Premises liability is the legal doctrine that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their land or building. In Texas, owners owe a duty of reasonable care to people who lawfully enter the property. When they breach that duty by failing to fix, warn about, or guard against known hazards, they can be sued for the resulting harm.

Texas premises liability law is grounded in common law principles refined by landmark cases like Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), and codified in parts of the Texas Civil Practice and Remedies Code. The exact duty owed depends on why you were on the property — invitee, licensee, or trespasser — which we break down below.

Common Premises Liability Cases We Handle in Austin

Premises liability covers far more than slip and falls. Any dangerous condition that an owner knew about — or should have known about — can be the basis for a claim. We represent injured clients across Travis, Williamson, and Hays counties in cases involving:

Slip, Trip, and Fall Accidents

Wet floors, uneven flooring, torn carpet, ice, spilled liquids, and unmarked steps cause some of the most common — and often most serious — premises injuries. Falls can result in broken hips, traumatic brain injuries, and spinal damage. Visit our dedicated Austin slip and fall accident page for a deeper look at how these claims work.

Dog Bites and Animal Attacks

Property owners and dog owners can be liable when an unrestrained or known-dangerous animal injures a guest, customer, or passerby. Our Austin dog bite attorneys handle bite claims, scarring cases, and child-victim attacks throughout the metro.

Negligent Security and Third-Party Assaults

Apartment complexes, bars, parking garages, gas stations, and hotels in high-crime areas owe a duty to provide reasonable security — working locks, adequate lighting, functional cameras, and trained staff. When inadequate security leads to assault, robbery, or shooting, the property owner can be held liable for the foreseeable harm.

Swimming Pool and Drowning Accidents

Apartment pools, hotel pools, and HOA-managed pools must be properly fenced, signed, and supervised. Drownings — especially those involving children — often trace to broken gates, missing barriers, defective drain covers, or absent lifeguards.

Stairway, Escalator, and Elevator Injuries

Loose handrails, missing tread strips, malfunctioning elevators, and abrupt escalator stops cause severe falls and crush injuries. Liability may extend to the owner, property manager, and maintenance company.

Falling Objects and Structural Collapses

Improperly stocked shelves at big-box stores, falling ceiling tiles, collapsed decks and balconies, and unsecured construction materials cause head injuries, fractures, and fatalities. These cases often involve multiple defendants.

Toxic Exposure: Mold, Carbon Monoxide, and Chemicals

Tenants and visitors exposed to toxic mold, leaking gas, or improperly stored chemicals can suffer respiratory illness, neurological damage, and chronic disease. Landlord liability is common in these claims.

Fires, Electrocution, and Explosions

Faulty wiring, missing smoke detectors, broken sprinkler systems, and unsafe gas lines can transform a building into a death trap. Texas law requires landlords to keep premises reasonably safe from foreseeable fire hazards.

Apartment Complex and Hotel Injuries

From broken stairs to defective balconies, bedbug infestations, and assaults in unsecured parking lots, multi-family and hospitality properties generate a steady stream of premises claims in Austin.

Wrongful Death from Unsafe Premises

When a premises hazard takes a life, surviving family members can pursue a wrongful death claim for funeral costs, lost income, lost companionship, and mental anguish. Texas grants standing to spouses, children, and parents.

Where Premises Liability Accidents Happen in Austin

Austin is one of the fastest-growing metros in the country, and that growth puts pressure on aging buildings, overworked maintenance staff, and stretched-thin security teams. The most common locations we see in client claims include:

• Grocery stores and big-box retailers (HEB, Walmart, Target, Costco, Lowe’s, Home Depot)
• Restaurants, bars, and music venues along Sixth Street, Rainey Street, and East Austin
• Apartment complexes and multi-family buildings in Riverside, North Austin, and South Lamar corridors
• Hotels and short-term rental properties in downtown and the Domain
• Office complexes, parking garages, and mixed-use developments
• Public buildings, schools, and government-owned facilities (subject to the Texas Tort Claims Act)
• Gas stations and convenience stores, particularly along I-35 and 183
• Theme parks, sports venues, and outdoor entertainment complexes
• Construction zones and unfinished structures (which may overlap with workplace injury law)

Who Can Be Held Liable for Your Premises Liability Injury?

Identifying every responsible party is one of the most important parts of building a strong claim. Multiple defendants often mean multiple insurance policies — and substantially more compensation. Potentially liable parties include:

• Commercial property owners — stores, restaurants, offices, and shopping centers
• Landlords and apartment owners — for common areas, walkways, pools, and parking lots
• Property management companies — responsible for maintenance, inspections, and repairs
• Hotels and short-term rental hosts — for guest safety on the entire property
• Homeowners associations — for common areas in subdivisions and condos
• Tenants and business operators — who control the leased space
• Maintenance and security contractors — hired to keep premises safe
• Government entities — under the limited waiver of immunity in the Texas Tort Claims Act

Three Visitor Classifications That Decide Your Case

In Texas, the duty of care a property owner owes depends on the legal status of the injured person. This classification often determines whether you have a viable claim and how strong it is.

Invitees (Highest Duty Owed)

An invitee enters property for the mutual benefit of both parties — typically customers at a business, hotel guests, or paying patrons. Owners must inspect for, repair, or warn about both known and reasonably discoverable hazards. This is the strongest category for an injured plaintiff.

Licensees

A licensee enters with permission but for their own purpose — a social guest, a meter reader, or a salesperson. Owners must warn of known dangers but have no general duty to inspect for unknown ones.

Trespassers (Lowest Duty Owed)

Owners owe trespassers only a duty not to injure them willfully, wantonly, or through gross negligence. There is one important exception: the attractive nuisance doctrine. When a property contains a feature likely to draw children — a pool, trampoline, abandoned appliance, or construction equipment — the owner has a heightened duty to prevent foreseeable harm to minors who wander onto the property.

What You Must Prove in a Texas Premises Liability Case

To win compensation, your attorney must establish four elements. The standard was clarified by the Texas Supreme Court in Corbin v. Safeway Stores and refined in subsequent decisions:

• Duty: The property owner owed you a duty of care based on your visitor classification.
• Knowledge: The owner had actual or constructive notice of the dangerous condition — meaning they knew about it, or should have known with reasonable inspection.
• Breach: The owner failed to repair the hazard, warn about it, or block access to it.
• Causation and damages: That breach directly caused your injury and measurable losses.

The “knew or should have known” element is where most premises liability cases are won or lost. We use security footage, incident reports, maintenance logs, employee depositions, and prior complaint records to prove the owner had notice and chose to do nothing.

Compensation Available in Austin Premises Liability Claims

Texas law allows premises liability plaintiffs to recover both economic and non-economic damages, and in egregious cases, punitive damages. A full claim valuation includes:

Economic Damages

• Emergency room and hospital bills
• Ongoing medical treatment, surgery, and rehabilitation
• Future medical care for permanent injuries
• Lost wages and diminished earning capacity
• Property damage (phones, clothing, mobility equipment)
• Home and vehicle modifications for disability

Non-Economic Damages

• Pain and suffering
• Mental anguish, anxiety, and PTSD
• Loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for spouses

Exemplary (Punitive) Damages

Under Texas Civil Practice and Remedies Code Chapter 41, punitive damages may be awarded when the owner’s conduct involved gross negligence, malice, or fraud. These damages are meant to punish and deter — not just compensate.

Texas Statute of Limitations for Premises Liability

In Texas, you generally have two years from the date of injury to file a premises liability lawsuit under Texas Civil Practice and Remedies Code §16.003. Miss that deadline and your claim is barred forever, no matter how strong it would have been.

A few exceptions can shorten or extend the window:

• Government property: Claims against the City of Austin, Travis County, or any Texas governmental unit require formal written notice — often within 180 days or less — under the Texas Tort Claims Act and applicable city charters. Austin’s notice period is famously short.
• Minor victims: The two-year clock may not start until the child turns 18.
• Wrongful death: The two-year period begins on the date of death, not the date of injury.
• Discovery rule: In limited cases involving hidden injuries (toxic mold exposure, for example), the clock may start when the injury was discovered.

Because government-claim deadlines are unforgiving, contact a premises liability attorney immediately if your injury happened on public property.

How Texas Comparative Fault Affects Your Recovery

Texas follows a modified comparative fault rule with a 51% bar under Texas Civil Practice and Remedies Code §33.001. You can still recover compensation if you were partially at fault for your own injury — but only if your share of fault is 50% or less.

If a jury finds you 30% responsible (for example, walking while looking at your phone when you slipped on an unmarked spill), your award is reduced by 30%. If you’re 51% or more at fault, you recover nothing. This is exactly why insurance companies fight so hard to pin fault on injured visitors — and why having a seasoned premises attorney matters.

What to Do After a Premises Liability Injury in Austin

The actions you take in the first hours and days after an injury can make or break your claim. If you’re physically able:

• Report the incident to the property owner, manager, or employee on duty and get a copy of any written report.
• Photograph everything — the hazard, your injuries, surrounding conditions, weather, lighting, and any warning signs (or the lack of them).
• Get names and contact info for every witness, employee, and anyone who came to help.
• Seek medical care immediately, even if injuries feel minor. Adrenaline masks pain, and gaps in treatment hurt your case.
• Preserve your clothing and footwear from the day of the accident.
• Do not give a recorded statement to the property owner’s insurance company before consulting an attorney.
• Avoid social media posts about the incident, your injuries, or your activities — insurers monitor these.
• Call an Austin premises liability attorney before evidence disappears and surveillance footage is overwritten.

Insurance Company Tactics — and How We Counter Them

Premises insurers protect their clients by minimizing payouts. The most common strategies our attorneys defeat:

• Quick lowball settlement offers designed to close your file before you understand the full extent of your injuries.
• Recorded statements engineered to elicit damaging admissions about how the accident happened.
• The “open and obvious” defense — arguing you should have seen and avoided the hazard yourself.
• Comparative fault attacks claiming you were distracted, intoxicated, or wearing inappropriate footwear.
• Delay tactics intended to outlast injured plaintiffs who need money to pay bills.
• Requests for medical authorizations that grant access to your entire medical history, not just records related to your injury.

We respond by gathering decisive evidence early, refusing premature releases, and preparing every case for trial from day one. Insurers settle on better terms when they see we will not back down.

Why Choose Kelley Wolff Injury Attorneys

Our firm built its reputation by treating Austin injury victims the way we’d want our own families treated — with respect, transparency, and relentless advocacy. Learn more about our attorneys and the work we do across the Texas injury landscape.

• Local Austin focus. We know Travis County courts, defense firms, and the major property owners we sue.
• Trial-ready preparation. Every case is built to win in front of a jury — which is precisely why most resolve for top dollar before trial.
• Direct attorney access. You will not be passed off to a paralegal or case manager. Your lawyer answers your questions.
• Contingency fees only. You owe us nothing unless we recover money for you.
• Full-service injury practice. Premises claims often overlap with other injury types we handle — review our complete practice areas.
• Resources to fight back. Expert engineers, medical professionals, security consultants, and accident reconstructionists are part of every serious case.

Schedule Your Free Premises Liability Consultation

Time matters. Surveillance video gets erased. Witnesses move. Notice deadlines for government property claims pass in as little as 30 to 180 days. The sooner an attorney starts working, the stronger your case becomes.