Are You Liable for Someone Else’s Injury on Your Property in Texas?
Slip-and-falls, dog bites, and other injuries on private property can quickly lead to lawsuits. If you own property in Texas, here’s what you need to know about your legal responsibilities.
Texas law imposes a “duty of care” on property owners—but not all visitors are treated equally. Understanding how premises liability works can help you avoid costly legal exposure and know your rights if you’re the one injured.
What Is Premises Liability in Texas?
Premises liability refers to the legal responsibility a property owner or occupier has for injuries that occur on their land or in their building. This includes both residential and commercial property.
Common premises liability claims include:
- Slip and fall accidents on wet or uneven surfaces
- Dog bites or animal attacks
- Injuries from broken handrails or unsafe stairways
- Swimming pool accidents
- Failure to provide adequate security leading to assault
Whether or not the owner is liable depends on the visitor’s legal status and whether the owner failed to use reasonable care.
The 3 Types of Visitors Under Texas Law
Texas law recognizes three types of people who may enter someone else’s property. Your duty of care changes depending on which category the visitor falls into:
1. Invitees
Definition: Someone who enters with permission for mutual benefit, like a customer in a store or a guest at an open house.
Legal duty: You must inspect and maintain the property to keep it reasonably safe, and warn invitees of any known or discoverable dangers.
2. Licensees
Definition: Social guests who enter with permission but for their own purposes, like friends visiting your home.
Legal duty: You must warn of known dangers but do not have to inspect for unknown hazards.
3. Trespassers
Definition: Someone who enters without permission.
Legal duty: You generally owe no duty to keep your property safe for trespassers, but you cannot intentionally harm them.
What About Children on Your Property?
Even if a child is trespassing, the law treats them differently. Under the “attractive nuisance doctrine,” Texas property owners may be liable for injuries to children caused by dangerous features that might lure them in—like a swimming pool or trampoline—if the owner failed to secure or warn about the hazard.
See Tex. Civ. Prac. & Rem. Code § 75.002 for limited protections on agricultural and recreational property, but note that attractive nuisances may override those defenses when children are involved.
When Is a Texas Property Owner Not Liable?
You may not be liable if:
- You didn’t know and had no reason to know about the dangerous condition (and the person injured was a licensee)
- The danger was “open and obvious” to any reasonable person
- You provided proper warnings or barriers
- The injured party ignored posted signs or acted recklessly
What Should You Do If Someone Gets Hurt on Your Property?
- Get medical help immediately.
- Document the scene—photos, witness names, time of incident, and location.
- Do not admit fault or make promises before reviewing the situation legally.
- Report the incident to your homeowner’s or commercial property insurance provider.
What If You’re the One Who Got Injured?
If you were hurt on someone else’s property, you may be able to bring a premises liability claim—especially if the property owner:
- Failed to warn about a dangerous condition
- Knew of the danger and did nothing
- Violated local building or safety codes
Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the date of the injury to file a personal injury lawsuit.
Special Rules for Commercial Properties
Business owners have a higher duty of care because they’re inviting the public in. They must conduct regular inspections, repair hazards, and clearly warn customers of risks. Failing to do so can open the door to lawsuits if someone slips on a wet floor or trips over poor lighting.
FAQ
Can I be sued if someone trips and falls on my driveway?
Yes—especially if the hazard was known to you (like a large crack or uneven surface) and you didn’t warn or fix it.
What if someone gets hurt at a party at my house?
You could be liable if the injury was due to a known hazard—especially if it wasn’t obvious to your guest.
Do I need insurance to cover these situations?
Yes. Homeowner’s or premises liability insurance can cover medical bills, legal fees, and judgments if you’re sued.
Legal References
- Texas Civil Practice & Remedies Code Chapter 75 – Liability for Recreational Use
- Section 16.003 – Statute of Limitations
Disclaimer
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
