Premises Liability in Texas (2025)

What Kinds of Injuries & Hazards Qualify Under Texas Premises Liability?

The hazards and injuries that might qualify for a premises liability case depend on how they occurred. In other words, an apartment fire is not always grounds for a burn injury claim. However, it could support a claim if the fire resulted from faulty wiring known to the building owner.

These injuries and dangerous conditions could provide a basis for a premises liability case:

• Fires, burns, and smoke inhalation
• Slick floors
• Tripping hazards
• Defective wiring and electrocutions
• Inadequate security

Whether a case involves a trip and fall in the parking lot or an electrocution in the bathroom, the same legal principles apply.

Legal Duties of Texas Property Owners to Visitors

The legal duties of property owners depend on whether the visitor was an invitee or a trespasser. For guests, property owners and managers must take reasonable steps to identify hazards and either fix them or warn of their existence.

The duties to trespassers are narrower. Texas law only requires people to refrain from injuring trespassers willfully, wantonly, or with gross negligence. Thus, property owners cannot set traps on their premises to injure trespassers.

How to Prove Negligence in a Texas Premises Liability Claim

Proof of negligence often depends on who knew about the hazard and when they knew about it. Examples of evidence that may help prove premises liability in Texas include witness statements, security video, and internal emails discussing the hazard.

Time Limits for Filing in Texas

Plaintiffs generally have two years from the date of their accident to bring a lawsuit for premises liability in Texas.

Common Owner Defenses & How They’re Applied in Texas Courts

The most common defenses to premises liability in Texas are that the landowner acted reasonably and that the injured person caused their accident. For example, suppose you were looking at your phone when you stepped into a pothole and broke your ankle. The property owner could argue that your negligence caused your injury.

Steps to Take Immediately After You’re Injured on Someone Else’s Property

After an injury, you should document the property’s condition, including any warning signs. Also, get the names and contact information of anyone who witnessed the accident.

Finally, consider hiring a Texas personal injury lawyer for your case. An attorney knows how the law applies to premises liability in Texas.

ConsumerShield can help you understand your rights and find a trusted local lawyer for your case. Contact us for a free case evaluation and legal referral today.