What Counts as Premises Liability in Texas

One of the common grounds for lawsuits is suing a property owner for an injury that occurred on their property. Slip-and-fall cases, where a customer slips and hurts themselves at a store, are perhaps the most common example of premises liability.

For this article, the term owner is used to describe anyone who owns, leases, or is otherwise in control of a property and is potentially liable for any injuries that occur on that property. In general, property owners in Texas have a responsibility to keep their property free of any hazardous conditions that could injure guests.

That someone is on or in another person’s property when they’re injured doesn’t mean the property owner is automatically liable. Not all injuries are a result of an owner’s action or inaction. People trespassing on a property, for example, are unlikely to prevail in a premises liability case.

A 2024 Texas Supreme Court case reaffirmed that, as part of a premises liability case, a plaintiff needs to address all of the following questions:

• Did a condition pose an unreasonable risk of harm?
• Did the owner have actual or constructive knowledge of the condition?
• Did the owner exercise reasonable care to reduce or eliminate the risk?
• Did the owner’s failure to exercise reasonable care contribute to the injury?

For example, an owner is aware that the railing on their front porch is loose. They have contacted a handyman about the repair, but the parts needed for the repair are backordered and won’t be available for at least three weeks. In the meantime, the owners have a sign posted warning of the loose railing, and they tell people, before visiting, to be aware that the railing is loose and to avoid holding it. When visiting them, a friend leans against the loose railing and falls, breaking their wrist.

The owners are less likely to be liable because, while the loose railing did pose an unreasonable risk of harm an,d they were aware of it, they also sought to reduce the risk. They had a repair scheduled and had, before the repair could be completed, done what they could to warn people to avoid the loose railing.

Exceptions

The general rules for premises liability do have some exceptions. For example, property owners generally aren’t liable for any injuries that a trespasser sustains. If a property owner willfully creates a hazard or attempts to harm a trespasser, however, the owner may be liable for any injury.

Texas also follows the attractive nuisance doctrine. Certain objects, such as pools, that are attractive to children and pose a risk of injury or death may make a property owner liable for any harm. This is the case even if a child is on their property without permission.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about premises liability, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.