What to Do if You Are Injured on Someone Else’s Property in Texas
You don’t expect to get hurt when visiting a friend’s house, shopping at a store, or walking through a parking lot. Yet, slip and falls, dog bites, or unsafe property conditions can happen anywhere — and when they do, they can change your life in an instant.
If you were injured on someone else’s property in Texas, you may be entitled to pursue compensation through a premises liability claim. But how you handle the aftermath can make all the difference in your recovery — both physically and financially.
At Carrollton Injury Law, we help victims navigate the complex process of proving negligence and holding property owners accountable. Here’s what you should know — and what to do next.
1. Understand Texas Premises Liability Law
Premises liability law in Texas holds property owners (or occupiers) responsible for maintaining a reasonably safe environment for visitors. When they fail to do so and someone gets injured, they may be liable for damages.
However, the type of visitor you were at the time of the accident determines the owner’s legal duty toward you:
Invitee: You were invited onto the property for mutual benefit (e.g., a customer in a store). The owner owes you the highest duty of care — to regularly inspect and fix dangerous conditions and warn about known hazards.
Licensee: You were on the property for your own purposes but with permission (e.g., visiting a friend). The owner must warn of known dangers that aren’t obvious.
Trespasser: You entered without permission. Property owners generally don’t owe a duty of care to trespassers — except not to intentionally harm them.
Understanding which category applies to you is key in determining whether you can pursue a claim.
2. Common Types of Property-Related Injuries
Every property poses potential risks when it isn’t properly maintained. Some of the most common incidents that lead to Texas premises liability claims include:
Slip and fall accidents: Wet floors, uneven surfaces, poor lighting, or cluttered walkways.
Trip and fall hazards: Broken stairs, unsecured rugs, or cracked sidewalks.
Dog bites or animal attacks: Unrestrained or aggressive pets.
Swimming pool injuries: Lack of fencing, poor supervision, or missing safety features.
Falling objects: Items falling from shelves or overhead storage in retail stores.
Negligent security: Assaults in poorly lit or inadequately monitored areas.
Structural defects: Collapsing decks, ceilings, or railings.
Even a seemingly minor fall or injury can result in significant medical costs and lasting pain. That’s why documenting and reporting the incident right away is critical.
3. What to Do Immediately After the Accident
If you’re hurt on someone else’s property, your actions in the moments that follow can protect your rights and strengthen your potential claim.
Step 1: Seek medical attention
Your health comes first. Even if your injuries seem minor, symptoms like concussions or internal injuries might not appear immediately. Medical documentation also creates an official record of your injury’s cause and severity.
Step 2: Report the incident
Notify the property owner, landlord, or on-duty manager as soon as possible. Ask them to create an incident report and request a copy. If the police respond (for example, in a dog bite or serious injury), get a copy of the police report as well.
Step 3: Take photos and gather evidence
Document everything: the hazardous condition, your injuries, and the surrounding area. Capture photos before anything is cleaned or repaired. If there were witnesses, collect their names and contact information.
Step 4: Avoid making statements about fault
Do not apologize or speculate about what happened — these statements can be used against you later. Stick to the facts when describing the incident.
Step 5: Contact a premises liability lawyer
An experienced Texas personal injury attorney can help you determine whether you have a valid claim and handle communication with insurance companies on your behalf.
4. Proving Negligence in a Premises Liability Claim
To pursue compensation, your attorney must establish four essential elements of negligence:
Duty of Care: The property owner had a legal responsibility to keep the premises safe for lawful visitors.
Breach of Duty: The owner failed to address or warn of a dangerous condition.
Causation: That negligence directly caused your injury.
Damages: You suffered measurable harm — such as medical expenses, lost wages, or pain and suffering.
Evidence like maintenance logs, security footage, and witness statements can help demonstrate how the property owner failed in their duty.
5. How Texas Law Handles Comparative Negligence
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001.
This means:
You can still recover damages even if you were partially at fault — as long as you are less than 51% responsible for the accident.
However, your compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault and awarded $100,000, your recovery would be reduced to $80,000.
Insurance companies often use this rule to shift blame onto victims — which is why having a lawyer to defend your rights is essential.
6. Possible Compensation You May Be Entitled To Seek
Every case is unique, but victims of property-related injuries in Texas may be eligible to seek compensation for:
Medical expenses: Hospital visits, rehabilitation, medications, or ongoing care.
Lost income: Wages you lost while recovering.
Loss of earning capacity: If your injury affects your ability to work long-term.
Pain and suffering: Physical pain and emotional distress.
Disfigurement or disability: Permanent changes that affect your quality of life.
Loss of consortium: The impact of your injuries on family relationships.
A qualified premises liability attorney can assess your damages and pursue maximum compensation based on your specific circumstances.
7. How Long You Have to File a Claim in Texas
In most Texas premises liability cases, the statute of limitations gives you two years from the date of the accident to file a lawsuit.
Failing to file within that period usually means losing your right to recover compensation.
However, exceptions may apply — such as when the victim is a minor or when injuries were not immediately discoverable. It’s best to contact an attorney as soon as possible to ensure your claim is filed on time.
8. Dealing with Insurance Companies
Insurance companies representing property owners are focused on minimizing payouts. You might be pressured to give a recorded statement, sign a release, or accept a low settlement offer.
Before you agree to anything, consult with a lawyer who can:
Handle communication on your behalf
Calculate your total damages
Negotiate with insurers for a fair settlement
File a lawsuit if necessary
At Carrollton Injury Law, our team protects your rights every step of the way — so you can focus on healing while we handle the rest.
9. Examples of Premises Liability Scenarios
While every case is unique, here are a few examples of how property owner negligence can lead to serious injury:
A grocery store fails to clean up a spill for hours, and a shopper slips and breaks their wrist.
A homeowner knows their dog has bitten before but allows it near guests without a leash.
An apartment complex ignores repeated complaints about broken stair railings, leading to a tenant’s fall.
A hotel fails to install proper lighting or security in its parking lot, resulting in an assault.
In each case, the injury could have been prevented if reasonable care had been taken.
10. How a Texas Premises Liability Lawyer Can Help
Navigating a property injury claim is complex — especially when dealing with medical bills, missed work, and insurance adjusters. A lawyer can make all the difference by:
Investigating your accident and identifying liable parties
Collecting crucial evidence before it disappears
Working with experts like engineers or medical professionals
Negotiating settlements that reflect the true cost of your losses
Taking your case to court if fair compensation isn’t offered
At Carrollton Injury Law, we believe that injured Texans deserve compassion, personal attention, and a dedicated advocate who truly puts personal back into personal injury law.
11. When the Property Owner Is a Business
If your injury occurred at a commercial property — such as a store, restaurant, or hotel — the business’s liability insurance often covers your damages. However, large companies often have legal teams trained to deny or delay claims.
A skilled Texas premises liability lawyer can help gather surveillance footage, employee logs, and inspection reports to prove the business’s negligence.
12. When the Property Owner Is a Friend or Neighbor
Injuries on residential property can feel uncomfortable — especially if you know the homeowner personally.
Keep in mind: You’re not suing your friend — you’re making a claim against their homeowner’s insurance policy.
This ensures your medical bills and other losses are covered without personal financial harm to the property owner.
13. Protecting Your Rights Starts Today
In Texas, evidence fades quickly, witnesses forget details, and property owners repair hazards after accidents. Acting fast is key to building a strong claim.
If you’ve been injured on someone else’s property — whether it’s a home, business, or public space — you don’t have to navigate this alone.
At Carrollton Injury Law, we’re ready to listen, help you understand your rights, and guide you toward fair compensation for your injuries.
Frequently Asked Questions
1. What should I do if I was hurt on someone’s property but didn’t report it immediately?
You should still seek medical care right away and contact a lawyer. Even if you didn’t report the accident at the time, medical documentation and witness statements can help establish your claim.
2. Can I sue if I was partially at fault for the accident?
Yes, as long as you were less than 51% responsible under Texas comparative negligence law. Your compensation would simply be reduced by your percentage of fault.
3. Who pays for my medical bills after a premises injury?
Usually, the property owner’s liability insurance covers your damages. However, you may need to use your health insurance initially until your case is resolved.
4. What if the property owner denies responsibility?
That’s common. A personal injury lawyer can investigate the incident, gather evidence, and file a claim or lawsuit to hold them accountable.
5. How long will it take to settle my case?
Each case is unique. Some are resolved in a few months; others take longer, depending on the complexity of the injury, insurance company cooperation, and whether litigation is necessary.
Conclusion: Take the First Step Toward Justice
Being injured on someone else’s property can leave you with pain, uncertainty, and medical bills you shouldn’t have to face alone. But with the right legal help, you can seek justice and pursue the compensation you deserve.
At Carrollton Injury Law, we’re proud to stand up for injured Texans — putting personal care and attention at the heart of every case we handle.
If you were hurt on someone else’s property, reach out today. Let us help you move forward with confidence and peace of mind.
