gather evidence such as surveillance footage, witness statements, and maintenance records, and build a strong argument for liability.

Compensation for Injured Guests or Patrons

If you were injured due to unsafe conditions on someone else’s property, you may be entitled to recover compensation for both your economic and non-economic losses, including:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation and physical therapy costs
• Permanent disability or disfigurement
• Out-of-pocket expenses

In cases involving extreme negligence or willful misconduct, punitive damages may also be available. Our Texas premises liability lawyer at Hilliard Law can evaluate the full extent of your damages and fight to secure maximum compensation.

Premises Liability Claim FAQs

How do I know if I have a premises liability case in Texas?

If you were injured on another person’s or business’s property due to unsafe conditions, you may have a valid claim. A consultation with a Texas premises liability lawyer can help determine your legal options.

Do I need proof that the property owner was negligent?

Yes, evidence is crucial. Photos, videos, medical records, witness statements, and incident reports can all help support your claim. Our legal team can assist in collecting and preserving this evidence.

What if the insurance company offers me a settlement?

Insurance companies often attempt to settle claims quickly and for less than their true value. It’s best to speak with a lawyer before accepting any offer.

How long does a premises liability case take in Texas?

The timeline depends on the complexity of the case, severity of injuries, and whether a settlement can be reached. Some cases resolve in months, while others may take longer if litigation is required.

How much does it cost to hire Hilliard Law?

We work on a contingency fee basis, which means you pay nothing upfront and owe us nothing unless we recover compensation for you.

Do premises liability laws apply to both commercial and residential properties?

Yes, premises liability laws apply to both commercial (stores, restaurants, offices) and residential (homes, apartments, rental properties) properties. However, different rules may apply depending on the property type. For example, a landlord may be responsible for maintaining common areas in an apartment complex, while a homeowner might not be liable if a guest ignores clear warnings about a known hazard. The level of responsibility varies.

What if I was injured in a public place, like a park or government building?

If you were injured in a public place like a park, sidewalk, or government building, you may still have a premises liability claim. However, filing a lawsuit against a government entity is more complicated and follows stricter rules. In Texas, you must file a notice of claim within a shorter time frame (sometimes as little as six months) and meet specific legal requirements.

What should I do after a premises liability accident in Texas?

After an accident, seek medical attention immediately, even if your injuries seem minor. Report the incident to the property owner or manager and request a copy of any incident report. Take photos of the scene, your injuries, and any hazards that contributed to the accident. Gather witness contact information and avoid making statements that could be used against you. Finally, contact a premises liability lawyer as soon as possible to discuss your legal options.

At Hilliard Law, our lawyers have been helping victims of personal injury since 1985. We know how to fight for you, so call (866) 927-3420 or contact us online today.