Premises Liability Claims in Texas

Understanding Premises Liability Claims in Texas

Premises liability encompasses all injuries that occur on someone else's property due to unsafe conditions in Texas. This broad category includes slip and falls, inadequate security leading to assault, swimming pool accidents, elevator and escalator injuries, parking lot incidents, stairwell falls, toxic exposure, and dog bites on the owner's property. Property owners, landlords, business operators, and property management companies all owe duties to visitors.

The Texas Supreme Court has established clear rules about what property owners must do for different types of visitors. For invitees (business customers, medical patients, hotel guests), the owner must inspect for hazards, correct dangerous conditions within a reasonable time, and warn of hazards that cannot be immediately fixed. For licensees (social guests), the owner must warn of known hidden dangers but need not actively inspect. These classifications directly impact both the strength of your claim and its potential value.

Inadequate security premises liability claims deserve special attention. When a property owner fails to provide reasonable security measures — adequate lighting, working locks, security cameras, patrol officers — and a criminal assault occurs on the property, the owner can be held liable for the victim's injuries. These claims are particularly common in apartment complexes, parking garages, hotels, and shopping centers, and they often produce the highest premises liability settlements due to the severity of intentional harm.

Under Texas Civil Practice & Remedies Code Chapter 95, specific rules apply to claims against property owners for injuries to independent contractors performing work on the property. The property owner is liable only if they exercised or retained some control over the manner in which the work was performed and had actual knowledge of the danger. This statutory framework creates important limitations that affect construction and maintenance injury claims.

Average Premises Liability Settlement Ranges in Texas

Based on analysis of Texas verdict and settlement data.

Ranges based on publicly available Texas verdict and settlement data. Actual outcomes depend on specific case facts.

Texas Law: Premises Liability Claims

Premises liability in Texas is governed by common law duties (invitee/licensee/trespasser framework) and statutory provisions including Chapter 95 (property owner liability for contractor injuries). The two-year statute of limitations (§ 16.003) applies. Comparative fault (Chapter 33) applies — if you were partially responsible for your injury, your recovery is reduced proportionally. The attractive nuisance doctrine protects child trespassers from dangerous conditions like swimming pools. Landlord duties are defined in the Texas Property Code, including requirements for functioning locks and security devices. No caps on compensatory damages apply.

Common Injuries in Premises Liability Cases

Premises Liability Claims Across Texas

We serve premises liability victims in 264 Texas cities.

Frequently Asked Questions: Premises Liability in Texas