Injured on Someone Else’s Property in Austin? Find Out What Type of Claim You Have.
If you were hurt at a grocery store, apartment complex, bar on 6th Street, hotel, swimming pool, or another Austin property, you likely have a premises liability claim. But not all property injury cases are the same. The type of hazard that caused your injury determines what legal strategy applies, what evidence matters most, and how your case will be built.
Our Austin premises liability lawyers help injured people across Travis County and Central Texas pursue compensation for medical bills, lost wages, pain and suffering, and other damages caused by dangerous conditions on someone else’s property. Use this page to identify your claim type and learn how Texas premises liability law applies to your situation.
Texas law generally gives injury victims two years from the date of the incident to file a premises liability lawsuit under Texas Civ. Prac. & Rem. Code SS 16.003. Evidence like surveillance footage can be overwritten within days and witnesses become harder to locate over time, so contacting an experienced attorney quickly is critical.
Call The Pabst Law Firm at (512) 642-2676 for a free consultation. No fees unless we win.
What Is Premises Liability?
Premises liability is the area of Texas law that holds property owners and occupiers responsible when unsafe conditions on their property cause injuries. Whether the dangerous condition is a wet floor, a broken security gate, an unfenced pool, or a loose dog, the core question is the same: did the property owner fail to maintain reasonably safe conditions or warn visitors about known hazards?
Simply being injured on someone else’s property is not enough to recover compensation. The victim must show the property owner was negligent by proving specific legal elements, including that a hazard existed, the owner knew or should have known about it, and their failure to act caused the injury.
What Type of Premises Liability Claim Do You Have?
Every premises liability case is fact-specific. The sections below cover the most common types of claims we handle. Read the brief description of each to identify which matches your situation, then visit the detailed page for in-depth information about that claim type.
Slip and Fall Accidents
Were you hurt after slipping on a wet floor, tripping over uneven pavement, or falling on a poorly maintained stairway? Slip and fall claims are among the most common premises liability cases in Austin. They happen in grocery stores, restaurants, office buildings, bars, and parking garages throughout the city. Proving these cases often depends on showing how long the hazard existed before the injury and whether the property owner failed to address it.
For a full breakdown of how slip and fall cases work in Texas, what evidence you need, and how compensation is calculated, visit our dedicated page.
Negligent Security
Were you assaulted, robbed, or attacked on a property with inadequate security? Negligent security claims arise when property owners fail to provide reasonable security measures in locations where criminal activity is foreseeable. This includes apartment complexes, parking garages, hotels, nightclubs, and shopping centers. Liability often turns on prior crime history at the property and what the owner did or failed to do in response.
For detailed information on how negligent security claims work, what evidence establishes liability, and your right to civil compensation separate from any criminal case, visit our dedicated page.
Swimming Pool Accidents
Were you or a family member injured in a pool-related incident? Swimming pool accidents can involve drowning, near-drowning, slip and fall injuries on pool decks, diving injuries, or drain entrapment. Claims may arise at private homes, apartment complexes, hotels, or public facilities. Texas law imposes specific duties on pool owners, and the “attractive nuisance” doctrine may apply when children are involved.
For full details on pool owner responsibilities, attractive nuisance rules, and how these claims are pursued, visit our dedicated page.
Dog Bites and Animal Attacks
Were you bitten or attacked by someone’s dog or another animal? Texas follows a “one-bite” rule and also allows claims based on negligence by the animal’s owner. Dog bite cases can involve landlord liability when property owners allow known aggressive animals to remain on the premises. These claims frequently arise in apartment common areas, neighborhood sidewalks, and public parks.
For detailed information on Texas dog bite law, owner and landlord liability, and how compensation works in animal attack cases, visit our dedicated page.
Other Premises Liability Claims
Property injuries extend beyond the categories above. We also handle claims involving:
- Falling merchandise or building materials at stores and construction sites
- Fire, electrocution, or exposure to toxic substances in rental units or industrial properties
- Dangerous stairways and walkways with missing handrails, broken steps, or cluttered hallways
- Escalator accidents in shopping centers and public buildings
If your injury does not fit neatly into one of the categories above, contact us. Our attorneys review the facts of each case to determine whether a viable premises liability claim exists.
When Are Property Owners Legally Responsible for Injuries in Texas?
Regardless of claim type, establishing liability in a premises liability case requires proving:
- A hazardous condition existed on the property
- The owner or manager knew or should have known about it
- They failed to fix the condition or provide adequate warning
- That failure directly caused the victim’s injuries
The duty of care a property owner owes also depends on the visitor’s legal status. Invitees (customers, tenants, hotel guests) are owed the highest duty: the owner must actively inspect for hazards, fix dangerous conditions, and warn of hidden dangers. Licensees (social guests) must be warned of known hidden dangers. For adult trespassers, owners generally must only avoid intentional harm or gross negligence. Special rules under the “attractive nuisance” doctrine may apply to child trespassers when a property contains conditions obviously tempting to children, like unfenced pools or trampolines.
What Compensation Can You Recover?
Financial recovery in a premises liability case depends on injury severity, treatment needs, and the strength of liability evidence. Texas law allows victims to seek both economic and non-economic damages.
Economic damages include:
- Emergency room care and hospitalization
- Follow-up visits, physical therapy, medication, and future medical treatment
- Lost wages and reduced earning capacity
- Out-of-pocket costs like medical equipment, transportation to appointments, and home modifications
Non-economic damages include:
- Physical pain and suffering
- Emotional distress, anxiety, or PTSD
- Loss of enjoyment of life
In wrongful death premises liability cases, surviving family members may also recover compensation for funeral expenses, loss of financial support, and loss of companionship.
What If You Are Being Blamed for Your Own Injury?
Texas uses a “modified comparative negligence” rule, often called the 51% bar rule. If a jury finds you 50% or less at fault, your compensation is reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.
Defense attorneys commonly argue that victims ignored warning signs, wore unsafe footwear, or were not paying attention. Insurance companies often overstate victim fault to reduce payouts. Having an experienced Austin premises liability lawyer makes a significant difference in countering these tactics with facts, evidence, and testimony.
How Our Austin Premises Liability Lawyers Help Your Case
We handle the legal, investigative, and negotiation work so you can focus on healing. From the initial consultation through resolution, our team manages every aspect of your case.
Steps we take include:
- Conducting prompt site inspections before conditions change or are repaired
- Identifying all potentially responsible parties (property owners, management companies, tenants, contractors, security companies)
- Obtaining and preserving key evidence: surveillance footage, incident reports, maintenance logs, crime statistics, and prior complaint records
- Working with professionals (engineers, safety consultants, building code reviewers) to explain why property conditions violated accepted safety standards
- Handling insurance company negotiations and litigating in Travis County courts when necessary
We handle premises liability cases on a contingency fee basis. You pay no upfront fees, and attorney’s fees are collected only if we obtain a settlement or verdict on your behalf.
Steps to Take After a Premises Liability Accident in Austin
Taking the right steps after a fall, assault, or other property-related injury protects both your health and your legal rights:
- Seek immediate medical attention, even if injuries seem minor
- Report the incident to the property owner, manager, or security and request a copy of any incident report
- Document the scene with photos or video of the hazard, surrounding area, lighting conditions, and visible injuries
- Collect witness information, including names and contact details
- Preserve physical evidence like shoes and torn clothing
- Avoid social media posts about the incident
- Do not give recorded statements to insurance companies before speaking with an attorney
Contacting a lawyer early ensures crucial evidence, like surveillance footage that may be overwritten within days, is preserved.
Deadlines: How Long Do You Have to File?
In most Texas premises liability cases, injured people have two years from the date of the incident to file a lawsuit (Texas Civ. Prac. & Rem. Code SS 16.003). Missing this deadline typically means losing the right to pursue compensation entirely.
Claims involving government-owned properties, such as city buildings, public schools, or state facilities, have shorter notice requirements under the Texas Tort Claims Act. Some local government claims require notice within 100 days or six months.
Do not wait. Delays make it harder to gather evidence, locate witnesses, and build a strong case.
Call an Austin Premises Liability Lawyer for a Free Case Evaluation
Not sure which type of premises liability claim you have? That is exactly what we help with. Whether your injury involved a slip and fall , negligent security , a swimming pool accident , a dog bite , or another dangerous property condition, our team will evaluate your situation and guide you to the right path forward.
Consultations are free. There is no obligation, and we only collect a fee if we recover compensation for you. We serve clients across Austin and throughout Travis County and surrounding Central Texas communities.
Contact The Pabst Law Firm at (512) 642-2676 or submit our online contact form to schedule your free consultation. As a boutique, family-run personal injury firm, we give every premises liability case the strategic attention it deserves. Hablamos español.
(512) 641-2676