Home/Practice Areas/Personal Injury/Premises liability

Premises liability

A property owner is not automatically responsible because you were hurt on their property. The case turns on what they knew, and how long the danger had been sitting there.

Personal Injury

The question is always notice.

In a Texas premises case, the injured person generally has to show that the owner or occupier knew about the dangerous condition, or that it had existed long enough that a reasonable owner would have found and fixed it. That is why these claims are won or lost on evidence that ages badly: surveillance video, inspection and sweep logs, maintenance tickets, and prior complaints about the same hazard.

Stores retain camera footage for weeks, not years, and incident reports written by a manager on the day tend to describe the scene very differently once a lawsuit exists. A preservation letter early is worth more than argument later.

Your legal status on the property changes the duty owed

  • Invitee. A customer or anyone there for the owner's benefit. The highest duty: the owner must inspect for hazards and make them safe or warn about them.
  • Licensee. A social guest. The owner must not injure them wilfully and must warn of dangers the owner actually knows about.
  • Trespasser. A limited duty not to injure wilfully or wantonly, with a separate and stronger rule where children and attractive nuisances are involved.

Cases we handle

Slip and fall

Wet floors, spills left unattended, transitions and unmarked level changes in stores, restaurants and parking garages.

Read more →

Negligent security

Assaults and robberies at apartment complexes, hotels and lots where broken gates, dead lighting and a history of crime were on record.

Structural failures

Collapsing stairs, balconies and railings, and injuries from deferred maintenance in rental property.

Dog bites and animal attacks

Attacks on rental property and in public areas, including claims against the owner and, where applicable, the property manager.

Trip and fall

Uneven sidewalks, potholes, raised thresholds, cluttered walkways and cables run across a floor where people walk.

Falling objects

Merchandise or stock falling from shelves, and objects dropped from scaffolding or upper levels.

Elevator and escalator incidents

Malfunctions, sudden stops and mislevelling, where maintenance records usually tell the story.

Swimming pool incidents

Drownings and injuries where fencing, gates, depth markings or supervision failed.

What a property owner is supposed to do

  • Conduct regular inspections rather than waiting for a complaint.
  • Correct known dangers promptly.
  • Provide clear warnings where a hazard cannot be corrected immediately — cones, signs, a barrier, someone standing there.
  • Keep safety equipment working: handrails, lighting, locks, gates and alarms.

A claim is usually proved by showing which of these did not happen, and for how long.

What these claims cover

Emergency and ongoing medical treatment, physical therapy and rehabilitation, and the future care your physicians say is needed — supported by expert opinion where the injury is serious. Lost wages, and the inability to return to the work you did. Pain and suffering, emotional distress, permanent disability or scarring, and the loss of enjoyment of life, which is its own recognised category of damage in Texas and frequently the largest one.

What to do if you are hurt on someone's property

Report it before you leave and insist that an incident report is made. Photograph the hazard itself, from several angles, and the shoes you were wearing. Get names and numbers of witnesses, including employees. Ask whether the area is on camera. Then get medical attention the same day — the gap between the fall and the first medical record is the defence's favourite exhibit.

What it costs

Injury cases are handled on a contingency fee: nothing to talk to us, nothing upfront, and the firm is paid out of the recovery. If there is no recovery there is no fee. The percentage and how case expenses are handled are in writing before you sign anything.

Common questions

Is a property owner automatically responsible if I am hurt on their property?

No. The claim generally depends on showing the owner knew about the dangerous condition, or that it had been there long enough that they should have found it.

What is the most important evidence in these cases?

Surveillance footage, inspection or sweep logs, incident reports and prior complaints about the same hazard — all of which are kept only for a limited time.

Does it matter why I was on the property?

Yes. Texas law owes different duties to customers, social guests and trespassers, and your status shapes what has to be proved.

The store says the hazard was obvious.

That is a real defence and not the end of the case. What was actually visible, how the area was lit, and what was drawing your attention all matter.

What should I do immediately after falling in a business?

Report it before you leave, insist on an incident report, photograph the hazard and the area, get witness details, and see a doctor the same day.

They asked me to sign something at the scene.

Report the incident, but do not sign a statement or a release until it has been reviewed. Their version written in their words is not your account.

I fell at the apartment complex where I live.

A landlord still owes duties for common areas and for conditions they are required to maintain. Your lease and any written maintenance requests become important evidence.

Does it matter that I did not report it that day?

It is a hurdle rather than a bar. Report it in writing now, get medical attention, and be consistent from here.

What kinds of premises cases do you handle?

Slip and fall, negligent security, structural failures, dog attacks, swimming pool incidents and injuries caused by deferred maintenance.

Will I have to sue the property owner personally?

Usually the claim is against a business and its insurer rather than an individual, and most resolve without a trial.

Free Consultation

Tell us what happened. We will tell you where you stand.

Available 24/7 · Office hours Monday to Friday, 9:00 AM – 5:00 PM