Skip to Content
Top

Texas Premises Liability Attorneys

Trial-Tested Representation for Injured Texans

Hilliard Law has represented Texas injury clients since 1985, and our premises liability record speaks for itself. In 2013, Hilliard Law secured a $25 million jury verdict in Nueces County for a security guard beaten at a Corpus Christi building — one of the top five Texas workplace-injury verdicts from 2010 to 2013, according to Texas Lawyer magazine's Verdicts Hall of Fame. When a case needs to go to trial, we are ready to take it there.

Our team has fought for people injured on unsafe properties across Texas and throughout the United States and Mexico. Property owners and their insurers move quickly to limit their exposure. We move faster to build the case that puts you in the strongest possible position.

Our Texas premises liability lawyers have secured significant verdicts and settlements in cases including:

  • Record-breaking jury verdict for the widow of a man who died after falling through a roof when his employer asked him to replace a skylight, including $10 million in punitive damages
  • Jury verdict (2011, third-highest Texas verdict, premises liability) for a 90-year-old woman who suffered a crushed hip when she was caught in a hospital's sliding door
  • Confidential settlement for an oil field worker whose lower leg had to be amputated after it was hit by equipment positioned too close to an access ladder
  • Jury verdict awarding compensation to a wind farm worker who sustained broken bones and a serious head injury after falling 20 feet because of a defective weld
  • Jury verdict awarding compensation to a Texas Department of Corrections prisoner who was stabbed 13 times; a contributing factor was the prison's defective cell door system that allowed prisoners to leave their cells at will

Call (866) 927-3420 or fill out our online contact form to schedule a free initial consultation.

What Is Premises Liability?

Premises liability holds property owners and occupiers responsible for injuries caused by dangerous or defective conditions on their property. In Texas, a property owner who knew or should have known about a hazard and failed to correct it or warn of it can be held legally responsible for the resulting harm.

Common hazards that give rise to claims 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

Common Types of Premises Liability Cases in Texas

Premises liability cases arise in businesses, private homes, public spaces, and government-owned properties across Texas. Hilliard Law handles all of the following case types:

  • Slip and fall accidents: Among the most frequent premises liability claims, these often involve spilled liquids, freshly mopped floors without warning signs, icy or uneven walkways, and loose rugs.
  • Trip and fall accidents: Injuries from uneven pavement, torn carpeting, broken stairs, or unexpected elevation changes.
  • Negligent security cases: A property owner who fails to provide adequate lighting, locks, surveillance, or security personnel may be liable for assaults, robberies, or violent crimes on the premises.
  • Dog bites and animal attacks: Texas property owners can be held responsible when their animal attacks a visitor, particularly when the animal had a known history of aggression or the owner failed to restrain it.
  • 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 falling from shelves in stores or warehouses can cause severe head, neck, or back injuries.

Texas Premises Liability Laws

Texas law classifies injured visitors into three categories, and the duty of care owed by the property owner depends on which category applies.

  • Invitees (such as customers in a store) are owed the highest duty of care. Property owners must actively inspect, repair dangerous conditions, and warn of known hazards.
  • Licensees (such as a social guest at a private home) are owed a duty to warn of known dangers that are not otherwise obvious.
  • Trespassers are generally owed no duty of care, with one important exception: the attractive nuisance doctrine protects children who trespass because of a feature that draws their attention, such as a swimming pool or trampoline.

Texas follows modified comparative fault under Chapter 33 of the Civil Practice and Remedies Code. A plaintiff's compensation is reduced by their percentage of fault, and a plaintiff found more than 50% at fault is barred from recovery entirely. The statute of limitations for premises liability claims is two years from the date of injury under Texas Civil Practice and Remedies Code Section 16.003. Claims against government entities follow stricter rules, including shorter notice-of-claim windows, so acting promptly is critical.

When Is a Texas Property Owner Liable?

To establish liability in a Texas premises liability case, four elements must 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 the injury, and the claimant suffered actual damages

Our team conducts thorough investigations, gathering surveillance footage, witness statements, and maintenance records to build a strong liability argument. Evidence in these cases can disappear quickly: surveillance footage gets recycled, and maintenance records can be altered. Acting promptly matters.

Compensation Available in Texas Premises Liability Cases

If you were injured due to unsafe conditions on someone else's property, you may be entitled to recover both economic and non-economic damages, 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 premises liability lawyers at Hilliard Law evaluate the full extent of your damages and pursue compensation on your behalf.

Frequently Asked Questions

Can I still recover damages if I was partly at fault for my fall?

Yes. Under Texas's modified comparative fault rule, you can still recover damages in a premises liability case as long as you were not more than 50% at fault. Your compensation will be reduced by your percentage of fault. For example, if you were found 30% at fault, your recovery would be reduced by 30%.

Who can be held liable — the property owner, a tenant, or a business operator?

Liability depends on who had control over the area where the injury occurred. Property owners are typically responsible for maintaining common areas, while tenants or business operators may be responsible for hazards within the space they control. In some cases, more than one party can share liability.

What if I was injured due to inadequate security at a business or apartment complex?

Property owners and operators have a duty to provide reasonable security measures, such as adequate lighting, functioning locks, or security personnel, particularly in areas with a history of criminal activity. If inadequate security contributed to an assault or injury, you may have a premises liability claim against the property owner or management company.

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 premises liability attorney Texas residents trust can help you understand 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 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. 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, the severity of injuries, and whether a settlement can be reached. Some cases resolve in months, while others require litigation and take longer.

How Much Does It Cost to Hire Hilliard Law?

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

Do Premises Liability Laws Apply to Both Commercial and Residential Properties?

Yes. The rules vary by property type: a landlord may be responsible for maintaining common areas in an apartment complex, while a homeowner may not be liable if a guest ignores clear warnings about a known hazard. The level of responsibility depends on the specific circumstances.

What If I Were Injured in a Public Place or Government Building?

Claims against government entities follow stricter rules than standard premises liability cases. Contact a premises liability lawyer promptly to protect your right to file.

What Should I Do After a Premises Liability Accident in Texas?

Seek medical attention immediately, even if injuries seem minor. Report the incident to the property owner or manager and request a copy of any incident report. Photograph the scene, your injuries, and any hazards involved. Gather witness contact information, avoid making statements that could be used against you, and contact a premises liability lawyer as soon as possible.

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.

Real Results Real Justice

  • $25
    Million Verdict
    Negligent Security

    In May 2013, Mr. Hilliard was the lead trial attorney who obtained a $25 million jury verdict in a premises liability case in Nueces County, Texas. His client, a security guard for a downtown Corpus Christi building, was severely beaten while at work.

  • $18
    Million Verdict*
    Wrongful Death

    After only 3 days of trial, a San Patricio County, Texas jury returned a record-breaking $18 million verdict, including $10 million in punitive damages, on behalf of our client, the widow of a trucker and handyman, who died after falling through a roof.

  • $10
    Million Settlement
    Catastrophic Injury

    While working at a chemical facility, our client was instructed by the owner to climb to the top of a vessel to install spacers on a pipe when he was suddenly and without warning exposed to high concentrations of deadly chemical gases, including carbon monoxide, nitrogen, hydrogen, and hydrogen sulfide.

  • $6.4
    Million Verdict
    Hip Injury

    As lead trial lawyer, Mr. Hilliard successfully represented a 90-year-old Corpus Christi woman who was injured when a hospital’s sliding door closed on her, crushing her hip.

  • $2
    Million Settlement
    Child Injury

    In 2018, Hilliard Law attorneys achieved a $2,000,000 settlement with a child daycare center for failure to render lifesaving aid to a child in distress.

Case results depend upon a variety of factors unique to each case. Not all results are provided, and not every case handled by the firm is featured. Past results do not guarantee or predict a similar outcome.

How Hilliard Law Builds a Premises Liability Case

Our approach to premises liability starts before any courtroom appearance. We investigate the scene, secure surveillance footage before it is overwritten, obtain maintenance and inspection records, and identify every party who may share liability. We also work with expert witnesses to establish what the property owner knew, when they knew it, and what a reasonable owner would have done differently.

Property owners and their insurers retain experienced defense teams whose goal is to minimize what you recover. We prepare every premises liability case for trial, which changes the dynamic in settlement negotiations and signals to opposing counsel that delay and lowball offers may not work. That posture is backed by a real track record: a $25 million jury verdict in 2013 ranked No. 1 for premises liability in Texas that year, alongside multiple other significant verdicts in cases involving falls, security failures, and defective conditions.

Bob Hilliard holds dual board certifications from the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law, credentials held by a small fraction of Texas attorneys. Our trial team brings over 100 years of combined experience, and multiple attorneys have earned recognition as Super Lawyers and Rising Stars. We represent clients throughout Texas and across the United States and Mexico, handling complex cases at every level. When you work with our premises liability lawyer Texas team, you get a trial-ready partner focused on pursuing the compensation you may be entitled to recover.

Real Clients. Real Stories. Real Justice. Tell Us Your Story

It’s our mission to hold the powerful accountable for their wrongdoing. Reach out to our team immediately regarding your case to schedule a free attorney consultation today.