Premises liability is one of the most misunderstood areas of Texas personal injury law. Most people think of it as "slip and fall" — wet floor, banana peel — but the real category is much broader: inadequate security at apartment complexes, drownings in unsecured pools, falling merchandise, broken stairs, exposed wiring, parking lot assaults, and unsafe construction sites all fall here.
What ties these cases together is the property owner's duty: they have to maintain reasonably safe conditions for people they invite onto the property — and warn about (or fix) hazards they know or should know about.
Texas premises liability law in plain English
The visitor's status governs the duty:
- Invitee (a customer, a paying guest) — the property owner owes a duty to use ordinary care to protect against dangers the owner knows of or should know of.
- Licensee (a social guest) — duty to warn of or fix hidden dangers the owner actually knows about.
- Trespasser — duty only to refrain from injuring willfully or by gross negligence.
Common Texas premises cases
- Slip and fall on wet floors
- Trip and fall on uneven surfaces, broken stairs
- Falling merchandise in retail stores
- Inadequate security at apartment complexes
- Swimming pool drownings & near-drownings
- Parking lot assaults
- Hotel and resort negligence
- Negligent maintenance (broken handrails, exposed wires)
- Dog attacks on someone else's property
- Construction site injuries (to non-workers)
What to do after a Texas premises injury
- Get medical attention immediately. Call 911 if needed.
- Report the incident to the property owner, manager, or store on duty. Get an incident report number.
- Photograph the hazard. The wet spot, the broken stair, the lack of warning sign — before it's cleaned up or fixed.
- Get witnesses' names & phone numbers.
- Preserve your shoes & clothing exactly as they were at the time of the fall.
- Don't sign anything the property's insurer offers before a lawyer reviews it.
- Request that surveillance footage be preserved. We typically send a spoliation letter within days — many systems overwrite in 30 days or less.
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
What is premises liability under Texas law?
Premises liability holds a property owner or possessor responsible when an unsafe condition on the property causes injury — and the owner knew or should have known about the hazard and failed to address or warn about it. Texas distinguishes between invitees, licensees, and trespassers, each owed a different duty of care under cases like CMH Homes v. Daenen, 15 S.W.3d 97 (Tex. 2000).
How do I prove a slip and fall case in Texas?
You must prove the owner had actual or constructive knowledge of the dangerous condition, the condition posed an unreasonable risk, the owner did not exercise reasonable care to reduce or eliminate the risk, and that failure caused your injury. Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002) is the leading Texas case on the constructive knowledge requirement.
Doesn't a "wet floor" sign protect the store?
Sometimes — but not always. A warning sign is evidence the store knew about the hazard, which can actually help the plaintiff. The case turns on whether the warning was adequate, properly placed, and visible. We've successfully pursued cases where signs were present but inadequately positioned, missing, or removed too soon.
What if I was injured at an apartment complex because of poor security?
This is a "negligent security" subcategory of premises liability — a major area of Texas litigation, especially after the Texas Supreme Court's decision in Timberwalk Apartments v. Cain, 972 S.W.2d 749 (Tex. 1998). If prior crimes on the property put the owner on notice and adequate security wasn't provided, owners can be liable for assaults, robberies, and worse.