Take Control of Your Rights
After an Unexpected Injury

Premises liability refers to injuries caused by unsafe or dangerous conditions on someone else’s property, like a wet floor, broken stairs, or poor lighting. In Texas, property owners have a duty to keep their spaces reasonably safe, especially for invited guests. When they fail to fix or warn about hazards they knew (or should have known about, serious injuries can happen.

Under Texas law, these cases are governed by negligence principles and the modified comparative fault rule (Tex. Civ. Prac. & Rem. Code §33.001), meaning you can recover damages if you are 50% or less at fault. You generally have two years to file a claim (§16.003). Our attorneys use legal experience and medical insight to evaluate injuries, gather evidence, and help you pursue the maximum possible compensation available under Texas law.

Steps to Take in a Premises Liability Case:

  • Seek medical attention and document all injuries and symptoms
  • Report the incident to the property owner, manager, or staff
  • Take clear photos and videos of the hazard, surroundings, and lighting conditions
  • Preserve physical evidence such as clothing, shoes, or damaged personal items
  • Gather names and contact information of witnesses at the scene
  • Request and keep copies of incident reports or written complaints
  • Note the date, time, and exact location of the incident while details are fresh
  • Avoid giving recorded statements to insurers without legal guidance
  • Keep all medical records, bills, receipts, and follow-up care documentation
  • Contact a premises liability attorney for guidance

Premises Liability FAQs

What if the Property Owner Says They Didn’t Know About the Hazard?

In Texas, you must show the owner had actual or constructive knowledge of the dangerous condition. This means they either knew about it or should have discovered it through reasonable inspections. Evidence like maintenance records, surveillance footage, or prior complaints can help establish actual or constructive knowledge. Our attorneys use both legal experience and medical insight to connect the likely duration of a hazard with the injuries it caused.

Can I Still Recover Compensation if I Was Partially at Fault?

Yes. Texas follows a modified comparative fault system:

  • 0-50% at fault: You can still recover compensation
  • 51% or more at fault: You cannot recover damages

However, your compensation is reduced by your percentage of fault. For example, if you are found 20% responsible, your recovery is reduced by 20%. Our attorneys work to present clear evidence so that fault is fairly evaluated and not shifted onto you unnecessarily.

How Long Do I Have to File a Claim in Texas?

Most premises liability cases must be filed within two years from the date of injury. While that may sound like enough time, evidence, like incident reports or video footage, can disappear quickly. Acting early helps preserve what matters most.

What Types of Compensation Are Available?

Depending on your case, you may be able to recover:

  • Medical expenses (current and future)
  • Lost wages and reduced earning ability
  • Pain and suffering
  • Long-term or permanent injury impacts

At Omondi & Associates, our attorneys approach every case with a medically informed understanding of your injuries and a lawyer’s focus on building a strong claim, helping you take informed steps toward securing the best possible compensation available under Texas law.

Contact Us for a Free Case Evaluation

It Costs Nothing to Understand Your Options After a Premises Liability Injury

If you’re dealing with an injury from unsafe property conditions, you don’t have to sort it out alone. At Omondi & Associates, our attorneys carefully review the medical and legal details behind your case to help you understand your options clearly. Led by founding attorney Tom Omondi, who brings a rare perspective as both a registered nurse and attorney, our team helps you pursue the best possible outcome. Reach out today to schedule your free case review.

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