Premises Liability in Houston
Houston premises cases turn on whether the owner had actual or constructive knowledge of the hazard. Surveillance footage is the single most important piece of evidence and gets overwritten on 30-day retention schedules. We send a spoliation letter within days of any premises injury we accept.
Texas law that governs premises liability cases
Where premises injuries happen in Houston
Houston's premises liability landscape spans everything from the Galleria (5085 Westheimer Rd, the 4th-largest mall in the US, just blocks from our office) to sprawling apartment complexes along Loop 610 and US-290 and the Texas Medical Center, the largest medical complex in the world, which draws roughly 160,000 visitors a day. The Timberwalk negligent-security case, already cited in Texas precedent, arose from a Houston apartment complex, and the density of large apartment stock along the inner-loop corridors makes negligent-security claims a significant Houston case category. Texas law uses the five-factor Timberwalk test: proximity, recency, frequency, similarity, and publicity of prior crimes at or near the property.
Houston's flooding hazard adds a distinct local premises risk. When flash floods fill underpasses on I-10, I-45, Loop 610, and SH 225, property owners who fail to warn invitees of known flood conditions on private premises face separate liability. New commercial and residential developments, Houston's rapid growth consistently ranks it among the fastest-expanding metros in the US, statistically carry higher defect rates in their first operating year: slick new flooring, improperly graded lots, and inadequate lighting are common early-phase hazards.
Where you're treated and where your case is filed both matter. Houston has two Level I adult trauma centers, Memorial Hermann–Texas Medical Center / Red Duke Trauma Institute (6411 Fannin St) and Ben Taub Hospital (Harris Health System, 1504 Taub Loop), both in the Texas Medical Center complex. The TMC is the largest medical complex in the world, handling over 10 million patient encounters a year. Houston-area cases are filed in Harris County's civil courts at 201 Caroline Street, Houston, TX 77002. Harris County is the most litigated personal injury venue in Texas, with 115,173 reportable crashes and 579 traffic deaths recorded in 2024 alone, more crashes than any other county in the state by a factor of two.
What we investigate in a Houston premises liability case
- Galleria (5085 Westheimer Rd), 4th-largest US mall; high-volume slip-and-fall and parking-garage venue
- Texas Medical Center (largest medical complex in the world; ~160,000 visitors a day), adjacent commercial premises liability
- Houston flooding: flash-flood underpasses on I-10, I-45, Loop 610 create property-owner duty-to-warn exposure
- Timberwalk negligent-security test (5 factors), apartment-complex crime litigation is a major Houston category
Common injuries we see in Houston
- Fractures (hip, wrist, ankle, spine)
- Traumatic brain injuries from falls
- Spinal cord injuries
- Soft tissue / disc injuries
- Lacerations and crush injuries
- Drowning / near-drowning injuries
- Assault injuries (negligent security cases)
- Long-term disability
Compensation we pursue
- Past and future medical care
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Disfigurement and disability
- Future surgical procedures
- Rehabilitation and therapy
- Loss of consortium
Frequently asked questions for Houston clients
What is premises liability under Texas law?
It holds a property owner responsible when an unsafe condition causes injury, provided the owner knew or should have known about the hazard. Texas distinguishes between invitees, licensees, and trespassers, each owed a different duty of care.
How do I prove a Houston slip and fall case?
You must prove the owner had actual or constructive knowledge of the dangerous condition, the condition posed an unreasonable risk, the owner failed to use reasonable care, and that failure caused your injury. Wal-Mart v. Reece, 81 S.W.3d 812 (Tex. 2002) is the leading case.
What if I was hurt at an apartment complex due to poor security?
That's a "negligent security" subcategory of premises liability, major Texas litigation area especially after Timberwalk Apartments v. Cain, 972 S.W.2d 749 (Tex. 1998). If prior crimes put the owner on notice and adequate security wasn't provided, owners can be liable for assaults that occur on the property.
I slipped at a Houston store or parking garage, do I have a case?
Potentially yes. Texas law requires showing the hazard existed long enough for the owner to find and fix it, what courts call 'constructive notice.' Surveillance video, maintenance logs, and any prior incident reports are the evidence. The Galleria and major retail centers on Westheimer and Loop 610 have extensive camera systems, but footage is often overwritten within 30 days. Acting fast matters.
Can I sue a Houston apartment complex if I was attacked on the property?
Yes, if the attack was foreseeable. Texas's Timberwalk test asks whether prior crimes at or near the property (proximity, recency, frequency, similarity, publicity) put the owner on notice. Broken gates, disabled cameras, inadequate lighting, and ignored prior incident reports are the building blocks of a negligent-security claim against an apartment owner or commercial property manager.
Court venue for Houston cases
Personal injury cases arising in Houston are typically filed in Harris County (county seat: Houston), in the District Courts or County Courts at Law. We're familiar with the local procedures and carrier tendencies in this venue.
Getting from Houston to our Houston office
Our Galleria-area office is in the heart of Houston at 2401 Fountain View Dr, Suite 830, minutes from downtown, the Medical Center, and the 610 Loop.
Newman Injury Law
2401 Fountain View Dr, Suite 830
Houston, TX 77057
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