In Texas, premises liability is a legal concept that holds a property owner or manager responsible for injuries caused by an unsafe condition on their property.
This applies if the owner knew, or reasonably should have known, about the hazard and failed to fix it or provide adequate warning. Proving this requires showing the owner had a legal duty of care and that their failure to meet that duty directly caused your injury.
The challenge is that the owner’s responsibility changes depending on why you were on the property. Texas law classifies visitors into three categories—invitees, licensees, and trespassers—and a different level of care is owed to each.
If you were injured on someone’s property and have questions about your situation, call our team at Cowen | Rodriguez | Peacock for a straightforward conversation about your rights. Our number is (210) 941-1301.
Key Takeaways for Texas Premises Liability Claims
- Your visitor status determines the property owner's responsibility. Texas law classifies you as an invitee, licensee, or trespasser, and the owner's duty of care changes for each category.
- Proving negligence is essential for a successful claim. You must show the property owner knew or should have known about the unsafe condition that caused your injury and failed to take reasonable action.
- You have two years to file a lawsuit. The Texas statute of limitations is strict, and waiting too long jeopardizes your right to compensation as evidence disappears quickly.
How Does Texas Law Determine Who Is Responsible for an Injury?
It may seem straightforward—you were hurt on someone else's property, so they should be responsible. However, Texas law first looks at your reason for being there. The answer determines the property owner's legal obligation to you.
The Three Categories of Visitors Explained
The three categories are:
- Invitee: This is someone on the property for the owner's commercial benefit, like a customer in a grocery store or a client in an office. Property owners owe invitees the highest duty of care. They must actively inspect for, repair, and warn about any known or reasonably discoverable dangers. An example of this would be if you slip on a spilled liquid at H-E-B; as a customer, you are an invitee, and the store is responsible for regularly checking the aisles for hazards.
- Licensee: This is a social guest, like a friend you’ve invited to your home for dinner. The owner must warn a licensee of known dangers but does not have a duty to inspect for unknown ones. If a friend comes over and trips on a broken step you knew about but didn’t mention, you could be liable.
- Trespasser: This is someone on the property without permission. The owner’s only duty is not to intentionally harm them.
Exception for Children: The "Attractive Nuisance" Doctrine
Texas law makes an exception for children who are trespassing. If a property has something that might attract a child (like an unfenced swimming pool, which has been a point of debate in Bexar County) the owner has a duty to prevent foreseeable harm to them. This is also called the "attractive nuisance" doctrine. The law recognizes that a child may not understand the risks involved, and it places a responsibility on the property owner to secure such hazards.
How We Establish the Property Owner’s Duty to You
Our role is to gather the evidence that defines your visitor status and demonstrates the duty of care you were owed. We investigate the circumstances of your visit to build a clear case showing the property owner knew or should have known about the hazard that injured you.
What Are the Most Common Types of Premises Liability Claims in San Antonio?
Injuries happen anywhere, from the River Walk to a warehouse floor. While "slip and fall" is the most common example, premises liability covers a wide range of incidents.
In Texas, falls, slips, and trips accounted for 16% of all fatal occupational injuries in one recent year. But many other hazards exist.
Specific Examples of Premises Liability Cases We Handle
- Slip and Fall Incidents: These are frequently caused by spills in grocery stores, icy walkways after San Antonio's unpredictable winter storms, or poorly maintained floors in restaurants.
- Trip and Fall Accidents: These are caused by broken pavement, unmarked steps, cluttered aisles, or poor lighting in parking lots.
- Negligent Security: When a business fails to provide adequate security, like proper lighting, security cameras, or personnel, leading to an assault or robbery.
- Dog Bites: An owner's failure to properly restrain their dog, leading to an attack.
- Swimming Pool Accidents: Injuries resulting from a lack of proper fencing or supervision, a major focus of the attractive nuisance doctrine in Texas.
- Construction and Worksite Injuries: With rising development in San Antonio's urban core, injuries in construction zones are increasing. This also includes injuries at large distribution centers.
A significant area of our practice involves injuries on commercial properties, including those involving delivery and distribution companies. For instance, if a delivery driver for a company like Amazon or UPS is injured due to an unsafe condition at a warehouse, or if a FedEx worker is hurt by improperly stacked cargo, that falls under premises liability.
The owner of the facility has a duty to maintain a safe environment for everyone who enters the property for business purposes. Under Texas law, specific rules apply when injuries involve independent contractors on a property, which requires a careful analysis of who controlled the work environment.
Your Injury Deserves to Be Taken Seriously
No matter how your injury occurred, if it was due to a property owner's negligence, you may have a claim. We will help you determine the specific type of San Antonio premises liability case you have.
What Do You Have to Prove to Win a Premises Liability Case in Texas?
To build a successful premises liability claim, we must prove four specific things.
The Four Elements of a Successful Claim
- A Legal Duty Existed: We first establish that the property owner owed you a duty of care based on your status as an invitee or licensee.
- The Duty Was Breached: We then show that the property owner failed in that duty. This means they knew or should have known about a dangerous condition but did nothing to fix it or warn you about it.
- The Breach Caused Your Injury (Causation): We must directly link the property owner’s failure to your injury. The evidence must show that the hazardous condition was the cause of the accident.
- You Suffered Damages: Finally, we document the harm you have suffered. This includes medical bills, lost income, pain and suffering, and other measurable losses.
What if They Argue It Was Your Fault? The 51% Rule in Texas
The property owner's defense will try to shift blame to you. They might argue you were not paying attention or were in an area you shouldn't have been.
Texas uses a legal rule called modified comparative fault. This means:
- If you are found to be 50% or less at fault, your compensation is reduced by your percentage of fault.
- If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.
Our work involves protecting you from unfair blame. We gather evidence to show the property owner was primarily responsible and ensure fault is not unjustly assigned to you.
What Is the Time Limit to File a Premises Liability Lawsuit in San Antonio?
Texas law sets a strict deadline for taking legal action after an injury. This is known as the statute of limitations.
The Clock Is Ticking
In most Texas premises liability cases, you have two years from the date of the injury to file a lawsuit. If you miss this deadline, you lose your right to pursue compensation through the courts, no matter how strong your case is.
This deadline feels distant, but building a strong case takes time. Evidence disappears, witnesses' memories fade, and video surveillance footage is typically erased within weeks.
Acting Promptly Protects Your Rights
Contacting a lawyer soon after your injury allows for a timely investigation to begin. We send spoliation letters to preserve evidence, interview witnesses, and document the scene before it is altered. This proactive approach puts you in the strongest position to pursue the full compensation available under the law.
Premises Liability in Apartment Complexes and Rental Units
If you were injured in your apartment complex, your claim may fall under premises liability law, but only if certain legal conditions are met. In Texas, landlords, property managers, and even third-party contractors can all bear responsibility depending on where and how the hazard occurred.
Who Is Liable: Landlord, Property Manager, or Third Party?
Texas law treats landlords like any other property owner. They have a legal duty to maintain reasonably safe conditions in common areas—places like stairwells, walkways, parking lots, hallways, and laundry rooms. When they fail to repair a known hazard or respond to complaints about unsafe conditions, they may be held responsible.
Examples of apartment common-area injuries that may lead to a valid claim:
- Slipping on water from a leaking pipe in a shared hallway
- Falling down stairs with a loose handrail reported weeks earlier
- Being assaulted in a parking lot with broken security gates and no lighting
If the danger was created by a contractor (say, an improperly installed light fixture that later causes a fall), we may also pursue liability against that company.
Inside Your Unit: When Is the Landlord Still Liable?
Landlords generally have less responsibility for injuries inside your apartment, unless:
- The hazard existed before you moved in
- You notified management about the issue, and they failed to act
- The defect violated building codes or safety regulations
If, for example, you reported a soft spot in the floor and the landlord ignored it, and that area later collapsed causing injury, you likely have a claim.
However, injuries caused by your own actions or personal items, such as tripping on clutter, typically do not qualify.
Maintenance and Repair Requests Matter
Texas courts often look at whether the landlord had:
- Notice: Did they know (or should they have known) about the hazard?
- Opportunity: Were they given a reasonable time to fix it?
- Response: Did they take meaningful steps to make the area safe?
This is why we collect:
- Written maintenance requests
- Texts or emails to building managers
- Prior complaints from other tenants
- City code violation records
These documents help show that the property owner failed to address a known danger, which is the foundation of your case.
Special Considerations for Renters in San Antonio
Due to rapid population growth, many apartment complexes in San Antonio are owned by out-of-state investment firms. These landlords often hire third-party property management companies who cut corners to save costs.
We investigate:
- Whether the management company followed standard safety inspection protocols
- If previous injury claims were made against the same property
- Whether cost-cutting measures (like undertrained staff or skipped repairs) contributed to unsafe conditions
This broader pattern of negligence can increase settlement value, especially if multiple tenants were put at risk.
Frequently Asked Questions About San Antonio Premises Liability Claims
What if I was injured at a friend's or family member's home?
Remember, you are not suing your loved one directly. You are typically filing a claim against their homeowner's insurance policy, which exists for this exact purpose.
Can I file a claim if I was injured on government property in San Antonio?
Yes, but the rules are different and the deadlines are much shorter. Under the Texas Tort Claims Act, you must provide formal notice of your claim to the government entity, sometimes in as little as six months.
How much is my premises liability case worth?
The value depends entirely on the specifics of your case, including the severity of your injuries, the total of your medical bills and lost wages, and the degree of the property owner's negligence. We will give you a clearer picture after reviewing the details of your situation.
Do I have to go to court to get compensation?
Not necessarily. Many premises liability cases are settled through negotiations with the insurance company. However, we prepare every case as if it will go to trial to ensure we are negotiating from a position of strength.
The property owner's insurance adjuster called me. What should I do?
You are not obligated to give a recorded statement. It is best to politely decline and direct them to your attorney. Their goal is to protect their business, which may involve looking for information to minimize or deny your claim.
Let Us Help You Move Forward
You were hurt because a property owner failed to keep their premises safe. Now, you're left dealing with the consequences while they are protected by their insurance company. You don’t have to face this process alone.
Our firm, Cowen | Rodriguez | Peacock, handles injury claims for families across San Antonio and Bexar County. We understand the challenges people here face after an unexpected injury.
If you’re ready to discuss your options, we are here to listen. Call us at (210) 941-1301 for a no-cost consultation.