What is Premises Liability Under Texas Law
Premises liability is the area of law that holds property owners and occupiers responsible when dangerous conditions on their property cause injury to others. In Texas, this body of law is rooted in common law principles that the Texas Supreme Court has refined over decades.
The fundamental question in every premises liability case is whether the property owner knew or should have known about a dangerous condition and failed to take reasonable steps to fix it or warn visitors about it. But the answer to that question depends heavily on why the injured person was on the property in the first place.
The Three Categories of Visitors in Texas
Texas premises liability law classifies visitors into three categories, each carrying a different level of duty from the property owner. Understanding which category applies to your situation is critical to evaluating your claim.
Invitees
An invitee is someone who enters a property with the owner's knowledge and for the mutual benefit of both parties. The most common example is a customer entering a store, restaurant, or other business. You are also an invitee when you visit a hotel, attend an event at a venue, or use a public facility that is open to the general public.
Property owners owe the highest duty of care to invitees. Under Texas law, the owner must inspect the premises for dangerous conditions, repair or warn of known hazards, and exercise reasonable care to protect invitees from foreseeable risks. The Texas Supreme Court articulated this standard in *Corbin v. Safeway Stores, Inc.*, 648 S.W.2d 292 (Tex. 1983).
Licensees
A licensee is someone who enters a property with the owner's permission but for the visitor's own purposes rather than for the mutual benefit of both parties. A social guest visiting a friend's home is the most common example. Someone who enters a property to take a shortcut with the owner's tacit permission would also be a licensee.
The duty owed to a licensee is lower than the duty owed to an invitee. The owner must not injure a licensee through willful, wanton, or grossly negligent conduct. The owner must also warn of or make safe any dangerous condition that the owner knows about and that the licensee is unlikely to discover on their own.
Trespassers
A trespasser is someone who enters a property without permission or legal right. Property owners owe the lowest duty of care to trespassers. Generally, the only duty is to refrain from injuring a trespasser through willful, wanton, or grossly negligent conduct.
However, Texas law recognizes an important exception for child trespassers under the attractive nuisance doctrine. If a property owner knows or should know that children are likely to trespass and the property contains a condition that poses an unreasonable risk to children (such as an unfenced swimming pool, construction equipment, or abandoned machinery), the owner may be liable for injuries to child trespassers.
Common Premises Liability Scenarios in Texas
Slip and Fall Accidents
Slip and fall cases are among the most common premises liability claims. Wet floors in grocery stores, icy sidewalks at apartment complexes, uneven pavement in parking lots, and spills left unattended in restaurants all create dangerous conditions that can cause serious injuries.
To prevail in a Texas slip and fall case, you must generally show that the property owner knew about the hazardous condition (or should have known through reasonable inspection) and failed to address it within a reasonable time.
Inadequate Security
Property owners who invite the public onto their premises may have a duty to provide adequate security against foreseeable criminal acts. Apartment complexes, hotels, shopping centers, parking garages, and entertainment venues may all face liability if they fail to provide reasonable security measures and a visitor is injured by a criminal act that was foreseeable based on the property's history.
The Texas Supreme Court addressed the scope of this duty in *Timberwalk Apartments, Partners, Inc. v. Cain*, 972 S.W.2d 749 (Tex. 1998), establishing that foreseeability of criminal conduct is a key element.
Swimming Pool Accidents
Texas has strict regulations governing swimming pools, especially at commercial properties. Failure to maintain proper fencing, safety equipment, depth markers, or supervision can create liability when a drowning or near-drowning occurs.
Structural Defects
Broken stairs, defective elevators, collapsing ceilings, unstable railings, and other structural failures can cause catastrophic injuries. Property owners who defer maintenance on structural components of their buildings put every visitor at risk.
Proving Your Premises Liability Case
To succeed in a Texas premises liability claim, you generally must prove the following elements.
- The defendant owned, occupied, or controlled the property
- A dangerous condition existed on the property
- The defendant knew or should have known about the condition
- The defendant failed to exercise reasonable care to reduce or eliminate the risk
- The dangerous condition was the proximate cause of your injuries
- You suffered actual damages
Gathering evidence is critical. Photographs of the dangerous condition, incident reports filed with the property owner, surveillance camera footage, maintenance records, and witness statements all strengthen your case.
Comparative Fault in Premises Liability Cases
Texas follows a modified comparative fault system. Under Chapter 33 of the Texas Civil Practice and Remedies Code, the jury can assign a percentage of fault to each party. If you are found to be more than 50 percent at fault for your own injuries, you cannot recover any damages. If you are 50 percent or less at fault, your damages are reduced by your percentage of responsibility.
Insurance companies frequently use comparative fault to argue that the injured person should have seen the dangerous condition and avoided it. An experienced premises liability attorney knows how to counter these arguments by focusing on the property owner's duty to inspect, maintain, and warn.
The Statute of Limitations
Under Section 16.003 of the Texas Civil Practice and Remedies Code, you have two years from the date of your injury to file a premises liability lawsuit. Failing to file within this window permanently bars your claim.
Contact Medina and Medina for a Free Consultation
If you were injured on someone else's property in Texas, Medina and Medina will investigate the dangerous condition, identify the responsible parties, and fight for full compensation. Call us at (512) 883-0012. You pay nothing unless we win.
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Sobre el Autor
Israel MedinaSocio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.
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