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.
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:
Whether or not the owner is liable depends on the visitor’s legal status and whether the owner failed to use reasonable care.
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:
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.
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.
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.
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.
You may not be liable if:
If you were hurt on someone else’s property, you may be able to bring a premises liability claim—especially if the property owner:
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.
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.
Yes—especially if the hazard was known to you (like a large crack or uneven surface) and you didn’t warn or fix it.
You could be liable if the injury was due to a known hazard—especially if it wasn’t obvious to your guest.
Yes. Homeowner’s or premises liability insurance can cover medical bills, legal fees, and judgments if you’re sued.
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.
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