When you visit a store, restaurant, apartment complex, or even a friend’s home, you expect the property to be reasonably safe. Sadly, that’s not always the case. Dangerous conditions like slippery floors, broken stairs, or poor security can lead to serious injuries that greatly impact your life.
If you or a loved one were hurt because a property owner failed to maintain a safe environment, Texas law may entitle you to compensation through something called a premises liability claim.
At Crosley Law, we’ve helped many clients recover fair compensation after devastating accidents caused by unsafe property conditions. Here’s what you need to know if you’re considering a premises liability claim in Texas.
What Is a premises liability claim?
Premises liability refers to a property owner’s legal responsibility for accidents and injuries that happen because of unsafe conditions on their property.
If you slipped on a wet grocery store floor, tripped over broken steps at an apartment complex, or were attacked in a poorly lit parking lot with no security, you may have a premises liability case.
It’s important to understand that premises liability in Texas is different from negligent activity cases. The difference looks like this:
- Negligent activity: You were hurt because someone was actively doing something dangerous. If a store employee dropped heavy boxes on you because they weren’t following safety procedures, that could be considered negligent activity.
- Premises liability: You were hurt because of an unsafe condition on the property, like a spill that wasn’t cleaned up or a broken handrail that wasn’t repaired. In this case you were not injured by someone’s direct actions, but by a preventable situation.
Both types of cases involve negligence, but proving a premises liability case requires a specific approach and often stronger evidence.
How you were on the property matters: invitees, licensees, and trespassers
Under Texas law, your ability to recover damages in a premises liability claim depends partly on why you were on the property in the first place.
- Invitees are customers, hotel guests, or anyone invited for mutual business benefit. Property owners owe invitees the highest duty. They must inspect for hazards and fix or warn about dangerous conditions.
- Licensees are social guests like friends visiting a home. Property owners must warn licensees about known dangers but aren’t required to inspect for hidden risks.
- Trespassers are people entering a property without permission. Owners owe trespassers very limited duties. Mainly, they must not intentionally cause harm.
Most injury victims—especially shoppers, diners, and tenants—are invitees, which provides the strongest legal protections.
How to prove a premises liability case in Texas
To win a premises liability case, your lawyer must show:
- There was a dangerous condition on the property.
- The owner knew or should have known about the danger. The owner must have directly known about the danger, or the danger must have existed long enough that the owner reasonably should have found and fixed it.
- The owner failed to fix the problem or warn you about it.
- That failure caused your injuries.
Proving “knowledge” is often the hardest part. That’s why immediate action is so important. Taking photos of the scene, talking to witnesses, and reporting the incident right away can all provide helpful evidence to strengthen your case.
Real stories: how Crosley Law has helped victims
Our firm has helped many clients hold negligent property owners accountable. Two real cases show just how devastating these injuries can be and how important strong legal advocacy is to getting victims and their families proper restitution.
Trampoline park injury
A 16-year-old suffered a catastrophic brain injury when he fell through a hidden tear in a trampoline onto concrete below. The trampoline park had ignored obvious hazards and failed to warn guests. Crosley Law uncovered these safety failures and secured an $11.5 million verdict to ensure our client receives the care he needs for life.
Read this story
Apartment complex fall
A four-year-old child fell from a third-story window because the apartment’s window locks were defective. Crosley Law proved the complex’s negligence and secured a $30 million settlement for her lifelong medical needs.
Read this story
These cases show how property owners’ careless maintenance—or total disregard for safety—can lead to life-altering harm. They also show how consequences can extend as far as the rest of a victim’s life. It’s important that premises liability lawyers properly determine and fight for all the future needs of victims and their families.
Special situations in premises liability cases
Not all property injury cases are as straightforward as those above. Some involve special rules or extra challenges:
- Criminal acts on the property: If you were assaulted or robbed on a property where crime was foreseeable, the owner may be responsible for failing to provide adequate security.
- Attractive nuisances: Property owners must take extra steps to protect children from dangers like pools, trampolines, and abandoned vehicles, even if the kids wander onto the property without permission.
- Recreational properties: If you’re hurt while using land open to the public for recreation, the owner’s liability may be limited under Texas’s Recreational Use Statute unless they were grossly negligent.
Every case is unique. That’s why it’s critical to have a premises liability attorney who knows how to navigate these legal complexities.
Why documenting your injury matters
If you’ve been hurt on someone else’s property, start documenting everything immediately:
- Take photos of the hazard and the surrounding area
- Get names and contact information of witnesses
- Report the accident to property management or staff—and get a copy of the report if possible
- Keep detailed notes or a diary about your symptoms, treatments, and how your injury is impacting your daily life
Good documentation can be the difference between a strong case and one the insurance company brushes off.
Premises liability cases are complex, but you don’t have to handle them alone
Premises liability claims are some of the toughest personal injury cases to prove. Property owners and their insurance companies fight hard to deny responsibility, often claiming they didn’t know about the dangerous condition.
At Crosley Law, we know how to cut through those arguments. We investigate thoroughly, work with safety experts, and build strong cases backed by solid evidence. Our goal is to help you recover not just medical bills and lost wages, but compensation for your pain, suffering, and the disruption to your life.
Contact Crosley Law for help today
If you or a loved one has suffered a serious injury because of unsafe conditions on someone else’s property, you have legal rights—and you deserve a legal team that knows how to protect them.
Call Crosley Law today at (210) 987-8506 for a free consultation. We’ll listen to your story, explain your options, and fight to get you the justice and compensation you deserve.
RELATED: What to expect when you call Crosley Law
About Crosley Law
Crosley Law is a nationally recognized personal injury firm based in San Antonio, Texas. Led by experienced trial attorney Tom Crosley, we have a proven record of success in complex premises liability cases and catastrophic injury claims. We combine deep legal knowledge, cutting-edge technology, and compassionate client service to deliver outstanding results.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
