Texas Premises Liability Lawyer

Property Injury Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas

You were injured on someone else’s property — a store, an apartment complex, a restaurant, a parking lot, a hotel, a workplace. The injury wasn’t your fault. The property owner had a legal duty to keep the premises safe, and they failed. Now you’re dealing with serious medical bills, lost wages, and an insurance company already preparing to argue you should have seen the danger, you were trespassing, or the condition was “open and obvious.” Texas premises liability law gives you specific rights — but those rights depend on a single threshold question that most claimants don’t even know exists: were you legally an invitee, a licensee, or a trespasser? The answer determines what duty the property owner owed you and whether you can recover at all. We’ve recovered millions for Texas premises injury victims, and we know how to defeat the legal status arguments insurers use to deny valid claims.

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• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Already Working Against You After a Premises Injury

Premises liability claims start at a disadvantage that most claimants don’t see coming. By the time you’re searching for answers:

• The property owner’s insurance adjuster is already framing your legal status. They’re asking why you were on the property and what you were doing — because the answers determine whether they owe you anything at all under Texas law.
• Surveillance footage is being preserved selectively. Most retail and apartment surveillance is overwritten within 7-30 days. The footage that helps the property owner stays. Footage that helps you — showing the hazard before your fall, prior incidents, the time the spill occurred — often disappears unless a preservation letter arrives fast.
• Incident reports are being drafted to favor the property owner. Many “incident reports” are written by managers trained to document only what protects the business — not what actually happened.
• Maintenance and inspection logs are being scrutinized — and sometimes “lost.” Records showing the property owner knew about the hazard before your injury are some of the most valuable evidence in any premises case. They’re also the most likely to disappear.
• Witnesses are scattering. Customers, employees who quit, delivery drivers, security personnel — by the time you find them, memories are unreliable.
• The two-year statute of limitations clock is running — and government property claims (city sidewalks, public buildings, public housing) have notice deadlines as short as six months.

The property owner had insurance and lawyers from the moment you fell. You need an advocate too — and you need one fast.

What Counts as a Premises Liability Claim Under Texas Law

To recover compensation in a Texas premises liability case, you must prove four legal elements:

1. Duty — The property owner owed you a duty of care, the level of which depends entirely on your legal status (invitee, licensee, or trespasser).
2. Breach — The property owner failed to meet that duty.
3. Causation — That failure caused your injury.
4. Damages — You suffered measurable harm — medical bills, lost wages, pain and suffering, or worse.

What makes premises cases distinct is the duty element. Texas law applies a rigid classification system that determines what duty the property owner owed you — and that classification often determines whether you have a case at all.

The Invitee / Licensee / Trespasser Framework

Texas premises liability cases turn on three legal classifications. Each carries a different duty of care.

Invitee (Highest Duty Owed)

You are an invitee when you enter property with the owner’s express or implied knowledge for the mutual benefit of both parties — typically when there’s an actual or expected economic transaction. Examples: customers in stores, restaurants, hotels, or shopping malls; tenants in commercial leases; patients in clinics; guests at hotels. Property owners owe invitees the highest duty of care — they must inspect the premises, identify dangerous conditions, and either correct the conditions or provide adequate warnings. This duty extends to dangers the owner knew about and dangers the owner reasonably should have discovered through inspection.

Licensee (Moderate Duty Owed)

You are a licensee when you enter property with the owner’s express or implied permission, but for your own benefit — not the owner’s. Examples: social guests, friends and family visiting a home, certain delivery workers, salespeople. Property owners owe licensees a duty to warn of or make safe dangerous conditions the owner has actual knowledge of and that are not similarly known to the licensee. The key difference from invitees: there’s no duty to inspect for unknown dangers.

Trespasser (Lowest Duty Owed)

You are a trespasser when you enter property without legal right or permission. Property owners owe trespassers only a duty to refrain from willful, wanton, or grossly negligent conduct — meaning they cannot intentionally injure you, but they have no obligation to inspect, warn, or make the property safe. There are limited exceptions for child trespassers under the “attractive nuisance” doctrine when artificial conditions on the property are likely to attract children.

Why Status Matters So Much

Insurance adjusters and defense lawyers fight aggressively to reclassify claimants — pushing invitees down to licensee status, pushing licensees down to trespasser status. Each downgrade dramatically reduces what the property owner owes. The same fall, in the same location, by the same person, can produce completely different legal outcomes depending on classification. A skilled premises liability attorney protects your status and proves it.

Who Can Be Held Liable in Texas Premises Cases

• Property owners (the most common defendant)
• Property managers and management companies
• Tenants who control specific portions of leased property
• Maintenance companies and contractors
• Security companies (in negligent security cases)
• Government entities (with shorter notice deadlines under the Texas Tort Claims Act)
• Franchisors and corporate parents (in multi-location commercial property cases)

Common Texas Premises Liability Cases We Handle

Premises liability covers a wide range of injuries on commercial, residential, and public property. If your situation looks like one of these, you may have a strong claim.

Slip-and-Fall and Trip-and-Fall Accidents

The most common premises liability cases — wet floors, spilled liquids, freshly mopped surfaces, ice and snow, uneven flooring, torn carpets, broken pavement, missing handrails. Slip-and-fall cases turn on whether the property owner knew or should have known about the hazard. See our dedicated slip-and-fall page →

Negligent Security and Inadequate Security Cases

Property owners can be liable when their failure to provide reasonable security results in third-party criminal acts. Common scenarios: assaults in apartment parking lots, robberies at gas stations or convenience stores, assaults in hotel hallways, parking garage attacks, security failures at apartment complexes with prior crime histories. Texas courts evaluate “foreseeability” using the standard from Timberwalk Apartments v. Cain — looking at the property’s prior crime history, the proximity of crime, the publicity of crime, the recency of crime, and the frequency of crime in the area. These are some of the highest-value premises cases in Texas.

Apartment Complex and Multi-Family Residential Injuries

Defective stairs, broken handrails, dangerous balconies, mold, inadequate maintenance, electrical hazards, swimming pool injuries, and negligent security in apartment complexes. Apartment management companies are often well-insured but use aggressive defense strategies. Tenant injuries frequently involve both negligence and breach-of-warranty-of-habitability claims.

Retail Store and Shopping Mall Injuries

Spills in grocery stores, falling merchandise, defective shelving, automatic door malfunctions, escalator and elevator accidents. Major retailers (Walmart, Target, HEB, Kroger, Home Depot, Lowe’s) have national defense teams specifically trained to defeat premises claims. Surveillance footage preservation is critical.

Restaurant and Bar Injuries

Slip-and-falls on grease, spills, and recently cleaned floors; injuries from broken chairs and furniture; burn injuries from hot food and beverages; injuries in parking lots; assault claims related to inadequate security; food poisoning and contamination claims. Restaurants are also subject to Texas Dram Shop Act liability when they overserve intoxicated patrons who later cause injuries.

Hotel and Resort Injuries

Pool drownings and near-drownings, balcony falls, slip-and-falls in lobbies and bathrooms, bedbug infestations, food poisoning, assault claims related to inadequate security, gym equipment injuries, parking garage incidents. Hotels are typically well-insured and managed by national chains with sophisticated risk management.

Parking Lot and Parking Garage Injuries

Falls due to inadequate lighting, uneven pavement, potholes, missing wheel stops, broken curbs; vehicle strikes due to inadequate sight lines or signage; assaults due to inadequate security or lighting. Parking facilities frequently involve multiple potential defendants — the property owner, the lot operator, and security companies.

Construction Site Injuries (For Non-Workers)

When non-employees are injured on or near construction sites — pedestrians struck by falling debris, drivers injured by inadequate work zone signage, visitors hurt by unsafe conditions — premises liability claims combine with potential third-party work injury claims.

Swimming Pool and Water Feature Injuries

Drownings, near-drownings, slip-and-falls on pool decks, diving injuries, drain entrapment injuries, and chemical exposure injuries. Pool cases often involve attractive nuisance claims when child trespassers are injured, and Texas Health & Safety Code Chapter 757 establishes specific pool fence and barrier requirements.

Dog Bite and Animal Attack Cases

Texas applies a “one-bite rule” modified by the standard negligence framework. Property owners can be liable when their animals attack visitors, especially when the owner had prior knowledge of the animal’s dangerous propensities or violated leash laws and similar regulations.

Stairway, Elevator, and Escalator Accidents

Defective stair design, broken handrails, malfunctioning elevators and escalators, missing or damaged warning signs. These cases often involve specialized expert testimony on building code compliance and equipment maintenance.

Government Property and Public Premises Injuries

Falls on city sidewalks, injuries in public buildings, accidents at public parks and pools, school injuries. Government property claims are governed by the Texas Tort Claims Act with shorter notice deadlines (sometimes as short as six months), damage caps, and immunity defenses.

Why Texas Premises Cases Require a Specialized Attorney

Premises liability cases involve specific Texas statutes, classification battles, and evidence preservation issues that determine recovery. Generalist personal injury attorneys routinely lose these cases on technical grounds.

The Visitor Status Battle

Insurance adjusters’ first move in nearly every premises case is to argue you were a licensee or trespasser, not an invitee. The shift dramatically reduces what they owe. Examples of common reclassification tactics:

• Arguing you were on a part of the property not “open to the public” (storage area, employee-only area, after-hours, etc.)
• Arguing you were there for your own purposes, not for the owner’s economic benefit
• Arguing you exceeded the scope of your invitation
• Arguing you trespassed onto a closed-off section of the property

Defending your status — and proving it with evidence — is foundational to premises liability litigation.

Texas Negligent Security Cases and the Timberwalk Foreseeability Test

Negligent security cases are governed by a specific Texas Supreme Court framework from Timberwalk Apartments, Ltd. v. Cain. To establish foreseeability of third-party criminal conduct, courts evaluate:

• Proximity — How close did similar crimes occur to the property?
• Recency — How recent were prior crimes?
• Frequency — How often did similar crimes occur in the area?
• Similarity — How similar were the prior crimes to the one that injured you?
• Publicity — Was the property owner aware of the crime pattern through news reports, police interaction, or tenant complaints?

Building a negligent security case requires obtaining police reports, crime statistics, prior tenant complaints, and security industry standards. These cases produce some of the largest premises liability verdicts in Texas — assault and rape victims have recovered substantial damages from apartment complexes, hotels, and parking facilities that ignored foreseeable crime patterns.

Texas Civil Practice & Remedies Code Chapter 75

Chapter 75 limits liability for landowners in specific contexts:

• § 75.001-75.004 — Recreational use limitations: when landowners give permission for recreational use of their property without compensation, they generally owe only the duty owed to a trespasser.
• § 75.007 — Trespasser limitations: explicitly codifies the rule that landowners owe trespassers only the duty to refrain from willful, wanton, or grossly negligent injury.

Texas Modified Comparative Fault (§ 33.001)

Texas’s modified comparative fault rule applies to premises cases. As long as you’re 50% or less at fault, you can recover — your award is reduced by your percentage of fault. Insurance adjusters push hard on the “open and obvious” argument to shift fault onto injured visitors. Defending against fault-shifting is a core part of premises litigation.

The Texas Stowers Doctrine

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives Texas plaintiffs a powerful tool. When the property owner’s insurer unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy. Stowers demands are particularly effective in catastrophic premises injury cases.

The Texas Tort Claims Act (Government Property)

When a city, county, or state agency owns or controls the property where you were injured, claims against government entities are governed by the Texas Tort Claims Act. These claims involve shorter notice deadlines (sometimes as short as six months), damage caps, and immunity defenses. Missing the notice deadline ends the case.

The Two-Year Statute of Limitations (§ 16.003)

Texas gives you two years from the date of the injury to file a personal injury or wrongful death lawsuit. Government claims have shorter notice deadlines that run separately. Acting quickly preserves all your potential pathways and protects evidence that disappears fast in premises cases.

How Property Owners and Insurers Defeat Valid Premises Claims

Property owners and their insurers have spent decades perfecting tactics to push down premises liability claims. Recognizing the playbook is half the defense.

Tactics That Cost Premises Injury Victims Their Cases

• The “open and obvious” defense. Defendants argue the dangerous condition was so obvious you should have avoided it. Texas courts have limited this defense significantly, but insurers still use it to push down settlements.
• The classification reclassification attack. Adjusters reframe invitees as licensees or trespassers to dramatically reduce what the property owner owes.
• The “no actual knowledge” defense. Defendants argue they didn’t know about the hazard. Establishing constructive knowledge — what they should have known — requires inspection logs, prior incident reports, and similar evidence.
• The “reasonable inspection” claim. Defendants argue their inspection schedule was reasonable. Industry standards and prior incidents often disprove this.
• Comparative fault attacks. Insurers push 30%, 40%, or even 51% of fault onto injured visitors based on what they “should have noticed.”
• Selective surveillance preservation. Footage favorable to the property owner is preserved; footage that shows the hazard, prior incidents, or the time the spill occurred conveniently disappears.
• The pre-existing condition attack. Defendants argue your injuries were caused by your prior medical history, not the fall.
• Quick lowball settlement offers. Made before you’ve reached maximum medical improvement, designed to close the case before the full extent of injuries is known.
• Surveillance and social media monitoring. Investigators surveil claimants for months looking for any evidence to dispute injury severity.

Mistakes That Sink Otherwise Strong Premises Cases

• Leaving the scene without photographing the hazard, the surrounding area, and your injuries
• Failing to report the incident to management before leaving
• Talking to the property owner’s insurance adjuster without an attorney
• Giving recorded statements that get edited or excerpted
• Signing a blanket medical authorization that gives the defense access to your full medical history
• Posting on social media — even unrelated content — while a claim is pending
• Skipping or delaying medical care because injuries seemed minor at first
• Waiting too long to call an attorney while surveillance footage gets overwritten and witnesses scatter
• Missing the government entity notice deadline when a public entity was potentially liable

How Our Texas Premises Liability Attorneys Build Your Case

A serious premises liability case is built — not filed. Here’s what we do, often within days of being retained.

• Immediate scene investigation. Investigators document the property’s condition, lighting, signage, surveillance camera locations, and any physical evidence before it’s altered or repaired.
• Surveillance preservation letters. Sent to the property owner, management company, and any third-party security firm — formally demanding preservation of all footage from the time of the incident, prior incidents, and any related events.
• Maintenance and inspection records. We subpoena cleaning logs, inspection schedules, repair records, and incident reports — establishing the property owner’s actual or constructive knowledge of the hazard.
• Witness identification and statements. Customers, employees, security personnel, and other visitors who witnessed the incident or knew about prior similar conditions.
• Visitor status documentation. Building the evidentiary record that establishes you were an invitee — receipts, transaction records, signage, employee testimony confirming the area’s purpose.
• Prior incident research. For negligent security cases, we obtain police reports and crime data establishing the foreseeability of criminal conduct under the Timberwalk framework.
• Code and standards analysis. Building codes, OSHA standards, industry safety standards (ASTM, ANSI), and local ordinances establish what the property owner should have done.
• Defendant identification. Property owner, management company, tenant, contractor, security firm — we map every potentially liable party before filing suit.
• Damages workup with life-care planners. Catastrophic premises injury cases require projections of lifetime medical costs, lost earning capacity, and ongoing care.
• Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send Stowers demand letters that force insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. The strongest premises settlements come from cases the defense knows it cannot win at trial. We build every case as if it’s going to a jury.

What Is My Texas Premises Liability Case Worth?

Premises case value varies widely. Minor slip-and-fall cases may resolve for tens of thousands. Catastrophic injury and negligent security cases involving sexual assault, traumatic brain injury, or wrongful death routinely reach into the millions. Value depends on injury severity, the strength of the evidence, available insurance, and the long-term cost of care.

Common Injuries in Texas Premises Liability Cases

• Traumatic brain injuries (TBI) and concussions
• Spinal cord injuries and herniated discs
• Hip fractures (especially in elderly fall victims)
• Complex orthopedic fractures
• Knee, shoulder, and wrist injuries
• Internal organ damage
• Sexual assault and physical assault injuries (in negligent security cases)
• Drowning and near-drowning injuries
• Burns (chemical, thermal, electrical)
• Animal attack injuries and disfigurement
• Permanent nerve damage
• Post-traumatic stress disorder (PTSD)
• Catastrophic injuries requiring lifetime care
• Fatal injuries (wrongful death claims)

Recoverable Compensation in Texas Premises Cases

Economic Damages (No Cap)

• Past and future medical expenses
• Past and future lost wages
• Loss of earning capacity
• Rehabilitation, therapy, and assistive equipment
• Custodial and long-term care costs
• Home modifications

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress (including PTSD)
• Disfigurement and physical impairment
• Loss of enjoyment of life
• Loss of consortium

Punitive (Exemplary) Damages

Available in cases of gross negligence — particularly in negligent security cases where the property owner ignored known crime patterns, repeatedly failed to address known dangers, or engaged in intentional misconduct. Subject to caps under Texas Civil Practice & Remedies Code § 41.008.

What People Worry About Before Calling a Premises Liability Lawyer

“They’re saying I should have seen the hazard.”

The “open and obvious” defense is one of the most common premises liability arguments — and Texas courts have significantly limited its application in recent years. Even when a hazard was technically visible, property owners can still be liable when the visitor’s attention was reasonably distracted, when the owner should have anticipated the hazard despite its visibility, or when warnings were inadequate. Don’t accept this argument without an attorney’s review.

“I was partially at fault. Can I still recover?”

Probably yes. Texas’s modified comparative fault rule lets you recover as long as you’re 50% or less at fault. Your award is reduced by your percentage of fault — so partial fault doesn’t bar recovery. The property owner’s insurance will push hard on this, but most fault-shifting attacks collapse under proper investigation.

“I didn’t report the incident immediately.”

That’s a common situation, and it doesn’t necessarily end your case. Many people don’t realize the extent of their injuries until hours or days after a fall. Medical records documenting your injuries, witness testimony, and surveillance footage can establish the incident even without an immediate incident report. Call us to evaluate your case.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Premises liability cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“I was assaulted in a parking lot. Is the property owner responsible?”

Possibly yes — if the assault was reasonably foreseeable based on the property’s prior crime history. Texas’s Timberwalk framework looks at proximity, recency, frequency, similarity, and publicity of prior crimes to determine foreseeability. Apartment complexes, parking facilities, and businesses in high-crime areas with documented histories of similar incidents have been held liable for failing to provide reasonable security.

“How long will my case take?”

Most Texas premises liability cases resolve in 12 to 24 months. Catastrophic injury and negligent security cases often take longer because damages projections require extended medical treatment and life-care planning. We give you a realistic timeline at the consultation.

“What if I was hurt on government property?”

The Texas Tort Claims Act applies, with shorter notice deadlines (sometimes as short as six months), damage caps, and immunity defenses. Missing the notice deadline ends the case. Acting quickly is essential when government property is involved.

“What if my loved one was killed?”

Texas’s wrongful death statute allows surviving spouses, children, and parents to recover for the death of a loved one caused by another’s negligence. Premises liability wrongful death cases — drownings, falls from heights, security failures resulting in homicide — routinely produce among the highest recoveries in personal injury law.

“Do you only handle cases in Houston?”

No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

Frequently Asked Questions

What is premises liability under Texas law?

Premises liability is the legal responsibility of property owners and occupiers to keep their property reasonably safe for visitors. Texas applies a tiered framework based on the visitor’s legal status — invitee, licensee, or trespasser — with different duties of care applying to each. Most successful claims involve invitees (customers, tenants, hotel guests) who are owed the highest duty of care.

What is the difference between an invitee, a licensee, and a trespasser?

An invitee enters property with the owner’s permission for the mutual benefit of both parties (typically customers in stores, hotels, restaurants). A licensee enters with permission for their own benefit (social guests, certain delivery workers). A trespasser enters without legal right or permission. Property owners owe invitees the highest duty of care (inspect, correct, or warn of dangers); they owe licensees a duty to warn of known dangers; they owe trespassers only a duty to refrain from willful, wanton, or grossly negligent injury.

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

Texas’s two-year statute of limitations applies to premises liability personal injury and wrongful death claims under Texas Civil Practice & Remedies Code § 16.003. Claims against government entities have shorter notice deadlines, sometimes as short as six months. Acting quickly preserves evidence and protects all your potential claims.

What is a negligent security claim in Texas?

A negligent security claim is a premises liability lawsuit alleging that the property owner failed to provide reasonable security, allowing a foreseeable third-party criminal act (assault, robbery, sexual assault) to injure a visitor. Texas courts evaluate foreseeability using the Timberwalk Apartments v. Cain framework — examining the proximity, recency, frequency, similarity, and publicity of prior crimes. These cases produce some of the largest premises liability verdicts in Texas.

What if the property owner says the hazard was “open and obvious”?

The “open and obvious” defense is common but increasingly limited under Texas law. Even when a hazard was visible, property owners can still be liable when the visitor’s attention was reasonably distracted, when the owner should have anticipated the hazard, or when warnings were inadequate. The defense often does not survive proper investigation and litigation.

What if I was partially at fault for the premises injury?

Under Texas’s modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001), you can still recover compensation as long as you were 50% or less at fault. Your recovery is reduced by your percentage of fault. If you’re 51% or more at fault, you cannot recover.

How much is a Texas premises liability case worth?

Premises case value varies widely depending on injury severity, the strength of the evidence, available insurance, and the long-term cost of care. Minor slip-and-fall cases may resolve for tens of thousands. Catastrophic injury and negligent security cases involving sexual assault, traumatic brain injury, or wrongful death routinely reach into the millions.

Can I sue the city or government if I was hurt on public property?

Possibly. The Texas Tort Claims Act allows certain claims against government entities for negligent maintenance of public property. These claims involve shorter notice deadlines (sometimes as short as six months), damage caps, and immunity defenses, so acting quickly is essential.

What is a Stowers demand and why does it matter in premises cases?

A Stowers demand is a formal settlement offer made within the property owner’s insurance policy limits. Under Texas’s Stowers Doctrine, if the insurer unreasonably refuses a Stowers demand and the case results in a judgment exceeding policy limits, the insurer can be held liable for the entire amount. Stowers demands are particularly powerful in catastrophic premises cases where injuries clearly exceed policy limits.

Should I give a recorded statement to the property owner’s insurance company?

No. You are not required to give a recorded statement, and doing so almost always hurts premises liability claims. Adjusters are trained to ask questions designed to reclassify your visitor status, shift fault onto you, or minimize injury severity. Let your attorney handle all communication with the property owner’s insurer.

Don’t Let Insurance Reclassify Your Status

The property owner’s insurance adjuster is already working to reclassify you from invitee to licensee — or worse, to trespasser. Every day you wait, surveillance footage gets overwritten, witnesses scatter, maintenance records “go missing,” and the two-year statute of limitations keeps running. Government property claims have even shorter deadlines.

We offer 100% free, confidential case reviews for Texas premises liability victims. We work on contingency, so you pay nothing unless we win.

CALL: 713-352-7975

Request Your Free Case Review →

We’ll listen to what happened. We’ll evaluate your visitor status, the property owner’s duty of care, the available evidence, and the legal pathway — and tell you honestly whether you have a case. If you do, we’ll explain how we’d build it.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.