Legally Reviewed by Dale R. Rose on September 28, 2026
Premises liability is the area of Texas law that holds property owners and occupiers responsible when an unsafe condition on their property injures someone they owed a duty to protect. You can generally file a claim when a dangerous condition existed, the owner knew or reasonably should have known about it, the owner failed to fix it or warn you, and that failure caused your injury. In most cases, you have two years from the date of the injury to file a lawsuit, but claims against a city, county, or other government entity can require written notice in as little as six months or less.
You slipped on a wet floor with no warning sign, tripped over an unmarked curb in a parking lot, or were attacked in an area the property owner knew was dangerous and did nothing about. These situations happen every day across Texas. At Dale R. Rose, PLLC, we fight for injury victims throughout North Texas, and with more than three decades of Texas trial experience and over 165 first-chair jury trials, we understand what it takes to build a strong premises liability claim in Texas.
Time-Sensitive: Texas Law Limits Your Window to File
Most Texas premises liability lawsuits must be filed within two years, and claims against government entities may require notice within six months or less.
More than three decades of Texas trial experience, over 165 first-chair jury trials, and free consultations with no attorney fees unless we recover compensation for you.
What Is Premises Liability?
Premises liability refers to a property owner’s or occupier’s legal responsibility to maintain reasonably safe conditions for people who enter the property. In Texas, most of these rules come from court decisions rather than a single statute, and the duty owed depends on why the injured person was on the property. When an owner fails to meet that duty and someone is injured as a result, the injured person may have grounds for a claim. The responsible party may be the owner, a tenant, a property management company, or a business that controls the space.
This covers a wide variety of incidents on both private and public property. While many people associate premises liability with slip and fall incidents, the scope is considerably broader. The following are common examples of premises liability cases:
- Slip and fall injuries: Wet floors, spilled products, uneven surfaces, or unmarked hazards
- Trip and fall incidents: Broken sidewalks, damaged flooring, poor lighting on stairs, or exposed cables
- Swimming pool injuries: Properties that lack proper fencing, depth markings, or safety warnings
- Negligent security incidents: When inadequate lighting or security leads to a foreseeable attack or assault
- Dog bites: Where a property owner knew or should have known about an animal’s dangerous tendencies
- Falling objects: From poorly maintained shelves, displays, signage, or construction areas
No matter the circumstances, property owners have an obligation to address hazards they know about and to warn visitors of dangers they have not yet repaired.
The Three Categories of Visitors Under Texas Law
Texas law determines the level of duty a property owner owes based on the type of visitor who was injured. These categories play a significant role in any slip and fall case, and understanding which category applies to you directly affects your claim.
Invitees
Invitees are people who enter a property for the owner’s business purposes or for mutual benefit. Customers in a store, guests at a hotel, and patrons at a restaurant are all considered invitees. Property owners owe invitees the highest duty of care: they must use reasonable care to reduce or eliminate unreasonable risks of harm from conditions they know about or reasonably should have discovered, which in practice means inspecting the property and either fixing hazards or warning about them. Our post on when businesses are liable for customer slip and fall injuries explains how this duty applies in stores and restaurants.
Licensees
Licensees are social guests and others who enter a property with the owner’s permission but not for a business purpose. Property owners must warn licensees of, or make safe, dangerous conditions the owner actually knows about and the licensee does not. They are generally not required to inspect for hazards they are unaware of.
Trespassers
Trespassers generally receive the lowest level of protection under Texas law. A property owner must avoid injuring a trespasser willfully, wantonly, or through gross negligence, and may not set intentional traps. An important exception applies to children under the attractive nuisance doctrine, which may hold owners liable when dangerous conditions, such as pools or equipment, draw children onto the property.
What You Must Prove to File a Premises Liability Claim
A successful personal injury claim in Texas based on a property condition requires proving several key elements. For an invitee, your attorney will need to establish that a condition on the property posed an unreasonable risk of harm, that the owner knew or reasonably should have known about it, that the owner failed to use reasonable care to fix it or warn you, and that this failure caused your injuries.
The knowledge element is often the most contested. Owners frequently argue that a spill or hazard appeared moments before the fall, leaving no time to discover it. Evidence about how long the condition existed, such as surveillance video, employee statements, prior complaints, and inspection logs, can be decisive. Our post on evidence you need in a successful premises liability claim in Texas covers these categories.
Falls are among the most common sources of these claims. The CDC reports that more than 14 million adults 65 and older, about 1 in 4, report falling every year. Many falls happen on properties where a hazard was present and ignored. If you were injured on someone else’s property, the details of your visit and the property owner’s awareness of the hazard will be central to your case.
Comparative Fault in Premises Cases
Texas follows a modified comparative fault rule, which means your compensation may be reduced if you are found partially responsible for your injuries. Owners often argue that a hazard was open and obvious or that you were not paying attention. As long as you are not more than 50 percent at fault, you may still recover damages, reduced by your share of responsibility. This is one reason why working with an experienced attorney matters so much.
Special Situations: Contractors, Government Property, and Public Spaces
Some premises claims follow different rules. If you were injured while working as a contractor or subcontractor employee on someone else’s property, Texas law under Chapter 95 of the Civil Practice and Remedies Code generally limits the owner’s liability unless the owner controlled how the work was done and had actual knowledge of the danger.
Injuries on government property, such as a city sidewalk, public building, or county park, are governed by the Texas Tort Claims Act, which waives governmental immunity only in specific situations and limits the damages available. The same act imposes a strict notice requirement, discussed in the next section. Our post on who is liable for a sidewalk slip and fall in Texas explains how responsibility for public walkways is divided.
How Long Do You Have to File a Premises Liability Claim in Texas?
Under Section 16.003 of the Texas Civil Practice and Remedies Code, injury victims generally have two years from the date of the incident to file a premises liability lawsuit. If a person dies from their injuries, a wrongful death claim generally must be filed within two years of the date of death. For injured children, the deadline is typically paused until the child turns 18. Waiting too long may permanently bar you from seeking compensation.
Claims against government entities carry an additional, much earlier deadline. Under Section 101.101 of the Civil Practice and Remedies Code, a governmental unit is entitled to written notice of the claim within six months of the incident, describing the injury, the time and place, and what happened. Many Texas cities set even shorter notice periods in their charters. If you were injured on public property, it is important to speak with an attorney right away to protect your legal rights.
Why You Should Not Wait Even When You Have Time
Even when the two-year deadline is far off, waiting can hurt your claim. Businesses may record over surveillance video within days or weeks, hazards get repaired, and witnesses become harder to locate. Reporting the incident to the property manager, photographing the hazard, and getting medical care promptly all help preserve your claim. You may also want to review our five questions to ask yourself when you think you have a slip and fall case and our post on when a property owner is liable for a slip and fall to better understand whether your situation may qualify for a claim.
Call Dale R. Rose, PLLC, After a Premises Injury in North Texas
When you are hurt on someone else’s property, you deserve an attorney who takes your case personally and brings real courtroom experience to the table. Dale R. Rose has handled cases in 54 Texas counties over more than three decades as a licensed attorney and has tried over 165 first-chair jury trials, advocating for injury victims throughout Collin County and North Texas. Every case is different, and prior results do not guarantee a similar outcome.
Our firm offers free consultations and handles injury cases on a contingency fee basis, so there are no attorney fees unless we recover compensation for you. If you or someone close to you has been injured on another person’s or business’s property, do not wait to take action. Contact Dale R. Rose, PLLC, today to discuss your case and find out how we may be able to help.
Frequently Asked Questions About Texas Premises Liability Claims
How long do I have to file a premises liability claim in Texas?
Most premises liability lawsuits in Texas must be filed within two years of the injury under Civil Practice and Remedies Code Section 16.003. If the property belongs to a government entity, written notice is generally required within six months, and some cities require notice even sooner.
Do I have a case if I slipped on a spill in a store?
Possibly. As a customer, you are an invitee, and the store must use reasonable care to find and address hazards. The key question is usually whether the store knew or should have known about the spill in time to clean it up or warn you, which is why surveillance video and witness statements matter.
Can I file a claim if I was injured at a friend’s house?
You may be able to. Social guests are usually licensees under Texas law, so the homeowner must warn of or fix dangerous conditions they actually knew about and you did not. These claims are often paid through the homeowner’s insurance policy rather than by the homeowner personally.
What if the property owner says I should have seen the hazard?
Owners often argue a hazard was open and obvious or that you were not paying attention. Under Texas comparative fault rules, your recovery is reduced by your share of responsibility, and you cannot recover if you are found more than 50 percent at fault. Evidence of lighting, signage, and the condition itself can counter these arguments.
What should I do right after a fall on someone else’s property?
Get medical care, report the incident to the owner or manager, and ask for a copy of any incident report. Photograph the hazard, your shoes, and your injuries, and collect witness names. Avoid giving a recorded statement to the owner’s insurer before speaking with a lawyer.
About the Attorney
Civil Trial Attorney, Dale R. Rose, PLLC
Dale R. Rose is a civil trial attorney with over 165 first-chair jury trials and more than three decades of experience practicing law, with cases in 54 Texas counties, several other states, and Canada. He holds a J.D. from Texas Tech School of Law and is admitted to the State Bar of Texas, the State Bar of Arkansas, and the U.S. District Courts for the Northern and Eastern Districts of Texas.