Texas Premises Liability Lawyers
you’ve been hurt on someone else’s property, and now they’re blaming you

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01Where you’re at now

Before we build anything, we must understand where you were and why.

In Texas, every owner has a legal duty to keep their property safe. When accidents happen, the first thing the court and insurance companies look at is your reason for being at said property when the accident happened.

Invitee

If you’re there for business

If you’re there as a customer, a patient, or a tenant, you are typically owed the most. The owner is responsible for any hazards that can hurt you, even ones they aren’t aware of.

Licensee

If you’re invited

If you’re a guest at a social outing, the owner should communicate any dangers they know about.

Trespasser

If you’re trespassing

Unless you’re a child who was curious about a nearby pool, what’s owed to you wouldn’t amount to much, but something is better than nothing.

02Do you have a case?

Just because you got hurt somewhere doesn’t mean you have a case.

To the big surprise of most people, Texas actually leans toward defending the property owner, meaning a fall can’t always turn into a claim.

If you want to win, you must prove four things. Without all four, you could say goodbye to your case.

4Texas demands proof; getting hurt is not enough
2 yrsYou have two years for most cases in Texas, but if government entities are involved, you have far less time to act
51%If your share of the fault falls under 51%, you can still recover
Deadline per Texas CPRC § 16.003; fault bar per § 33.001

Here’s the proof you need for a legit case.

These four elements are what a Texas court considers when trying your case.

01 / The hazard

The hazard itself

The danger must be real and hidden, not something easy to see or obvious.

02 / Knew & ignored

The owner’s reaction

If the owner ignored your incident and failed to warn you about a hazard they were aware of, you’re looking at good odds.

03 / The cause

The damage sustained

If you were hurt because of the property and there’s proof, the defense will try their hardest to break this link.

Josh Alexander
Josh’s take

What we must uncover is whether or not the owner knew about any dangers that could cause you harm. Texas wants detailed proof of the property’s conditions before and after the accident.

Josh Alexander · Founder & Managing Attorney

03The cases we handle

Types of cases we handle — one of these may be you.

No matter the reason you were injured, if the owner of the property refused to make repairs, they’re putting you at risk.

Most common

Slip, trip & fall

If you slipped because of a wet floor, poor store lighting, or even a loose mat.

Negligent security

Assault from poor security

If there’s a lack of security and you’re exposed to dangerous conditions like robbery or assault, the property shares the blame.

Structural

Defective railings and stairs

If you reach for a missing handrail and fall, the structure is at fault.

Weather hazards

Ice, snow & standing water

If the owner had time to clear out ice, snow, or water but didn’t, and it caused you harm, they’re at fault.

Pools

Public swimming pools

If the pool is missing a fence or is unsupervised and you end up drowning, the property has failed you.

Falling objects

Debris falling

If you’re hit by a falling item that was stacked too high at a grocery store or by random debris near a construction site, the property has failed you.

Animals

Animal attacks

If you’re bitten by someone’s dog, the owner is liable even if it happened due to carelessness.

Parking

Garages and parking lots

You can sprain your ankle in a pothole, or park your car too close to an edge and fall due to an unmarked drop in the garage.

Schools

On-campus injuries

Poor security and poor supervision could lead to children being injured.

04Compensation

How much could you recover on a premises claim?

When you’re not at fault and you can prove it, Texas lets you recover all costs and losses from your injury.

I couldn’t give you an honest average, as your total compensation depends on the severity of your injury, your hospital bills, and how much coverage you have in place. We build on those factors, then hold the owner accountable.

Your hospital bills now and later

The total cost of your treatment, including surgeries, therapy, and follow-up care, affects your overall compensation.

What you were earning before the accident

If you can’t work anymore because of your accident, we account for all your lost income and future lost income as well.

How the accident impacted your life

Getting hurt can change your whole life for the worse, and that impact is what we fight to get you fairly compensated for.

Where the fault lies

The less the blame falls on you, the more you recover. We fight to reduce as much percentage of blame as possible. Past results do not guarantee a similar outcome.

Why us

The store you fell in has a risk team. Now you have a trial team.

As soon as you’re in an accident on someone’s property, the owner’s insurer is working to reduce your payment. We’ve spent over 75 years combined on both sides of this fight, so we know how the blame is shifted and we know how to win.

05How we prove your case

Proof of your accident can disappear fast.

After you fall, the store reports back to their risk management team, and they could already start erasing video footage within days. A prompt investigation could save you a lot of money.

Video footage in stores can automatically erase every 24 to 72 hours. If that video was the only bit of proof you had, then your case would be gone along with the video.

Secure footage first

On the day of the accident, we send letters demanding preservation of footage to the property and any nearby businesses, to keep their video records from being deleted.

Find incident report and history

We look into the history of any prior complaints, code violations, and past accidents on the property, finding proof of their negligence.

Talk to witnesses

Finding all witnesses on the day of the accident is instrumental to do early. They’re harder to find later on, so we don’t wait.

We work with the right experts

We hire safety experts, engineers, and other professionals to pinpoint how the property failed and how long the danger existed.

Tie your injury to the accident

We preserve medical records from the same day to link your injury to the accident before any insurance companies can argue you were hurt some other way.

We talk to the insurance company

We take all the calls, so their adjusters can’t use a recorded statement from you to reduce your claim.

06Common questions

Texas premises liability FAQ.

Here are some answers that could be useful to building your case from our Texas-based clients.

Legally reviewed by Josh Alexander
I was hurt on someone’s property. Do I have a case?
Not automatically, no. If you can prove a reasonable hazard existed that the owner should have known about, and that same hazard caused you injury, then there might be a case. Past results do not guarantee a similar outcome.
Does the reason why I was on the property matter?
Yes, of course. Whether you were invited or a trespasser changes the outcome of your case tremendously.
How long do I have to file a premises liability claim in Texas?
The deadline for filing is two years, but if government entities are involved, you need to file a notice to the right agency within six months of the initial crash date.
The owner says the fall was my fault. Can I still recover?
Yes, you could. The state of Texas leans to help owners more in these cases, but even being partly to blame reduces your recovery as opposed to ending it.
If I get hurt in my apartment, is my landlord liable?
Only if the owner knew about the hazard and neglected fixing it, and you can prove that.
If a dog bites me in the state of Texas, is the owner liable?
Texas is not a strict-liability state; it follows the one-bite rule. The owner would be liable if they knew their dog was dangerous from known aggression, or if the leash was loose.
Free, honest read

Were you hurt on someone else’s property? Let us help you.

Let us know what happened. We’ll walk through your incident together and see if you have a case worth building or not, at no charge to you.

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