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Premises Liability · Austin TX

Premises Liability Attorneys in Austin, Texas

Your classification as an invitee, licensee, or trespasser determines what legal standard applies to your claim. Getting this wrong at the start costs you the case.

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Premises liability is the area of Texas law that governs injuries occurring on another person's or entity's property due to unsafe conditions. It covers a wide range of situations beyond slip and fall accidents: inadequate lighting in a parking garage, a broken handrail on a staircase, an unsecured swimming pool, or a dangerous condition on commercial property that the owner knew about and failed to correct.

The three-tier visitor classification system is the foundation of every Texas premises liability case. Business invitees — people invited onto the property for business purposes — receive the highest duty of care. The owner must inspect, discover, and address or warn of unreasonably dangerous conditions. Licensees, such as social guests, are owed a duty to warn of known dangers the owner knows the visitor is unlikely to discover. Trespassers receive only a duty not to cause willful injury, with exceptions for children under the attractive nuisance doctrine.

Proving that the property owner had knowledge of the dangerous condition is often the central challenge. Your attorney will look for inspection records, maintenance logs, prior incident reports, and surveillance footage. In commercial properties, these records often exist and must be preserved through a litigation hold before they're overwritten or deleted.

Property owners in Texas cannot simply post a warning sign and eliminate their liability. The warning must be adequate for the specific hazard. An inadequate warning — or no warning at all — combined with a dangerous condition that the owner knew about is the core of many successful premises liability claims.

What You Need to Know

Key Facts About This Case Type

Visitor classification determines the duty owed

Invitee: highest duty, must inspect and correct. Licensee: must warn of known dangers. Trespasser: minimal duty except under attractive nuisance doctrine for children.

Knowledge is required

You must prove the owner knew or should have known about the dangerous condition. Inspection records, maintenance logs, and prior incident reports are key evidence.

Adequate warning isn't a complete defense

A warning sign doesn't eliminate liability if it was inadequate, improperly placed, or if the owner should have corrected the condition rather than simply warning about it.

Two years to file

Texas Civil Practice and Remedies Code §16.003. Evidence preservation is urgent in premises cases — surveillance footage overwrites fast.

Common Questions

Frequently Asked Questions

Slip and fall is one type of premises liability claim. Premises liability is the broader category — it covers any injury caused by an unsafe condition on property, including fall hazards, inadequate lighting, swimming pool accidents, inadequate security, and more.
Yes. Businesses owe the highest duty of care to customers and other invitees. If the business maintained an unreasonably dangerous condition and you were injured, you have a potential claim.
Waivers are not always enforceable in Texas, particularly for gross negligence or in situations where the waiver is unconscionable. An attorney can evaluate whether the waiver is likely to defeat your claim.
Yes, but government entity claims have specific notice requirements and shorter deadlines. You typically must give formal written notice within 180 days of the injury. Contact an attorney immediately for any claim involving government property.

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