When a property owner’s negligence causes you to be injured on their land, in their store, or in their building, Texas law holds them responsible. Whether you slipped on a wet floor, fell on a broken sidewalk, were attacked in a poorly secured parking lot, or were hurt by a swimming pool hazard — the property owner’s duty to keep their premises safe extends to you.
Attorney BJ Kemp handles premises liability cases throughout Greater Houston on a pure contingency basis. You pay nothing unless we win.
Types of Premises Liability Cases We Handle
Any time a property owner’s negligence causes injury on their property, premises liability law may apply.
Slip and Fall Accidents
Wet floors, spilled liquids, freshly mopped tile, icy entryways — the most common form of premises liability. Stores, restaurants, and commercial properties frequently create and fail to correct these hazards.
Trip and Fall Accidents
Broken sidewalks, uneven pavement, raised floor transitions, torn carpet, and parking lot defects cause serious falls that result in fractures, TBI, and spinal injuries.
Negligent Security
Apartment complexes, parking garages, hotels, and shopping centers can be liable when inadequate lighting, broken locks, or absent security guards allow criminal attacks to occur.
Swimming Pool Accidents
Texas law imposes strict duties on pool owners. Lack of fencing, broken drain covers, missing safety equipment, and inadequate supervision create liability for drowning and injury.
Staircase and Elevator Accidents
Broken handrails, defective elevator mechanisms, improper lighting on stairwells, and missing warning signs cause falls and crush injuries in commercial and residential buildings.
Dog Bites and Animal Attacks
Texas follows a modified “one bite” rule — owners who knew or should have known their animal was dangerous are strictly liable for injuries. We pursue property owners and landlords who allowed dangerous animals on their premises.
Construction Site Accidents
Open excavations, falling debris, unsecured equipment, and missing barriers on construction sites injure workers and passersby. Multiple parties — general contractors, subcontractors, site owners — may be liable.
Toxic Exposure
Mold, asbestos, chemical spills, and toxic substances on property can cause serious long-term injury. Property owners who knew about hazardous conditions and failed to remediate or warn face significant liability.
Duty of Care by Visitor Type
Under Texas law, the duty a property owner owes depends on why you were on the property.
Customers, shoppers, restaurant guests — anyone invited for commercial benefit. Owner must inspect, discover, and correct or warn of hazardous conditions.
Social guests, friends, neighbors. Owner must warn of known dangerous conditions but has no duty to inspect for unknown hazards.
Owner must not willfully injure. However, child trespassers receive enhanced protection under the “attractive nuisance” doctrine — pools, trampolines, and machinery are common examples.
If you were injured as a customer, shopper, patient, or business visitor, you were an invitee — and the property owner owed you the highest duty of care under Texas law. This includes a duty to actively inspect for and remedy hazardous conditions, not just respond to ones already reported.
What do I need to prove in a Texas premises liability case?
To win a Texas premises liability claim as an invitee, you must show: (1) the property owner had actual or constructive knowledge of the hazardous condition; (2) the condition posed an unreasonable risk of harm; (3) the owner failed to exercise reasonable care to reduce or eliminate the risk; and (4) the owner’s failure caused your injury. “Constructive knowledge” means the hazard existed long enough that a reasonable owner conducting regular inspections would have discovered it — meaning you don’t need to prove the owner personally saw the danger.
How long do I have to file a premises liability lawsuit in Texas?
Two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. If the property owner is a government entity — the City of Houston, a school district, or TxDOT — you must file a formal notice of claim within six months of the injury. Missing the government notice deadline can permanently bar your claim even if the two-year statute hasn’t run. Contact an attorney immediately after any premises injury to protect your rights.
Can I still recover if I was partly at fault in a premises liability case?
Yes, in most cases. Texas follows modified comparative fault (Civil Practice & Remedies Code §33.001): your recovery is reduced by your percentage of fault, but you can still recover as long as the property owner was more at fault than you. Property owners and their insurers routinely blame injured visitors — “you should have seen it,” “you weren’t paying attention” — to shift fault and reduce their payout. We counter these arguments with surveillance footage, inspection records, and expert testimony.
Steps to Take After a Premises Injury in Houston
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Report the incident immediately
Tell a manager, security guard, or property owner before you leave the premises. Request a written incident report and get a copy. This creates a contemporaneous record the property owner cannot later dispute.
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Photograph everything
Document the hazard, the scene, warning signs (or their absence), and your injuries before anything is cleaned up or changed. Many stores quickly remediate hazards after an incident — your photos may be the only proof of what existed.
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3
Get witness information
Names and phone numbers of anyone who saw the incident or the hazardous condition. Witnesses who leave the scene are extremely difficult to locate later.
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4
Seek medical care promptly
Go to the ER or urgent care the same day, even if you feel you might be fine. Many injuries — TBI, internal injuries, spinal damage — present no immediate symptoms. Your medical records connect the incident to your injuries.
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5
Do not give a recorded statement
The property owner’s insurance company will call quickly. Do not give any recorded statement. Adjusters are trained to obtain admissions that shift blame to you and minimize payouts.
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Contact Texas Legal Giants
Surveillance footage is routinely overwritten within 24–72 hours. Incident reports disappear. Physical evidence changes. The sooner we are involved, the better your evidentiary position.
How Property Owners Fight Premises Liability Claims — And How We Counter
Insurers and defense attorneys use specific, predictable tactics. We’ve seen every one.
Frequently Asked Questions
What is the difference between a slip and fall and premises liability?
Slip and fall is a type of premises liability claim — the most common one. Premises liability is the broader legal theory that holds property owners responsible for injuries caused by unsafe conditions on their property. It covers slip and fall, trip and fall, negligent security, swimming pool accidents, dog bites, toxic exposure, and other hazardous conditions.
Can I sue a store (like Walmart or HEB) for a slip and fall in Texas?
Yes. Large retailers are among the most common premises liability defendants in Texas. As business invitees, customers are owed the highest duty of care — the store must inspect for and correct hazardous conditions. Corporate defendants have large legal teams and experienced adjusters; having an attorney who knows their defense playbook significantly improves your outcome.
What if I was injured in an apartment complex?
Apartment owners and management companies owe duties to residents and their guests. Common claims include broken stairs, inadequate lighting in parking lots and hallways, negligent security (failure to fix broken gates or door locks), and pool maintenance failures. Both the property owner and the management company may be liable.
What if the property is owned by a government entity?
Claims against government entities require a formal notice of claim filed within six months of the injury under the Texas Tort Claims Act. Missing this deadline typically bars your claim entirely. Government immunity is also a significant hurdle — but Texas law waives immunity for certain types of premises defects. Contact an attorney immediately if a government entity may be involved.
What damages can I recover in a premises liability case?
Medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. In cases involving gross negligence — a property owner who knew about a dangerous condition and did nothing — punitive damages may also be available.
What if the incident occurred at someone’s home?
Homeowner’s insurance typically covers premises liability claims. Your claim goes against the homeowner’s policy, not against the homeowner personally. As a social guest (licensee), the homeowner must warn you of dangerous conditions they know about. We handle residential premises claims with the same thoroughness as commercial ones.
How long will a premises liability case take?
Cases with clear liability and documented injuries often settle within 6–12 months. Complex cases involving disputed fault, corporate defendants with aggressive legal teams, or catastrophic injuries may take 2–3 years. We move as quickly as the facts and your medical recovery allow — we will not settle before we understand the full extent of your injuries and future care needs.
Related Practice Areas
Texas Legal Giants handles the full range of serious injury cases in Greater Houston.
Texas Premises Liability Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents premises liability victims throughout Greater Houston — from slip and fall cases at retail stores to negligent security claims at apartment complexes. Every case is handled on a pure contingency basis — you pay nothing unless we win.
(346) 971–7333 — Free Consultation