Pursuing Full & Fair Compensation for Premises Liability Accident Victims

Our selective, boutique firm focuses on the few who need us most so that we can deliver personalized attention and tailored, results-driven advocacy. To that end, we have recovered over $10 billion in settlements and verdicts for injury victims, and we have also paid out hundreds of millions in referral fees to co-counsel. Our personal injury attorneys have successfully handled and won some of the most high-profile cases in Texas, and the courtroom is where we do our best work, which is why we prepare every case for trial. We recognize what’s at stake and can put our over 200 years of collective legal experience to work for you. 

We answer phones 24/7 and can meet with you virtually, so don’t wait to explore your legal options. You owe our firm no legal fees unless we help you recover compensation. 

How Long Do I Have to File a Premises Liability Lawsuit in Texas?

In Texas, the statute of limitations for premises liability claims generally expires two years from the date of the incident. This means you typically have two years from the date you were injured on someone else’s property to file a lawsuit. You will usually lose your right to seek compensation if you miss this deadline.

While two years might seem like a long time, delaying legal action frequently jeopardizes a case before it begins, as evidence in these matters is highly perishable. Property owners often overwrite surveillance footage, resolve the dangerous condition, or purge maintenance logs within days of an incident. By seeking legal guidance as soon as possible, you give us the opportunity to issue preservation of evidence letters that demand the other party keep these critical records intact. We can aggressively investigate the scene and secure witness testimony while the facts remain fresh.

When Do I Have a Strong Premises Liability Claim in Texas?

Determining the strength of a premises liability claim in Texas requires a rigorous analysis of the facts. A severe injury alone does not automatically create legal liability for a property owner. Instead, Texas law demands that specific and often challenging evidentiary standards be met.

We can evaluate your specific situation and frequently handle cases involving:

• Slips and falls
• Negligent security

The law classifies visitors into three categories: invitees, licensees, and trespassers. The strongest claims tend to involve invitees: individuals who enter a property for the mutual benefit of both parties. This includes customers in a retail store, clients in an office building, or tenants in an apartment complex.

Property owners owe the highest duty of care to invitees. They must address dangers they know about and inspect for dangers they reasonably should know about. If you fell under a different category (such as a social guest or someone entering without permission), the owner's legal obligation to protect you drops significantly, making the claim much harder to prove.

To hold a property owner accountable through a premises liability claim, we must be able to demonstrate that they had notice of the dangerous condition before the injury occurred.

Notice falls into two categories:

• Actual notice. This refers to when the owner or an employee knew the hazard existed. For example, an employee saw a spill and ignored it, or a customer reported a broken step hours earlier.
• Constructive notice. This describes a scenario where the hazard existed long enough that a reasonable owner or operator should have discovered and fixed it. If a spill happened 30 seconds before you slipped, the law likely protects the owner, as they had no reasonable opportunity to resolve the issue. However, if evidence suggests the spill remained there for an hour, the owner may have failed their duty to inspect.

Texas law protects property owners who have dangerous conditions that are plainly visible. If a hazard is "open and obvious,” something an average person would notice and avoid, the owner generally has no duty to warn you about it. If the defendant can establish that you simply weren't watching where you were going, for example, they will likely argue that the fault lies with you.

At Hamilton Wingo, we understand what it takes to win these cases. If you were recently injured on someone else’s property, we can help you understand your legal options and encourage you to schedule a complimentary consultation. We are prepared to take on difficult cases that others might shy away from.

What Types of Compensation Can I Recover in a Premises Liability Case?

When you suffer injuries due to the negligence of a property owner or operator, our attorneys can pursue the maximum compensation you are entitled to under the law. This includes compensation that addresses both the immediate financial shock and the long-term consequences of your injuries.

We can work to secure economic damages to reimburse every dollar you lose because of the incident, including costs for emergency care, surgeries, rehabilitation, and the income you miss while unable to work. Beyond these calculable losses, we can seek non-economic damages for the physical pain, mental anguish, disfigurement, and physical impairment that diminish your quality of life.

If you think you may have a premises liability claim, choose a team that can provide big-firm power with small-firm care. Call (214) 234-7911 or contact us online now.