Texas Premises Liability Lawyer

• You must prove four things as an invitee. The owner knew or should have known of an unreasonably dangerous condition, failed to fix or warn, and that failure caused your injury.
• Your status on the property matters. Customers, social guests and trespassers are owed different duties.
• Owners usually owe no duty for open and obvious dangers. The courts recognize two exceptions.
• Crimes on the property can create liability. The crime must have been foreseeable.
• Video disappears quickly. A prompt preservation letter can make the difference.

Our city teams handle premises cases across Texas:

• Houston, Dallas, San Antonio and Austin
• Laredo, McAllen, Harlingen and Brownsville

We also handle specific claims statewide, including slip and falls, dog bites, swimming pool accidents, negligent maintenance, elevator accidents and electrocution.

The Supreme Court of Texas has repeatedly listed the elements a customer or other invitee must prove, most recently in cases such as Pay and Save v. Canales (2024):

• The owner had actual or constructive knowledge of a condition on the premises
• The condition posed an unreasonable risk of harm
• The owner did not use reasonable care to reduce or eliminate the risk
• That failure proximately caused the injury

Courts take the “unreasonably dangerous” element seriously. In United Supermarkets v. McIntire (2022), a small parking-lot divot was held not unreasonably dangerous. Strong evidence about the hazard is essential.

Who You Were on the Property

• Invitees, such as customers, are owed a duty to make safe or warn of concealed dangers the owner knows or should know about, under Austin v. Kroger (2015).
• Licensees, such as social guests, are owed a duty about dangers the owner actually knows of and the guest does not.
• Trespassers are owed only a duty not to be injured willfully, wantonly or through gross negligence.

Open and Obvious Dangers

An owner usually owes no duty for a danger that is open and obvious or known to the invitee. Austin recognized two exceptions: crimes on the property and dangers a person must necessarily use or pass. Whether a danger is open and obvious is judged objectively.

Negligent Security

Owners can be liable for foreseeable crimes. Courts weigh how close, recent, frequent, similar and publicized past crimes were, as discussed in Del Lago Partners v. Smith (2010).

• Deadline: Most claims must be filed within two years under § 16.003.
• Shared fault: You cannot recover if you were more than 50% responsible, under § 33.001. Otherwise your award is reduced by your share.
• Government property: Under § 101.022, governments generally owe the licensee duty unless you paid to use the property. Notice is due within six months, and cities are capped at $250,000 per person. Premises claims against school districts are generally barred.
• Free recreational land: Under § 75.002, owners who allow free recreation usually owe only a trespasser-level duty.
• Video and evidence: In Brookshire Bros. v. Aldridge (2014), a slip-and-fall case, the Court explained when lost video can affect a trial. Sending a preservation letter quickly protects your case.

Call 956-982-1800 for a free consultation. There is no fee unless we win.