Injuries on someone else’s property can change everything. One moment you're shopping, visiting a friend, or walking through a parking lot, then suddenly you're hurt. You might be dealing with pain, missed work, medical bills, and ongoing uncertainty. If someone you love lost their life in one of these incidents, the grief can be overwhelming. When someone’s carelessness causes that kind of harm, holding them accountable matters.
Property owners in Texas must take reasonable steps to keep their land, buildings, and common areas safe. That means fixing hazards, warning guests, and not ignoring issues that could hurt someone. When they fail to do that, legal action helps injured people recover the maximum compensation available.
A Texas premises liability lawyer at Cowen | Rodriguez | Peacock can help you pursue that outcome. Our legal team handles these cases with the attention they deserve. If you or someone close to you was hurt on dangerous property, reach out today for a free consultation.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
What is Premises Liability in Texas?
Premises liability is a type of personal injury case. It applies when someone gets hurt because a property owner didn't take care of their space. These rules apply in a wide range of settings.
Definition and Legal Framework
Premises liability holds property owners and occupiers accountable when someone suffers an injury on their property due to a hazardous condition. In Texas, these cases follow basic negligence rules, which focus on whether the owner had a duty to make the space safe and failed to meet it.
Types of Properties Covered
Texas premises liability laws apply to many kinds of property, including:
- Stores, restaurants, and gas stations
- Apartment complexes and rental homes
- Private homes and ranches
- Schools and daycare centers
- Public parks, sidewalks, and government buildings
- Parking garages and lots
It doesn’t matter if the property is commercial, public, or residential. What matters is who was responsible for keeping it safe and what condition caused the injury.
Duty of Care Requirements
Property owners owe different duties depending on why the injured person was on the property. The law looks at whether the owner knew or should have known about the hazard and what actions they took to prevent harm. Owners must warn visitors about known risks and correct dangerous conditions in a reasonable time.
Common Types of Premises Liability Cases
Many kinds of accidents fall under premises liability. The common thread is that they happen because someone didn’t take proper care of a location.
Slip and Fall Accidents
Wet floors, uneven tiles, icy walkways, and poor lighting can lead to serious falls. Slip and fall injuries often happen in grocery stores, restaurants, and apartment complexes.
Inadequate Security Claims
Property owners must take reasonable steps to protect visitors from foreseeable crimes. This includes having working locks, proper lighting, and trained security personnel in certain areas. If someone is attacked or robbed in a place that lacks proper safety measures, the owner may be held responsible.
Swimming Pool Accidents
Pools require special safety steps. These include fences, warning signs, covers, and adult supervision in some cases. Drownings and injuries often happen when owners cut corners or ignore pool safety laws.
Structural Defects and Maintenance Issues
Old staircases, broken railings, leaking roofs, and cracked sidewalks pose serious risks. When these problems go unfixed, people can fall, trip, or suffer crushing injuries.
Parking Lot and Stairway Accidents
Poor lighting, lack of maintenance, and broken safety features in stairwells and parking lots are common causes of injury. These areas should be well-maintained to prevent avoidable harm.
Texas Premises Liability Laws and Regulations
Texas has specific rules that apply to premises liability claims. These laws help determine who’s responsible and how much compensation might be available.
Texas Civil Practice and Remedies Code
This law governs most personal injury cases in Texas, including premises liability. It outlines what must be proven to hold a property owner liable and what limits might apply to damage awards.
Comparative Negligence Rules
Texas uses a rule called “modified comparative negligence.” If you were partly responsible for the accident, your compensation could be reduced by your percentage of fault. If you’re more than 50% at fault, you can’t recover any damages.
Statute of Limitations
Texas gives injured people two years from the date of the accident to file a lawsuit. Waiting too long can prevent you from taking legal action at all.
Notice Requirements
If claims involve government property, you must notify the government agency within a specific period, sometimes within just a few months. Missing that deadline can end your case before it begins.
Who Can Be Held Liable in Texas Premises Liability Cases?
More than just the property owner may be responsible. Anyone with control over the condition of the property could potentially be held accountable.
Property Owners
This includes homeowners, commercial landlords, and corporations. Owners must regularly inspect and maintain their property and address known hazards.
Property Managers
If a management company oversees the property, it may bear responsibility for keeping the space safe. This is common in apartment complexes and office buildings.
Tenants and Lessees
When renters or commercial tenants control the part of the property where the injury happened, they may be the ones legally responsible.
Business Operators
Store owners and franchisees often control operations on-site and must keep those areas safe for shoppers, clients, and vendors.
Government Entities
City, county, and state agencies must maintain sidewalks, courthouses, schools, and public buildings. Suing a government body involves different rules and timelines than suing a private business or person.
What Must Be Proven in a Texas Premises Liability Case?
Winning a premises liability claim in Texas requires showing more than just an injury. Your lawyer must prove that someone else’s carelessness caused your harm.
Duty of Care Elements
Your attorney must first show that the property owner or operator owed you a duty. For example, store owners owe a duty to keep their premises safe for shoppers.
Breach of Duty
Next, your lawyer must show that the responsible party didn’t meet that duty. Maybe they ignored a leaky freezer, failed to repair broken steps, or skipped security checks.
Causation Requirements
The breach must have caused your injury. If a store failed to fix a wet floor and you slipped and hurt your back, your attorney must clearly show that link.
Damages Documentation
Your lawyer also needs to prove the harm you suffered. That may include hospital bills, lost income, rehabilitation costs, and how the injury has affected your everyday life.
Types of Damages Available in Texas Premises Liability Claims
The goal of these claims is to recover the full value of your losses. Different types of damages may be available depending on your situation.
Economic Damages
These include things like:
- Medical bills
- Lost wages
- Future medical treatment
- Reduced ability to earn income
Economic damages are generally supported by documents like pay stubs, invoices, and medical records.
Non-Economic Damages
These cover more personal losses, such as:
- Pain
- Discomfort
- Disfigurement
- Loss of quality of life
They’re harder to put a dollar value on but are just as real.
Punitive Damages (When Applicable)
In rare cases, the court may award punitive damages to punish especially reckless or dangerous behavior, such as hiding known hazards.
Wrongful Death Damages
When someone dies due to a property-related hazard, their family may recover funeral costs, loss of income, and loss of companionship.
How Do Texas Courts Classify Visitors?
Your legal rights depend on why you were on the property. The law sorts visitors into three groups.
- Invitees: Invitees are people invited onto the property for the owner’s benefit, like customers in a store. Owners owe invitees the highest duty of care.
- Licensees: Licensees are on the property with permission but for their own reasons, like social guests. Owners must warn licensees of known dangers.
- Trespassers: Trespassers enter without permission. Owners usually don’t owe them much of a duty, but they can’t deliberately harm them. Special rules apply for child trespassers if something on the property was likely to attract them, such as a pool or trampoline.
Impact on Legal Rights
Your classification can shape whether you have a claim and how strong it is. For example, a business guest usually has stronger legal protections than someone who sneaks into a restricted area.
Challenges in Texas Premises Liability Cases
These cases often come with roadblocks. Having a strong legal team can make a difference.
Insurance Company Tactics
Insurers often downplay injuries, blame victims, or delay claims. Their goal is to pay as little as possible, not to make things right for you.
Proving Negligence
Owners often deny knowing about the danger or argue they didn’t have time to fix it. Proving they should have known about the hazard takes evidence and investigation.
Comparative Fault Defenses
Defendants may argue that you weren’t paying attention or caused your own injury. These arguments can reduce the amount they must pay.
Evidence Preservation Issues
Key evidence like surveillance video or incident reports might disappear quickly. Gathering proof as early as possible helps build a stronger case.
How Our Attorneys Can Help
At Cowen | Rodriguez | Peacock, we know what it takes to move a premises liability case forward. We work directly with you and take the pressure off so you can focus on healing.
Case Investigation and Evidence Gathering
We collect records, interview witnesses, take photos, review inspection logs, and secure any video footage available.
Expert Witness Coordination
We work with building inspectors, safety professionals, and medical experts to support your claim and explain what went wrong.
Insurance Negotiations
We handle all communication with insurance companies and push for the maximum compensation available. If they stall or refuse to be fair, we’re ready to act.
Trial Representation
If the at-fault party won't resolve the case fairly, we prepare your case for court and present it to a judge or jury.
Medical Treatment Coordination
We help connect you with providers, including those who accept payment after a settlement, so you can get the care you need now.
Why Choose Our Firm
Premises liability cases are part of what we do at Cowen | Rodriguez | Peacock. We know the law, the courts, and how to build a strong claim.
Experience with Texas Premises Liability Law
Our team understands the rules that apply in these cases and how to prove owner responsibility.
Track Record of Successful Settlements and Verdicts
We’ve helped many clients recover the compensation they needed to move forward.
No Fee Unless We Recover Compensation
You don’t pay anything unless we help you recover money. That includes both settlements and court awards.
Personalized Attention and Communication
You’ll hear from us regularly. We keep you updated and involved so you’re never left wondering what’s going on.
Resources for Complex Cases
We have the staff, financial resources, and legal knowledge to take on tough opponents and see your case through.
Frequently Asked Questions About Texas Premises Liability Claims
What if I was partially at fault for my accident?
You can still recover compensation if you’re less than 51% responsible. However, your amount will be reduced by your percentage of fault.
Do I need to report my accident to the property owner?
Yes, report the accident as soon as possible. This creates a record and helps preserve evidence.
What if the property owner doesn't have insurance?
You can still file a lawsuit. Sometimes other parties, like management companies or businesses operating on the property, may also be liable.
Can I sue for a premises liability accident on government property?
Yes, but special rules apply. You must file a notice within a short period and meet other legal requirements. These cases need quick action.
Contact Our Premises Liability Attorneys in Texas Now
Time matters in a premises liability case. Evidence disappears. Witnesses forget details. Deadlines pass. If someone else’s carelessness hurt you or someone you love, don’t wait.
Call Cowen | Rodriguez | Peacock today at (210) 941-1301 for a free, confidential consultation. We’ll review your case and explain your next steps. There’s no cost to speak with us, and we’re ready to get to work for you.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.