Premises Liability in Texas (2026)

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.

Who Can Be Held Liable in a Texas Premises Liability Case?

Liability for on-premises injuries does not fall solely on property owners. While an owner is usually liable for hazardous conditions on their premises, other parties might be liable in addition to, or in place of, the owner.

The key question in premises liability cases is which party had substantial control over the premises. For example, suppose you were injured in a slip and fall accident in an office building’s bathroom. If the injury occurred in a bathroom in a common area, such as the lobby, the property owner might be liable.

Conversely, a tenant might be liable for an injury in a bathroom in their office suite. The distinction arises based on which party has the responsibility for inspecting and maintaining the bathroom under the lease.

Other parties who may bear liability for injuries include:

• Property managers and management companies controlling premises under the owner’s authority
• Contractors hired for property maintenance and repairs
• Tenants responsible for the areas covered in their leases
• Manufacturers of defective products on the premises, such as water heaters

A premises liability lawyer can identify the liable party by investigating what occurred and which party had the legal responsibility over that area.

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.

Types of Compensation Available

Texas law allows you to recover economic damages and non-economic damages. Economic damages represent the financial impact of your injuries. They can include costs you incurred and income you could not earn.

Examples of economic damages include past and future bills you will pay for medical care, medication and physical therapy. It also encompasses the past wages you lost and the future income you might not earn due to long-term disabilities.

You can calculate your economic damages by adding up all the costs caused by the injuries. Your personal injury lawyer will use your financial records, such as bank statements and receipts, to prove your economic damages.

Non-economic damages are better known as pain and suffering. However, economic damages cover more than physical pain and mental suffering. These damages also compensate you for any losses that cannot be quantified financially, such as disability, disfigurement and emotional distress.

Non-economic damages are more difficult to predict. However, they depend on the duration and severity of your injuries. Serious injuries that have long-lasting or permanent effects will justify greater non-economic damages than those that can be treated or from which you will likely recover.

Texas does not cap economic or non-economic damages in premises liability cases, unlike the non-economic damages cap in medical malpractice cases.

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.