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When you suffer an injury on someone else’s property, one of your first questions might be whether you should pursue legal action. While not every slip, fall, or accident justifies a lawsuit, Texas law does allow injured parties to seek compensation when a property owner’s negligence causes harm. Knowing when to sue—and when not to—can make all the difference in your physical, financial, and legal recovery.
Scott Scherr at The Payne Law Group helps injured clients in Texas understand their rights and determine the best path forward after premises liability incidents. Here’s what you need to know if you’ve been injured on private, public, or commercial property in Texas.
What Is Premises Liability?
Premises liability is the legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Common premises liability claims include:
- Slip and fall accidents caused by wet floors or uneven surfaces
- Trip hazards like exposed cords, broken sidewalks, or poor lighting
- Dog bites and other animal attacks
- Swimming pool accidents
- Inadequate security leading to assault or theft
- Structural failures such as collapsing stairs or decks
Under Texas law, the duty a property owner owes you depends on your status when entering the property: invitee (business visitor), licensee (social guest), or trespasser. Invitees are owed the highest duty of care, which may include things such as routine inspections and hazard mitigation, remediation or warning.
When You Should Consider Filing a Lawsuit
The Property Owner Knew—or Should Have Known—About the Hazard
If the owner or occupier of the property was aware of the dangerous condition (like a loose railing or a spill) and failed to warn you or fix it, that’s a strong basis for a claim. You don’t have to prove they intentionally caused your injury—just that they were negligent in maintaining a safe environment or failing to warn.
Your Injuries Resulted in Significant Medical Bills or Lost Income
Not every injury results in a lawsuit. But if your injury required emergency care, hospitalization, surgery, or left you unable to work, pursuing compensation may be necessary to avoid financial hardship. A premises liability claim can cover medical expenses, lost wages, rehabilitation, and even pain and suffering.
You Were an Invitee with a Clear Right to Safety
Businesses have a legal obligation to keep their premises reasonably safe for customers. If you were injured in a store, hotel, or office building, your status as an invitee gives you strong legal protection. Courts typically expect commercial establishments to actively monitor and correct potential hazards.
The Property Owner Denied Responsibility or Refused to Pay
If the owner or their insurance company is disputing your injury, delaying compensation, or denying your claim outright, you may need to file a lawsuit to protect your rights. Insurance companies often undervalue or reject valid claims unless legal pressure is applied.
When a Lawsuit Might Not Be the Right Move
While legal action can be appropriate, not all injuries on someone else’s property justify a lawsuit.
Minor Injuries That Healed Quickly
If your injury was minor (like a scraped knee or slight bruise) and didn’t require medical attention or time off work, a lawsuit is probably not necessary. In these cases, informal resolution or a small insurance claim may be sufficient.
You Were Trespassing or Acting Recklessly
Adult trespassers generally have very limited rights under Texas law, except in rare cases involving gross negligence or intentional harm. However, child trespassers may be protected under the attractive nuisance doctrine in specific circumstances.
The Dangerous Condition Was Obvious and Avoidable
Property owners aren’t responsible for every accident. If the hazard was open and obvious—such as a clearly marked construction area or a cordoned-off wet floor—and you chose to enter anyway, a court may find that you assumed the risk.
Common Injuries That May Justify a Premises Liability Claim
Certain injuries are more likely to have long-term impacts and justify litigation, especially if a property owner’s negligence caused them. These may include:
- Fractures or broken bones
- Head injuries, including concussions or traumatic brain injury (TBI)
- Back, neck, and spinal cord injuries
- Cuts requiring stitches or plastic surgery
- Burns or electrical injuries
- Dog bites resulting in disfigurement or infection
When these injuries occur due to unsafe conditions—especially on commercial property—legal action may be your best path to compensation.
Proving a Premises Liability Case in Texas
To succeed in a lawsuit, you must prove four main elements:
- Duty: The property owner had a legal duty to ensure a safe environment.
- Breach: The owner breached that duty by failing to correct or warn of a dangerous condition.
- Causation: The hazardous condition caused your injury.
- Damages: You suffered actual harm (physical, financial, or both) as a result.
Evidence such as photographs, surveillance footage, medical records, and witness statements will be essential in building a strong case.
Local Experience Matters in Texas Premises Liability Cases
Every county and court in Texas has unique procedures, jury tendencies, and legal nuances. That’s why working with a local attorney who understands Texas premises liability law—like Scott Scherr at The Payne Law Group—can make a significant difference in your outcome.
With over 20 years of experience handling injury claims across Central Texas, Scott Scherr offers practical guidance, aggressive advocacy, and personal attention. He knows how to investigate property conditions, work with experts, and push back against insurance companies that refuse to pay.
Knowing Your Rights Is the First Step
Injuries on someone else’s property can be physically and emotionally overwhelming, especially when you’re unsure what to do next. Whether your case warrants a lawsuit depends on the facts, the extent of your injuries, and whether the property owner acted negligently.
If you’re unsure whether to sue, contact Scott Scherr at The Payne Law Group today.