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Holding Property Owners Accountable for Unsafe Conditions

When you're injured on someone else's property due to unsafe conditions or negligence, the property owner may be legally responsible for your damages. Our experienced premises liability attorneys help injured victims throughout Texas and nationwide recover the compensation they deserve for slip and fall accidents, inadequate security, and other property-related injuries.

⚠️ Act Quickly: Texas has a two-year statute of limitations for premises liability claims, but government property claims may require notice within 45-90 days. Contact our experienced premises liability attorneys today for a free consultation to protect your legal rights.Texas Premises Liability Lawyer | Texas Nationwide Liability Lawyer

Understanding Premises Liability Law in Texas

Premises liability law holds property owners responsible for maintaining safe conditions on their property. In Texas, property owners have a legal duty to keep their premises reasonably safe and warn visitors of known hazards. When they fail in this duty and someone is injured as a result, they can be held liable for damages.

Legal Elements of a Premises Liability Case

To succeed in a Texas premises liability case, you must prove four essential elements:

  1. Duty of Care: The property owner owed you a legal duty based on your visitor status
  2. Breach of Duty: The owner failed to maintain safe conditions or warn of hazards
  3. Causation: The dangerous condition directly caused your injury
  4. Damages: You suffered actual harm and losses

Types of Visitors and Duties Owed

Texas law classifies property visitors into three categories, each with different levels of protection:

Invitees (Highest Protection):

  • Customers in stores, restaurants, or businesses
  • Patients in medical facilities
  • Hotel guests and event attendees

Duty Owed: Property owners must inspect the premises, identify dangers, and either fix hazards or provide adequate warnings

Licensees (Moderate Protection):

  • Social guests and friends visiting homes
  • People with permission but no business purpose

Duty Owed: Property owners must warn of known dangers but don't have to inspect for hidden hazards

Trespassers (Limited Protection):

  • People without permission to be on the property

Duty Owed: Property owners must only refrain from willful or grossly negligent harm

Common Types of Premises Liability Cases

Slip and Fall Accidents

The most common type of premises liability case, involving:

  • Wet or slippery floors
  • Uneven surfaces and broken walkways
  • Poor lighting in stairwells or parking areas
  • Ice and snow accumulation
  • Defective stairs or handrails

Learn more about essential steps to take after a slip and fall accident.

Inadequate Security

When property owners fail to provide reasonable security measures:

  • Assaults in parking lots or buildings
  • Criminal attacks due to broken locks or lighting
  • Insufficient security personnel
  • Failure to control access to property

Structural Defects and Maintenance Issues

Injuries caused by poor property maintenance:

  • Falling objects or building materials
  • Collapsed structures or defective construction
  • Broken elevators or escalators
  • Defective doors, windows, or fixtures

Swimming Pool Accidents

Special liability rules for pool-related injuries:

  • Drowning incidents
  • Slip and fall around pool areas
  • Inadequate fencing or safety measures
  • Chemical exposure or equipment malfunction

Dog Bites and Animal Attacks

When property owners fail to control dangerous animals:

  • Dog bite injuries on residential property
  • Animal attacks due to inadequate restraint
  • Exotic or wild animal incidents

Proving Negligence in Texas Premises Liability Cases

Knowledge Requirements

Actual Knowledge: The property owner knew about the dangerous condition

  • Witness testimony of complaints or reports
  • Maintenance records showing awareness
  • Previous incidents in the same area
  • Direct observation by staff or management

Constructive Knowledge: The property owner should have known about the danger

  • The condition existed long enough that reasonable inspection would have discovered it
  • Regular inspection schedules were not followed
  • The hazard was obvious or recurring

Common Dangerous Conditions

Indoor Hazards:

  • Spilled liquids not cleaned promptly
  • Torn or bunched carpeting
  • Inadequate lighting in hallways or stairwells
  • Defective flooring or tiles
  • Obstacles in walkways

Outdoor Hazards:

  • Icy or snowy conditions
  • Potholes in parking lots
  • Broken concrete or pavement
  • Inadequate drainage causing water accumulation
  • Poor lighting in parking areas

Understanding the "Open and Obvious" Defense

Important Legal Development: Recent Texas Supreme Court decisions have strengthened the "open and obvious" defense, making some premises liability cases more challenging to win.

When Property Owners May Not Be Liable

Property owners may avoid liability if they can prove:

  • Open and Obvious Danger: A reasonable person should have seen and avoided the condition
  • Known Risk: The injured person was aware of the dangerous condition
  • Misuse of Property: The injury resulted from using the property in an unintended way

Exceptions to the Defense

Even with open and obvious conditions, liability may still exist when:

  • Necessary Use: The person had no reasonable alternative but to encounter the danger
  • Distraction: Circumstances reasonably diverted attention from the obvious hazard
  • Heightened Duty: Special circumstances create additional responsibilities

Recoverable Damages in Premises Liability Cases

Economic Damages

  • Medical Expenses: Current and future treatment costs
  • Lost Wages: Income lost due to injury and recovery time
  • Reduced Earning Capacity: Long-term impact on ability to work
  • Property Damage: Damaged clothing, personal items, or equipment
  • Rehabilitation Costs: Physical therapy and occupational therapy

Non-Economic Damages

  • Pain and Suffering: Physical discomfort and emotional distress
  • Mental Anguish: Anxiety, depression, and psychological impact
  • Loss of Enjoyment: Inability to participate in activities you previously enjoyed
  • Disfigurement: Permanent scarring or physical changes
  • Loss of Companionship: Impact on relationships with family

Punitive Damages

In cases involving gross negligence or intentional misconduct:

  • Willful Negligence: Property owner deliberately ignored known dangers
  • Gross Negligence: Extreme departure from reasonable care standards

Comparative Fault in Texas

Texas follows a modified comparative negligence rule: You can still recover damages even if you were partially at fault, as long as your responsibility is less than 51%.

How It Works

  • If you're 30% at fault and have $100,000 in damages, you can recover $70,000
  • If you're 51% or more at fault, you cannot recover anything
  • Common comparative fault scenarios include not paying attention, ignoring warnings, or wearing inappropriate footwear

Special Considerations for Government Property

Shorter Deadlines for Government Claims

  • City Property: Often 45-90 days notice requirement
  • County Property: Varies by jurisdiction
  • State Property: Up to 6 months under Texas Tort Claims Act
  • Federal Property: Different rules under Federal Tort Claims Act

Governmental Immunity Limitations

  • Limited liability compared to private property owners
  • Different duty standards may apply
  • Sovereign immunity exceptions must be met

The Claims Process: What to Expect

Immediate Steps After an Accident

  1. Seek Medical Attention: Document injuries and get proper treatment
  2. Report the Incident: Notify property owner or manager immediately
  3. Document Everything: Take photos, get witness information
  4. Preserve Evidence: Keep clothing and personal items from the incident
  5. Avoid Statements: Don't admit fault or give detailed statements to insurance

Investigation Phase

  • Scene inspection and evidence gathering
  • Medical record collection and review
  • Witness interviews and statements
  • Expert consultation for complex cases
  • Review of property maintenance records

Settlement Negotiations

  • Insurance claim filing and documentation
  • Demand letter preparation
  • Negotiation with insurance adjusters
  • Mediation or alternative dispute resolution
  • Trial preparation if settlement cannot be reached

Insurance Coverage for Premises Liability

Common Types of Coverage

  • Commercial General Liability: Covers business properties
  • Homeowner's Insurance: Protects residential property owners
  • Umbrella Policies: Additional coverage beyond basic limits
  • Municipal Liability: Coverage for government entities

Dealing with Insurance Companies

Insurance companies often try to minimize payouts by:

  • Claiming the danger was open and obvious
  • Arguing you were trespassing or at fault
  • Disputing the extent of your injuries
  • Offering quick, low settlement amounts

Learn more about insurance company tactics and how to protect yourself.

Frequently Asked Questions

What is premises liability in Texas?

Premises liability in Texas refers to the legal responsibility of property owners to maintain safe conditions on their property. When property owners fail to address dangerous conditions and someone is injured as a result, they can be held liable for damages.

What must be proven in a Texas premises liability case?

In Texas, you must prove: 1) The property owner owed you a duty of care, 2) They breached that duty by failing to maintain safe conditions, 3) The breach directly caused your injury, and 4) You suffered actual damages as a result.

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

Texas has a two-year statute of limitations for premises liability claims. However, if the property is government-owned, you may have as little as 45-90 days to file a notice of claim, depending on the jurisdiction.

Can I still recover damages if I was partially at fault?

Yes, under Texas comparative negligence law, you can recover damages as long as you were less than 51% responsible for the accident. Your recovery will be reduced by your percentage of fault.

What types of damages can I recover?

You may recover medical expenses, lost wages, pain and suffering, emotional distress, future medical costs, and in some cases, punitive damages. The specific damages depend on the circumstances of your case.

Do I need a lawyer for my premises liability case?

While not required, premises liability cases in Texas are complex and often involve significant investigation and legal expertise. An experienced attorney can help maximize your recovery and protect your rights.

What if the dangerous condition was "open and obvious"?

Recent Texas Supreme Court decisions have strengthened this defense, but exceptions exist. Even obvious dangers may result in liability under certain circumstances, such as when you had no reasonable alternative but to encounter the hazard.

How much compensation can I expect?

Compensation varies widely based on injury severity, medical costs, lost income, and other factors. Our attorneys can evaluate your specific case and provide realistic expectations during a free consultation.

What should I do immediately after a premises liability accident?

Seek medical attention, report the incident to the property owner, document the scene with photos, gather witness information, and contact an experienced premises liability attorney as soon as possible.

Does homeowner's insurance cover premises liability claims?

Most homeowner's and commercial property insurance policies include premises liability coverage. However, coverage limits and exclusions vary, which is why professional legal representation is important.

Experienced Legal Representation

T. Micah Dortch and our legal team bring extensive experience to every premises liability case. With over 1,000 federal and state court matters as lead trial counsel, we understand the complexities of Texas premises liability law and how to build compelling cases that hold negligent property owners accountable.

We work on a contingency fee basis—you pay no attorney fees unless we recover compensation for your case.

Why Choose Dortch Lindstrom Livingston Law Group?

Proven Track Record

  • Extensive experience in premises liability litigation
  • Success in complex slip and fall cases
  • Understanding of Texas property owner duties and defenses
  • Experience with both private and government property claims

Comprehensive Case Development

  • Thorough investigation and evidence gathering
  • Expert witness consultation when needed
  • Medical professional collaboration for injury documentation
  • Aggressive negotiation with insurance companies

Client-Focused Service

  • Free initial consultation and case evaluation
  • No fees unless we win your case
  • Personal attention from experienced attorneys
  • Clear communication throughout the legal process

Related Practice Areas

If your injury involved specific circumstances, you may also benefit from our related legal services:

Additional Resources

Were You Injured On Someone Else's Property Due To Negligence? 

If you've been injured due to the negligence of others, you should speak with an experienced Texas personal injury lawyer as soon as possible. Contact us online or call 833.355.3476 to schedule your free consultation. We are proud to help Texas residents throughout Plano, Houston and the surrounding areas, as well as nationwide, fight to hold those who caused your personal injury accountable. 

T. Micah Dortch
T. Micah Dortch
With more than 1,000 federal & state court matters as lead trial counsel, he has worked on many notable cases.