If you were injured on someone else’s property in Houston, you might be facing high medical bills, missed time at work, and significant pain. Property owners in Texas have a responsibility to keep their premises safe. When they fail to do so, and you get hurt, you have the right to seek justice.

At The Super Lawyer, we understand how stressful a sudden injury can be. Whether you slipped in a grocery store or were injured due to unsafe conditions at an apartment complex, we are here to help. Our experienced legal team fights to hold negligent property owners accountable so you can focus on your recovery.

Texas Premises Liability Law Overview

Premises liability is a specific area of law that holds property owners responsible when accidents happen on their land or in their buildings due to unsafe conditions. However, under Texas law, simply getting hurt on someone’s property does not automatically mean the owner is at fault.

To have a valid claim, we must look at your legal status as a visitor. Texas law classifies visitors into three categories, and the duty of care the owner owes you depends on which category you fall into:

1. Invitees

An invitee is someone who enters a property for the benefit of the owner. This usually means business customers, such as a shopper in a retail store or a client in an office building. Property owners owe the highest duty of care to invitees. They must inspect the property for dangers and fix them or warn you about them.

2. Licensees

A licensee is someone who has permission to be on the property but is there for their own reasons, not for business. A common example is a social guest at a friend’s house or a salesperson dropping by unannounced. Owners must warn licensees of known dangers that are not obvious, but they generally do not have a duty to inspect the property for hidden defects.

3. Trespassers

A trespasser is someone who enters property without permission. Generally, owners owe the lowest duty of care to trespassers. They simply cannot intentionally harm the trespasser or set traps. However, there are exceptions, especially if the trespasser is a child.

Common Premises Liability Accidents in Houston

Premises liability covers much more than just a wet floor. Our team handles a wide variety of claims arising from dangerous property conditions. Common causes of accidents include:

• Slip and fall accidents (wet floors, spills, or icy walkways)
• Trip and fall accidents (uneven pavement, torn carpet, or loose cables)
• Negligent security (assaults or robberies in poorly lit parking lots or apartments)
• Dog bites and animal attacks
• Swimming pool accidents
• Elevator and escalator malfunctions
• Falling objects in retail stores
• Deck or balcony collapses
• Fires caused by faulty wiring

Proving Your Premises Liability Case

Winning a premises liability case requires proving negligence. We must show that the property owner knew—or should have known—about the hazard and failed to fix it. This involves establishing four key elements:

1. Duty: The owner owed you a duty of care (based on your status as an invitee or licensee).
2. Breach: The owner breached that duty by failing to maintain a safe environment.
3. Causation: The unsafe condition directly caused your injury.
4. Damages: You suffered actual harm, such as medical bills or lost wages.

Actual vs. Constructive Notice

One of the hardest parts of these cases is proving “notice.” We must prove the owner had actual notice (they saw the danger or were told about it) or constructive notice. Constructive notice means the hazard existed long enough that a reasonable owner should have discovered it during routine inspections.

Property Owner Defenses and Challenges

Insurance companies and property owners often try to avoid paying claims by shifting the blame to the victim. It is important to be prepared for common defenses, such as:

Open and Obvious Hazard

The defense may argue that the danger was an open and obvious hazard that you should have seen and avoided. For example, if there was a giant hole in the ground in broad daylight, they might say they didn’t need to warn you because it was obvious.

Contributory Negligence

Texas follows a “proportionate responsibility” rule. The other side may argue that you were distracted (like looking at your phone) or wearing unsafe shoes. If you are found to be more than 50% responsible for your own injury, you cannot recover any compensation.

Assumption of Risk

This defense argues that you knew the activity was dangerous and chose to participate anyway. This is common in cases involving recreational activities or sports.

Compensation You May Recover

If you have been seriously injured, you deserve compensation to help you get your life back on track. Depending on the details of your case, you may be able to recover damages for:

• Medical expenses: Emergency room visits, surgeries, physical therapy, and future medical needs.
• Lost wages: Paychecks you missed while recovering from your injury.
• Loss of earning capacity: If your injury prevents you from returning to your old job.
• Pain and suffering: Physical pain and emotional distress caused by the accident.
• Disfigurement or scarring: Compensation for permanent physical changes.

Statute of Limitations and Next Steps

Time is limited when filing a lawsuit. Under the Texas Civil Practice and Remedies Code, the statute of limitations for personal injury cases is generally two years from the date of the accident. If you wait too long, you will lose your right to sue.

What to Do After an Accident

To protect your rights, try to take these steps immediately after an injury:

• Seek medical attention: Go to a doctor even if you feel okay; some injuries appear later.
• Report the accident: Tell the manager or property owner immediately and ask for a written report.
• Gather evidence: Take photos of the hazard (spill, hole, broken light) and your injuries.
• Get witness info: Get names and phone numbers of anyone who saw what happened.
• Contact a lawyer: Do not sign anything from an insurance company before speaking to an attorney.