Premises Liability in Texas: A Fall Doesn’t Guarantee a Payout

What Is Premises Liability Under Texas Law?

Premises liability is an area of personal injury law that holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. However, Texas law strongly favors property owners. The burden is on the injured person—not the insurance company—to prove that the property owner did something wrong.

In a Texas premises liability case, the key question is not whether you were hurt, but why you were hurt and whether the property owner was legally responsible for the condition that caused your fall.

Your Legal Status Matters: Invitee, Licensee, or Trespasser

Texas law classifies people on another’s property into three categories, and your legal rights depend heavily on which category you fall into at the time of the accident.

1. Invitee

An invitee is someone who is on the property for the owner’s benefit—usually a customer or patron. Examples include shoppers at a grocery store, diners at a restaurant, or tenants’ guests in common areas.

Invitees are owed the highest duty of care. Property owners must:

• Inspect the premises for unreasonable dangers

• Fix dangerous conditions within a reasonable time

• Warn invitees of dangers that are not obvious

Most commercial slip and fall cases involve invitees.

2. Licensee

A licensee is someone who is on the property with permission but for their own benefit, such as a social guest at a private home.

Property owners owe licensees a more limited duty. They must:

• Warn of known dangerous conditions

• Avoid gross negligence or intentional harm

There is no duty to inspect for unknown hazards for licensees.

3. Trespasser

A trespasser is someone who enters the property without permission. In most cases, property owners owe trespassers very little duty, except to avoid intentional harm or gross negligence.

This classification is critical. Two people can fall in the same spot and have completely different legal rights based solely on why they were on the property.

Liability Insurance: Why Coverage Does Not Equal Payment

Many commercial properties in Texas carry general liability insurance, often with policy limits of $1 million or more. Homeowners typically have liability coverage as well.

However, insurance coverage does not mean automatic payment.

Insurance companies only pay if:

• The property owner is legally liable, and

• The injured person proves negligence under Texas law

If liability is unclear or disputed, insurers will deny the claim—even if injuries are severe.

No-Fault Medical Payments Coverage: What It Is (and What It Isn’t)

Some properties—both commercial and residential—carry medical payments coverage, often called “med pay.”

Med pay coverage:

• Is usually a small amount (often $1,000–$5,000)

• Pays limited medical bills

• Does not require proof of fault

• Does not mean the property owner admits liability

This type of coverage exists simply because someone was hurt on the property. It is similar to medical payments coverage found on Texas homeowners’ insurance policies.

Importantly, accepting med pay does not mean you were at fault, and it does not mean the property owner was at fault. It is often used to cover immediate medical expenses while liability is still being investigated.

What You Must Prove in a Texas Slip and Fall Case

To succeed in a premises liability claim in Texas, you must prove all of the following:

1. An Unreasonably Dangerous Condition Existed

Not every hazard qualifies. Texas law requires proof of an unreasonably dangerous condition, such as:

• Wet floors without warning signs

• Uneven flooring or broken steps

• Poor lighting hiding hazards

• Spilled substances left unattended

Minor imperfections or conditions that are “open and obvious” may not qualify.

2. The Property Owner Knew or Should Have Known About It

You must show either:

• Actual knowledge: The owner or employees knew about the condition, or

• Constructive knowledge: The condition existed long enough that the owner should have known through reasonable inspections

This is often the hardest part of a Texas premises liability case.

3. Failure to Remedy the Condition in a Reasonable Time

Even if a dangerous condition existed, the property owner must have failed to:

• Fix it, or

• Warn about it

Texas law does not require immediate perfection—only reasonable action within a reasonable amount of time.

4. The Condition Caused Your Fall and Injuries

You must prove a direct connection between the dangerous condition and your injuries. Insurance companies frequently argue that:

• The injured person wasn’t watching where they were going

• The fall was caused by something else

• The injuries were pre-existing

Why Slip and Fall Cases Are Often Denied in Texas

Texas is one of the most challenging states for premises liability claims. Insurance companies routinely deny cases because:

• There is no proof of how long the hazard existed

• Surveillance footage is missing or inconclusive

• The injured person waited too long to report the fall

• There is no documentation of the dangerous condition

This is why early investigation, evidence preservation, and legal guidance are critical.

Why Hiring a Board-Certified Personal Injury Attorney Matters

Premises liability claims in Texas are complex, evidence-driven cases that require far more than simply reporting a fall to an insurance company. That is why it is critical to work with a board-certified personal injury attorney with decades of experience. A law firm with over 50 years of combined experience understands how insurance companies evaluate—and deny—these claims. Experienced attorneys know how to coordinate prompt site inspections, preserve evidence before it is altered or destroyed, and obtain critical materials such as surveillance footage, maintenance records, and incident reports. They also know how to retain the right experts, including safety professionals and engineers, to properly identify, define, and explain why a condition was unreasonably dangerous under Texas law. Without this level of expertise, crucial evidence can be lost, deadlines missed, and valid claims unfairly denied. Premises liability cases are not “simple slip and fall” claims—they require legal strategy, technical knowledge, and proven experience.

Final Thoughts: Falling Is Not Enough—Proof Is Everything

In Texas, premises liability law is clear: falling on someone else’s property does not automatically entitle you to compensation. You must prove negligence, fault, and causation under strict legal standards.

Insurance companies are not in the business of paying claims simply because someone was hurt. They pay when the law requires them to—and in Texas, that requires strong evidence and a clear legal theory.

If you or a loved one has been injured in a slip and fall accident, understanding your rights is the first step. The sooner the facts are evaluated, the better the chance of protecting your claim. Contact us today for a free consultation.