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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Premises Liability in Texas

Premises liability law is tricky to understand since there are many factors affecting each case. Whether it's a slip-and-fall or dog bites, getting injured while being on someone else's property is a serious problem.

In some cases, the victim may file a premises liability claim with the property owner's insurance company. Premises liability lawsuits can get the victim compensation to cover physical and emotional damages.

Here's a detailed guide on how premises liability claims work in Texas, including details of the legal responsibility of both the victim and property owner, which options are available for the injured person, and why hiring an experienced attorney is the best option for handling these cases. They also know how to file a lawsuit for nursing home abuse in Texas.

What Is "Premises Liability"?

What Is "Premises Liability"?

Premises liability refers to the responsibility that owners have over their properties. It establishes all the rules they must follow to ensure that their property is safe for any visitors.

Some of these rules include:

  • Removing hazards from the property

  • Letting visitors know about potential hazards or aggressive pets

  • Inspecting the property regularly

Texas law establishes three visitor categories that apply to these premises liability guidelines. In other words, these are the people who can get legal protection if they get injured on the owner's property:


These are the ones who can enter another person's property because they have permission. They include guests at a hotel/hostel, customers at a store, etc.

Invitees have the highest level of legal protection. Property owners must ensure their property is completely safe for these people to enter. They also must warn visitors of any potential hazards that may be around.


Licensees are people who enter another person's property for non-business matters. They include home visitors and delivery workers.

Even though licensees also have a high degree of protection, property owners don't have to take extra steps to ensure the safety of the property. This includes actively maintaining the property to ensure other people's safety.


Trespassers are people who enter another person's property without permission. They're only protected by law if they get injured due to an intentional act by the property owner.

How to Start a Premises Liability Case in Texas

Personal injury law requires owners to have a reasonable duty of care to protect visitors. Unfortunately, not all property owners know about these laws, which can lead to unfortunate accidents.

Those who get injured on someone else's property and believe it was due to the owner's negligence may file a personal injury lawsuit to seek damages.

Here's how to file a lawsuit for premises liability in Texas:

  • Seek medical help.

  • Document the event as thoroughly as possible. This includes photos, videos, and testimonies from witnesses.

  • Talk to the owner to see if they're willing to negotiate a reasonable settlement.

  • Contact a personal injury lawyer if the people involved can't settle.

Even though it may seem simple to file a personal injury claim, it's often hard to determine whether the owner owed a duty of care to the victim, among other factors.

Hiring a premises liability lawyer ensures the victim has all the information and evidence necessary to come up with a reasonable plan. This allows them to get as much compensation as possible for their damages.

What Are the Most Common Premises Liability Cases in Texas?

There are many types of premises liability cases in Texas, although the circumstances surrounding them will vary on every occasion.

Some of these cases include:

  • Slips and falls

  • Accidents due to poor lighting

  • Poor security measures that result in injuries

  • Trips and falls caused by obstacles

  • Swimming pool accidents

  • Animal attacks

  • Elevator accidents

  • Falls from elevated areas like staircases

  • Fires and explosions due to a lack of protective equipment or measures

  • Car collisions and pedestrian injuries in garages or parking lots

Who Is Liable in a Premises Liability Case?

Victims can hold different parties liable for their injuries, including:

  • Property owners

  • Property managers

  • Contractors

  • Tenants

  • Government entities

Of course, it's crucial to evaluate all contributing factors to the case to determine who was at fault for the victim's injuries.

What should victims do to prove negligence? Essentially, they must show that the defendant knew (or should have known) about the hazards or dangerous conditions that caused the accident on their property.

If the victim can prove that the defendant failed to address these conditions and that the decision led to the accident, they could recover damages with the lawsuit.

About Comparative Negligence Laws in Texas

Texas works with a modified comparative negligence rule. It establishes that the victim's compensation could be reduced if they're found partially responsible for the accident.

If a person, for example, falls because of a wet floor in a store, they could sue the owner. However, if the owner had a sign that warned the victim of the wet floor, and they didn't pay attention to it, they could be found partially at fault.

The damages will be reduced according to their percentage of fault. This means that if they were found 20% at fault, that amount would get removed from their compensation.

It's crucial to talk to a professional premises liability attorney before starting the legal process. This will allow the victim to determine how much they could realistically get for their case.

How Much Time Do Victims Have to File a Premises Liability Lawsuit?

Texas has a two-year statute of limitations for a premises liability case. Victims have two years from the time they got the injury to file their claim. Otherwise, their case could get dismissed.

Regardless of the circumstances, the victim should seek legal representation as soon as possible to avoid losing vital evidence or testimony that could support their claims.

Bottom Line - Work with an Experienced Premises Liability Attorney

Bottom Line - Work with an Experienced Premises Liability Attorney

Even a slip-and-fall accident can be fatal for people. Premises liability cases tend to be among the most confusing ones in personal injury law, so it's always a great idea to seek legal advice from a professional. They are also able to help with how to file a lawsuit for workers compensation in Texas.

The experts at Schuerger Shunnarah Trial Attorneys are committed to proving the property owner's negligence and seeking enough compensation to pay for the victim's medical treatment.

A free consultation with the firm can help victims determine whether they have a case to work on and how to get started. Those interested can get started today.


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