Common causes

Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:

  • Wet floors or broken walkways
  • Poor lighting or unsafe stairs
  • Falling displays or building parts
  • Unsafe gates, locks, or security

Evidence that may help

Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.

  • Photos before the hazard changes
  • Store or building video
  • Incident and inspection records
  • Prior complaints and witness names

Actual knowledge, constructive knowledge, and control

A premises claim is not proved merely because an injury happened on someone's property. For an invitee claim, the plaintiff generally must identify an unreasonably dangerous condition and prove that the defendant had actual or constructive knowledge of it. Constructive knowledge may be shown through evidence that the condition existed long enough that a reasonable inspection should have found it.

The correct defendant is often the person or company that possessed or controlled the area, not simply the record owner. Open and obvious conditions can limit the duty, but Texas recognizes narrow exceptions, including some necessary-use situations. Negligent activity and premises defect are different theories and should not be treated as interchangeable.

Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.

What may be recovered?

A premises claim may seek supported medical costs, lost income, pain, impairment, disfigurement, and future losses caused by the injury.