In Texas, property owners are held responsible for injuries when they fail to keep their property reasonably safe from hazards they knew about or should have known about. This legal responsibility is called "premises liability."
Proving a case requires showing the owner had a legal duty to you, they breached that duty by failing to fix or warn of a dangerous condition, and this failure directly caused your injury.
The challenge is that the owner's level of responsibility changes depending on why you were on the property. Furthermore, property owners and their insurance carriers will conduct a thorough investigation, looking for any evidence to argue you were at fault to reduce what they have to pay.
However, Texas law provides a clear path for injured people to pursue the financial recovery needed to cover medical bills, lost wages, and other damages. The process is detailed and requires careful attention to legal standards and deadlines.
If you have a question about an injury you suffered on someone else’s property, call Cowen | Rodriguez | Peacock for a free consultation at (210) 941-1301.
Key Takeaways for Texas Premises Liability Claims
- Your legal status as a visitor determines the property owner's responsibility. Texas law classifies visitors as invitees, licensees, or trespassers, and the duty of care owed to you, from a proactive duty to inspect for dangers to a minimal duty not to cause intentional harm, depends entirely on which category you fall into.
- You must prove the owner knew or should have known about the hazard. A successful claim requires evidence that the property owner had actual knowledge (they were told about it) or constructive knowledge (the hazard existed long enough that a reasonable owner should have found it).
- Your compensation may be reduced or eliminated if you are found partially at fault. Under the Texas proportionate responsibility rule, your recoverable damages are reduced by your percentage of fault, and if you are found 51% or more responsible, you are barred from recovering any compensation at all.
The Core Principle of Responsibility: What Is Premises Liability in Texas?
What Is a "Duty of Care"?
At the heart of any premises liability claim is the "duty of care." It's a legal obligation for property owners to take reasonable steps to prevent injuries to visitors. The level of this duty, as we will see, depends entirely on the visitor's legal status.
What Makes a Condition "Unreasonably Dangerous"?
For a condition to be considered "unreasonably dangerous," it must pose a risk of harm that a visitor wouldn't anticipate or protect themselves against. It goes beyond trivial defects.
Think of a puddle of clear liquid on a polished floor, a broken stair hidden in a dimly lit stairwell, or an unsecured loading dock plate at a warehouse where a UPS driver is delivering packages. These are not dangers a person would typically expect to encounter and guard against.
Proving the Owner Knew (or Should Have Known)
A successful claim hinges on showing the property owner was aware of the dangerous condition. This awareness is demonstrated in two ways:
- Actual Knowledge: This is straightforward. The owner or their employee was directly aware of the hazard. For instance, another customer reported a spill to a store manager, or an employee created the hazard themselves.
- Constructive Knowledge: This is more common and is the key to many claims. It means the hazard existed for long enough that a reasonably careful owner should have discovered it through regular inspection and maintenance. Texas courts have emphasized that businesses must routinely inspect for potential dangers. A spill that has been on the floor for hours is something a diligent owner should have found.
Does It Matter Why You Were on the Property?
The law sorts visitors into three distinct categories.
1. Invitee: The Highest Level of Protection
- Who They Are: An invitee is someone on the property for the owner's financial benefit. This is the most common category for premises liability cases. It includes shoppers in a grocery store, diners in a restaurant, guests at a hotel, or a FedEx driver delivering a package to a business.
- The Owner's Duty: To an invitee, the property owner owes the highest duty of care. They must protect against dangers they know about and those they should have known about through reasonable inspection. This is a proactive duty. The owner cannot simply wait for a report of a hazard; they must have systems in place to look for them.
- Real-World Example: A grocery store must not only clean up a spill after it's reported but also have reasonable inspection policies to find spills promptly. Commercial settings like these are frequent locations for such injuries to occur.
2. Licensee: A Duty to Warn
- Who They Are: A licensee is a social guest or someone on the property with permission but not for a business purpose. A friend visiting your home or a person attending a party at a neighbor's house are common examples of licensees.
- The Owner's Duty: The duty to a licensee is lower than to an invitee. The property owner must warn the licensee of known, non-obvious dangers. The owner does not have a duty to inspect for unknown hazards. They only have to address dangers they are already aware of.
- Real-World Example: If a homeowner knows one of their deck steps is loose but doesn't tell a visiting friend, they could be liable if the friend falls and gets hurt. However, if the homeowner had no idea the step was loose, they likely would not be held responsible.
3. Trespasser: A Minimal Duty
- Who They Are: A trespasser is someone on the property without any legal right or permission.
- The owner's duty: The property owner owes a very minimal duty to a trespasser. Their only obligation is to refrain from causing injury willfully, wantonly, or through gross negligence.
- Exception—The "Attractive Nuisance" Doctrine: Texas law makes a significant exception for child trespassers. If a property has something that might attract children—like an unfenced swimming pool, a trampoline, or old machinery—the owner has a higher duty to secure it. This is called the "attractive nuisance" doctrine. The law recognizes that children may not appreciate the dangers these items pose.
Where Do These Injuries Happen? Common Scenarios and Responsible Parties
Retail Stores and Grocery Stores
This is perhaps the most familiar scenario, frequently involving slip and falls from spilled liquids, dropped merchandise, or freshly mopped floors without warning signs. Liability also extends to outdoor areas, like icy sidewalks in the winter or poorly maintained parking lots with potholes or cracked pavement, a point clarified by the Texas Supreme Court in past rulings.
Apartment Complexes and Rental Properties
Tenants and their guests may suffer injuries from broken railings on staircases, poorly lit common areas like hallways and parking garages, uneven pavement on sidewalks, or malfunctioning security gates.
In these cases, liability is tricky. It may rest with the property owner, a third-party management company, or even a tenant, depending entirely on who had control over the area where the injury occurred.
Warehouses, Loading Docks, and Distribution Centers
Our practice has a heavy focus on incidents involving commercial vehicles, and we understand the unique dangers present at these industrial sites. An Amazon, UPS, or other commercial truck driver is on the property for the direct financial benefit of the warehouse owner, making them an invitee who is owed the highest duty of care. We have handled cases where drivers are injured due to unsafe conditions, such as:
- Tripping over debris or equipment in a poorly lit delivery zone.
- Falling from an unstable or improperly secured loading dock.
- Slipping on an oil spill or other substance in a commercial parking lot.
Construction Sites
While most construction site injuries involve workers, non-employees who are lawfully on the site also suffer injuries. These injuries are often caused by falling objects, unsecured trenches, scattered materials and debris, or unmarked changes in elevation. Determining responsibility is complicated, as it may involve the property owner, a general contractor, and multiple subcontractors.
Government Property
Suing a government entity—like a city, county, or the state—for an injury on public property is possible, but the process is more complex. The Texas Tort Claims Act waives governmental immunity in specific situations. However, it imposes very strict and much shorter notice deadlines. In many cases, you must provide formal written notice of your claim in as little as 90 days. The Act also places caps on the amount of damages recoverable.
What if They Say the Accident Was Your Fault?
After you report an injury, the property owner’s insurance company commonly suggests you are partially, or even entirely, to blame for what happened. This is incredibly frustrating. They might claim you weren't paying attention, were looking at your phone, or were wearing inappropriate footwear for the conditions.
Texas law has a specific rule designed for these situations.
Introducing Texas's Proportionate Responsibility Rule
Texas uses a legal standard known as "proportionate responsibility," or modified comparative fault. The official statute includes a 51% bar rule. Here is what that means for you:
- You recover damages as long as you are found to be 50% or less at fault for the accident.
- However, if a jury finds you to be 51% or more at fault, you are barred from recovering any compensation at all.
How We Defend You Against Unfair Blame
The insurance company for the property owner will conduct a thorough investigation to find any evidence to argue you were at fault. Our role is to keep them accountable.
We do this by gathering our own evidence: security footage that may show how long a hazard was present, statements from witnesses who saw what happened, and internal incident reports from the business. We work to build a clear narrative showing the property owner’s negligence was the primary cause of your injury, ensuring no amount of blame is unjustly put on you.
Frequently Asked Questions About Premises Liability Claims
What kind of compensation may I pursue?
You may pursue financial recovery for a range of damages, including:
- Medical Expenses: All costs related to your treatment, both past and future.
- Lost Wages: Income you lost while unable to work.
- Loss of Earning Capacity: If your injury affects your ability to earn a living in the future.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Physical Impairment: Damages for the loss of enjoyment of life.
Do I need to have photos of the hazard that caused my injury?
While photos of the dangerous condition taken immediately after the incident are very helpful, they are not strictly required. A strong case is still built using other forms of evidence, such as witness testimony, official incident reports, and security camera footage that the property owner may have.
What if I was injured at a friend's house in San Antonio?
This is a good example of a "licensee" situation. Because you were a social guest, you would generally need to show that your friend had actual knowledge of the specific danger that caused your injury and failed to warn you about it. For instance, you would need to prove they knew a railing was broken but didn't mention it.
Can I still have a case if there was a "wet floor" sign?
It depends on the circumstances. Was the sign clearly visible from the direction you were approaching? Was it placed in a reasonable location that gave you adequate warning? A warning sign does not automatically remove all liability for the property owner, especially if placing the sign was still an unreasonable way to address the danger compared to simply cleaning it up.
Let Us Handle the Details, So You Can Focus on Healing
You were hurt because a property owner failed to keep their premises safe. Now, you have medical bills piling up and serious questions about the future. You do not have to figure this out alone.
Our firm, Cowen | Rodriguez | Peacock, regularly helps people across Texas who were injured in places just like the one you were. We are familiar with the arguments insurance companies use to minimize claims and the evidence needed to build a strong case that holds negligent property owners accountable.
The sooner we begin our investigation, the better our chances are of preserving evidence like video footage and witness memories.
If you were injured on someone else’s property, call us today for a free, no-obligation case review at (210) 941-1301.