Houston Premises Liability Lawyer

Premises liability law book and gavel on desk in law library illustrating Texas premises liability definition

What Is Premises Liability in Texas?

Premises liability is the legal responsibility that property owners and occupiers have to keep their property reasonably safe for people who are allowed to be there. It applies when an unsafe condition on someone else’s property—like a wet floor, broken step, poor lighting, or lack of security—causes an injury that could have been avoided if the property had been made safer or properly maintained.

It covers places such as grocery stores, big-box retailers, restaurants, office buildings, apartment complexes, parking lots and garages, hotels, and short-term rentals. In these cases, the focus is on the condition of the property and what the owner or manager knew, or should have known, about that condition before you were hurt.

Common Premises Liability Accidents in Houston

Premises liability claims come from many different types of hazards.
Some of the most common include:

  • Wet or slippery floors in stores, restaurants, and office buildings
  • Broken steps, loose handrails, and uneven walkways
  • Poor lighting in parking lots, stairwells, and hallways
  • Negligent security that allows assaults, robberies, or attacks
  • Falling merchandise or debris in stores and warehouses
  • Unsafe swimming pools, play areas, and other common areas at apartments
  • Dog bites and other animal attacks on the property
  • Fires, electrical hazards, or building code violations

A Houston premises liability attorney can look at the specific way you were hurt and connect it to the safety rules that should have been followed at that property.

Shopper in Houston warehouse store struck by falling box from high shelf
Injured man in wheelchair with head bandage and arm cast sitting in hospital lobby after accident

Who Can Be Held Responsible for an Unsafe Property?

Responsibility does not always rest with one person or company. More than one party may share blame for unsafe conditions.

Possible defendants in a premises liability case include:

  • Commercial property owners and landlords
  • Residential landlords and apartment owners
  • Property management companies
  • Stores, restaurants, and other businesses leasing space
  • Security companies and maintenance contractors
  • Homeowners or short-term rental hosts
  • Government entities in certain situations

Sorting out who owned, managed, and controlled the property can be complicated. A Houston premises liability lawyer can help identify every party that may be responsible and every insurance policy that may apply.

How Texas Premises Liability Law Works

In Texas, the duty a property owner or occupier owes you depends in part on why you were on the property. The law generally expects owners and managers to act reasonably to prevent avoidable harm, but the details can shift with the situation.

In simple terms:

  • Customers and clients in stores or businesses are usually owed the highest duty of care, which includes regular inspections, fixing hazards, and giving clear warnings about dangers that are not yet fixed.
  • Tenants and their guests are owed a duty to keep common areas like hallways, stairwells, parking lots, and pools reasonably safe and to address known problems within a reasonable time.
  • Social guests in a private home should be warned about hidden dangers the owner knows about, such as broken steps, loose railings, or other risks that are not obvious.

In all of these situations, the focus is on whether the owner or occupier took reasonable steps to find hazards, repair them, or warn people before someone got hurt. When they fall short and a dangerous condition causes an injury, a premises liability claim may be available.

Grocery store worker placing wet floor sign by spill as shoppers pass, showing premises liability safety duties
Injured woman with wrist brace reviewing slip and fall photos and incident report with lawyer on tablet

How Texas Fault Rules Affect Premises Liability Claims

Texas uses a “modified comparative fault” system. That means a court or insurance company looks at everyone’s share of blame and adjusts the result based on those percentages. This rule can make a big difference in how much money you actually recover.

Here’s how it works:

  • You can usually recover money if you are 50% or less at fault.
  • Any amount you receive is reduced by your percentage of fault.
  • If you are more than 50% at fault, you are generally barred from recovering from the other party.
  • In premises liability cases, insurance companies may argue that you were not watching where you were going, that you ignored warning signs, that the danger was “open and obvious,” or that your shoes or choices made the fall or injury your own fault.

A lawyer can push back on these arguments with evidence such as photos, video, incident reports, maintenance records, and witness statements to show what really happened and how much responsibility truly belongs to the property owner or business.

How Do You Prove a Premises Liability Case in Texas?

A premises liability case is not automatic just because you were hurt on someone else’s property.

In most cases, you need to show that:

  • You were lawfully on the property, for example as a customer, tenant, worker, or invited guest.
  • There was a dangerous condition on the property, such as a spill, broken step, poor lighting, lack of security, or other hazard.
  • The owner, manager, or occupier knew or should have known about the danger.
  • They did not fix the hazard or give a clear and reasonable warning in time.
  • The hazard caused your injury, and you suffered losses such as medical bills, lost income, pain, or other harm.

Evidence can include photos and video of the scene, incident reports, prior complaints, inspection or repair records, security footage, and medical records.

A Houston premises liability lawyer can gather and organize this information into a clear story that supports your claim.

Lawyer reviewing accident photos and incident report on desk to build a Texas premises liability case
Injured woman in neck brace and arm sling looking worried at medical bills after unsafe property accident

What Compensation Can You Seek After an Injury on Unsafe Property?

A serious property-related injury can affect your finances, your health, and your daily life.

Depending on your case, you may be able to seek compensation for:

  • Emergency care, hospital stays, and follow-up visits
  • Physical therapy, rehabilitation, and pain management
  • Future medical needs and assistive devices
  • Lost wages while you are off work
  • Reduced earning ability if you cannot return to your old job or hours
  • Out-of-pocket costs such as transportation, home modifications, or help with daily tasks
  • Physical pain and suffering
  • Mental and emotional distress
  • Loss of enjoyment of life
  • Scarring and disfigurement

In fatal cases, certain family members may also pursue wrongful death and related claims.

What To Do After a Premises Liability Accident in Houston

Right after an accident, it is hard to think clearly.

When you can, these steps can help protect your health and your legal rights:

  • Get to a safe place away from the hazard and seek medical help if you are hurt.
  • Report the incident to the property owner, manager, or staff, and ask that an incident report be prepared.
  • Ask how you can get a copy of that report.
  • Take photos or video of the hazard, surrounding area, and your visible injuries before anything is cleaned up or moved.
  • Get names and contact details for any witnesses and employees you speak with.
  • Keep the shoes and clothing you were wearing in the same condition.
  • Follow up with a doctor and follow their recommendations, even if you hoped the injury would “just go away.”
  • Avoid detailed or recorded statements to the property’s insurance company before you talk with a lawyer.

If your injuries were too serious to do these things at the time, you may still have a case. Other evidence, including staff records, surveillance footage, and medical documentation, can still support your claim.

Person taking smartphone photo of hazard on property after fall to document a Houston premises liability accident
A judge's gavel rests atop an hourglass, symbolizing the limited time period in which legal action can be taken.

Deadlines for Filing a Premises Liability Case in Texas

Texas law gives you only a limited time to file a premises liability lawsuit. In many personal injury cases, you have two years from the date of the injury to file a lawsuit. In many wrongful death cases, the period is two years from the date of death.

This timeframe is often called the statute of limitations. If you miss it, you may lose your right to take your case to court, no matter how serious your injuries or how clear the fault appears. Claims involving government entities can have much shorter notice deadlines and very specific procedures. Injuries to children can also raise different timing issues.

Because deadlines and rules can be complex, it is safer to talk with a lawyer well before the two-year mark so there is time to investigate, gather records, and make informed decisions.

Why You Need a Houston Premises Liability Attorney

Some people hope to work things out directly with the store, landlord, or their insurer. That may sound easier, but serious injuries and complex property ownership can make these cases difficult to handle alone.

You would need to contact a Houston premises liability attorney if:

  • Your injuries required significant medical care or kept you from working
  • The property owner or business denies responsibility
  • There is a dispute about what caused the accident
  • There may be multiple companies involved, such as owners, managers, and contractors
  • The insurance company is delaying, blaming you, or making a low offer

An attorney can investigate, gather records, work with experts when needed, and deal with the insurance company so you can focus on recovery.

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