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Texas Premises Liability: Your Rights After Injuries on Another’s Property

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Hurt Away From Home? How Texas Premises Liability Can Help You Recover

More than 8 million emergency room visits in the United States each year are related to falls, and a significant share happen in stores, parking lots, restaurants, and other places away from home. In Texas, the law provides a path to seek compensation when unsafe property conditions cause preventable injuries. If you or a loved one was hurt because a property owner failed to keep their premises reasonably safe, you may have legal options to pursue financial recovery.

What Premises Liability Means in Texas

Premises liability refers to the legal duty property owners and occupiers owe to people on their property. That duty covers taking reasonable steps to identify hazards, fix them, or provide adequate warning so visitors can avoid harm. When those steps are ignored and someone gets hurt, the injured person can often seek damages through a personal injury lawsuit under Texas premises liability law.

Common scenarios that lead to premises claims include:

  • Slip-and-fall incidents on slick or uneven surfaces
  • Trip hazards, such as loose cords, unmarked steps, or crumbling pavement
  • Falling merchandise or objects from shelves, ceilings, or displays
  • Malfunctioning equipment, like escalators, elevators, or automatic doors
  • Hazardous construction zones without proper barricades or signage
  • Inadequate lighting or security contributing to assaults or theft-related injuries

Not Every Injury Creates a Claim

Texas law does not make a property owner an insurer of everyone’s safety. To have a viable case, you must show that the owner or occupier owed you a duty, they breached that duty by failing to act reasonably, that failure caused your injury, and you suffered actual damages (medical bills, lost wages, pain, etc.).

Here’s an example: If a store knows or should know that a parking lot light is out and customers are regularly walking in the dark, injuries from an assault might be traced to inadequate security measures. Conversely, if a restaurant mops a spill and posts clear, conspicuous “Wet Floor” signs, a customer who ignores those warnings and falls may face an uphill battle proving negligence. In such cases, there may be no viable liability lawsuit.

Your Legal Status Matters: Invitee, Licensee, or Trespasser

Texas recognizes different duties depending on why you were on the property:

  • Invitees (customers, patrons): Owed the highest duty. Owners must regularly inspect for hazards and either fix them or warn invitees.
  • Licensees (social guests): Owners must not willfully harm and must warn of known dangers that aren’t obvious.
  • Trespassers: Generally owed only a duty not to intentionally harm, though special rules protect children from artificial conditions that attract them (the “attractive nuisance” doctrine).

Your status can affect what must be proven, so accurately identifying it is crucial during an investigation.

Notice and Foreseeability: What the Owner Knew (or Should Have Known)

Winning a premises claim often turns on notice and foreseeability. You’ll need to show the owner had actual knowledge of the hazard or constructive knowledge—that the condition existed long enough that they should have discovered it through reasonable inspections. For instance, a spill that sits unnoticed for an hour differs from a spill that occurred seconds before an accident. Likewise, recurring problems (leaky freezers, wobbly handrails, broken steps) can put an owner on notice to fix or cordon off the danger.

The “Open and Obvious” Defense

Owners frequently argue that the hazard was open and obvious, or that warnings were adequate. If a condition is clearly visible and avoidable, or if reasonable warnings were posted, the defense may defeat or reduce a claim. Photographs, witness accounts, and surveillance footage are often critical in countering this argument.

Comparative Fault: How Your Actions Affect Recovery

Texas follows a modified comparative responsibility rule. If you are 50% or less at fault, your damages are reduced by your percentage of responsibility. If you are 51% or more at fault, you cannot recover. Insurers often try to shift blame to injured people—arguing they failed to watch their step, wore unsafe footwear, or ignored warnings—so documented evidence is vital.

Evidence That Can Strengthen Your Case

Swift, thorough documentation can make a significant difference. Consider these steps whenever it’s safe to do so:

  • Report the incident to the manager or property owner and request an incident report.
  • Photograph or video the hazard, the surrounding area, lighting, warning signs (or lack of them), and your injuries.
  • Collect contact information for witnesses and employees who observed the condition or the incident.
  • Preserve physical evidence, such as the footwear you were wearing and any clothing with residue (grease, cleaning solution).
  • Seek timely medical care and follow your treatment plan; gaps can undermine causation claims.
  • Avoid recorded statements to insurers before you understand your rights.

Damages You May Be Able to Recover

Successful premises claims can recover compensation for:

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering, mental anguish, and loss of enjoyment of life
  • Household services or mobility aids necessitated by the injury
  • In certain cases, disfigurement or physical impairment

Deadlines and Special Rules

Texas generally sets a two-year statute of limitations for personal injury claims, measured from the date of the incident. Waiting too long can bar your rights entirely. Claims involving government entities have shorter notice requirements and unique hurdles under the Texas Tort Claims Act, so swift action is especially critical if a city, county, or public agency is involved. Early legal counsel can also help preserve time-sensitive evidence such as surveillance footage or maintenance logs.

How a Lawyer Builds a Premises Liability Case

An experienced attorney can investigate and assemble the proof necessary to meet Texas standards. That work may include:

  • Securing video footage and incident reports before they are lost or overwritten
  • Interviewing employees and witnesses about inspection routines and prior complaints
  • Examining maintenance policies, cleaning logs, and staffing practices
  • Retaining experts in human factors, building codes, security, or premises safety
  • Reconstructing the timeline to establish notice and foreseeability
  • Valuing damages and negotiating with insurers
  • Filing suit and presenting the case to a jury if needed

Real-World Examples

Consider these scenarios that commonly lead to litigation:

  • A grocery store with a leaking freezer that repeatedly causes slick floors, yet no absorbent mats or warnings are used.
  • A stairwell light that has been out for weeks, making missteps and falls foreseeable.
  • Merchandise stacked too high on shelves, regularly shifting and falling onto customers.
  • An apartment complex that ignores reports of broken handrails or uneven stairs.
  • A shopping center that fails to address prior incidents of nighttime assaults despite a known pattern.

Each example turns on whether the owner knew or should have known about the hazard, whether reasonable safeguards were implemented, and whether any warnings were sufficient to protect visitors.

Practical Tips After an Injury

Beyond immediate medical care, a few practical steps can protect your claim:

  • Write down a detailed account while events are fresh.
  • Keep all bills, receipts, and correspondence connected to the incident.
  • Ask a trusted person to revisit the scene promptly for photos if you were unable to document it.
  • Refrain from social media posts about the accident or your injuries.
  • Consult an attorney early to coordinate preservation letters and evidence requests.

Start Your Path to Recovery

If you or someone you love was injured on another’s property, you do not have to navigate the process alone. You can explore whether the facts support a claim and what compensation may be available through a personal injury lawsuit. A tailored evaluation of your circumstances can help you understand strengths, challenges, and next steps.

Call 1(800) 862-1260 (toll-free) for a free consultation with our Accident Lawyer in San Antonio. Get answers to your questions, learn how Texas premises liability law applies to your situation, and discuss a strategy to pursue the compensation you need for medical care, lost income, and the disruptions to your life. We’ve helped many injured Texans seek accountability after preventable harm away from home—now let’s discuss how we can help you.

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What Is Texas Comparative Fault and How Does It Affect Pedestrian Accident Claims?

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What Is Texas Comparative Fault and How Does It Affect Pedestrian Accident Claims?

After nearly every pedestrian accident in Austin, the driver says the same thing: it was the pedestrian’s fault. They claim the pedestrian was not in a crosswalk, was wearing dark clothing, stepped out without looking, or was distracted by a phone. Insurance companies seize on these claims to reduce or deny compensation for injured pedestrians. But Texas law does not require a pedestrian to be completely blameless to recover damages. The pedestrian accident lawyers at Shaw Cowart have been fighting back against these tactics for 34 years, and they want you to understand how comparative fault actually works in Texas.

Under Chapter 33 of the Texas Civil Practice and Remedies Code, Texas follows a modified comparative fault system. This means that if you are injured as a pedestrian, your compensation is reduced by whatever percentage of fault a jury assigns to you — but you can still recover as long as your share of the blame does not exceed 50 percent. A pedestrian who is found 25 percent at fault still recovers 75 percent of their damages. The experienced personal injury attorneys at Shaw Cowart understand how insurance companies manipulate this system and know how to push back.

The reality is that drivers who hit pedestrians in Austin carry the overwhelming majority of the blame in most crashes. Pedestrian crashes account for just 3 percent of all traffic collisions in Austin but 28 percent of all serious injury and death crashes. Those numbers prove that when vehicles strike pedestrians, the results are catastrophic — and pedestrian accident attorneys know that the driver’s speed, attention, and compliance with traffic laws are almost always the dominant factors.

How Insurance Companies Use Comparative Fault Against You

The Blame-the-Pedestrian Playbook

Insurance adjusters are trained to find any reason to attribute fault to the pedestrian. This is not speculation — it is their standard operating procedure. Common arguments they make are that you were jaywalking or crossing outside a marked crosswalk, that you were wearing dark clothing at night, that you were looking at your phone when you stepped into the street, that you failed to yield to oncoming traffic, or that you were walking while impaired. Every one of these arguments is designed to reduce the payout. Even if they cannot prove you were more than 50 percent at fault (which would bar your claim entirely), shifting even 20 or 30 percent of the blame to you can save the insurance company tens of thousands of dollars.

Why These Arguments Often Fail

Experienced pedestrian accident lawyers know how to dismantle these arguments. First, Texas law does not require pedestrians to be in a marked crosswalk at all times. Pedestrians have the right to cross at unmarked crosswalks (any intersection where two roads meet) and even at mid-block locations, as long as they yield to traffic that is close enough to constitute a hazard. Second, a driver’s duty to keep a proper lookout and exercise due care exists regardless of what the pedestrian is wearing or doing. Driving at a speed that does not allow you to stop for a person in the road is negligence — period. Third, if the driver was speeding, texting, running a red light, or impaired, their negligence is the dominant cause of the crash no matter what the pedestrian was doing.

Real-World Examples of How Comparative Fault Plays Out

Consider a pedestrian who crosses a busy Austin street mid-block at night wearing dark clothing. A driver traveling 15 mph over the speed limit strikes and seriously injures the pedestrian. A jury might assign 30 percent of the fault to the pedestrian and 70 percent to the driver. If the total damages are $500,000, the pedestrian recovers $350,000 — reduced by their 30 percent share, but still a significant amount.

Now consider a pedestrian walking in a marked crosswalk with the walk signal when a driver making a left turn fails to yield and strikes them. In this scenario, the pedestrian bears zero fault, and the driver is 100 percent liable. The full $500,000 in damages is owed.

The point is that comparative fault is a spectrum, not an all-or-nothing determination. Even cases where the pedestrian made a mistake are still worth pursuing if the driver’s negligence contributed to the crash.

The 51 Percent Bar — When You Cannot Recover

There is one hard line in Texas comparative fault law. If a jury finds that you are 51 percent or more at fault for the accident, you recover nothing. This is called the 51 percent bar. Insurance companies work aggressively to push the pedestrian’s fault above this threshold, because it means they pay zero. Pedestrian accident attorneys work just as aggressively to keep your fault percentage as low as the evidence supports — and to make sure the driver’s negligence is fully documented and presented.

Evidence That Matters in Comparative Fault Cases

Building a strong comparative fault case requires evidence that shows what the driver was doing at the time of the crash. Cell phone records can prove the driver was texting. Vehicle speed data from the car’s event data recorder can prove the driver was exceeding the speed limit. Surveillance camera footage can show the driver running a red light or failing to yield. Toxicology results can prove the driver was intoxicated. And the location and condition of the crosswalk, pedestrian signals, and street lighting can all support the argument that the pedestrian acted reasonably under the circumstances.

Do not let the driver’s version of events discourage you from pursuing your claim. The pedestrian accident lawyers at Shaw Cowart will investigate your crash, gather the evidence, and fight to make sure the driver is held responsible for their share of the fault. Consultations are free. If you have a legal question — call us at 512-842-7085.

 

Here are more locations we serve around Austin, Texas
a href=”https://www.shawcowart.com/cedar-park-car-accident-lawyer/” target=”_blank” rel=”noopener”>Cedar Park
George Town
Hutto
Kyle
Leander
Pflugerville
Round Rock
San Marcos

H-1B Program Updates on the Horizon

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H-1B Program Updates on the Horizon – Here’s How They Could Affect You and Your Options

The H-1B visa program, a cornerstone for skilled foreign workers in the U.S., is undergoing significant changes under the Trump administration. These updates could substantially impact H-1B holders and prospective applicants. Understanding these changes and exploring alternative pathways is crucial for those affected. See more:  https://www.eb5brics.com/h1b-visa/eb5 

 

Key Changes to the H-1B Program

 

  1. Shift from Lottery to Wage-Based Selection

The Trump administration has approved a proposal to replace the current lottery system for H-1B visa allocation with a wage-based selection process. This change prioritizes higher-paying positions, potentially disadvantaging early-career professionals and those in lower-paying roles, such as teachers. The goal is to attract highly skilled workers who offer greater economic benefits to the U.S. economy. 

 

The shift to a wage-based H-1B selection system could significantly impact specialty occupations that traditionally offer lower salaries, such as teachers, researchers, and early-career STEM professionals. Under this new system, visas are likely to be awarded to positions with higher prevailing wages, making it more difficult for applicants in essential but lower-paying roles to qualify. This could reduce the availability of foreign talent in critical fields, creating gaps in education, healthcare, and research sectors, while concentrating opportunities in high-paying corporate and tech positions. More details: https://www.eb5brics.com/h1b-visa 

For further information on the H-1B specialty occupations, visit the USCIS website at: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

  1. Increased Scrutiny on ‘Good Moral Character’

For H-1B holders seeking to adjust their status to permanent residency, the U.S. Citizenship and Immigration Services (USCIS) is placing greater emphasis on evaluating “good moral character.” This includes a more detailed review of personal conduct, such as past legal issues or ethical lapses, during the naturalization process.

 

  1. In-Person Visa Renewal Requirements

Starting in September 2025, H-1B visa holders and their dependents will be required to attend in-person interviews in their home countries for visa renewals. This change eliminates the Interview Waiver Program, potentially leading to delays and increased costs for visa holders.

 

Implications for Current H-1B Holders

 

These changes could have several consequences for H-1B visa holders:

 

  • Job Security Risks: Losing an H-1B job may immediately jeopardize legal status, especially with the reduced grace period and increased scrutiny.
  • Family Impact: Dependents on H-4 visas may also lose their status if the primary H-1B holder is affected.
  • Uncertainty About Renewals: Tighter regulations may make H-1B extensions or transfers more challenging.
  • Increased Processing Times: The requirement for in-person interviews could lead to delays in visa renewals and adjustments of status.

 

Implications for Future H-1B Applicants

 

Prospective H-1B visa holders will also face new challenges under the proposed changes:

 

  • Higher Wage Requirements: Entry-level or lower-paying roles may no longer qualify for H-1B selection, making it harder for recent graduates or early-career professionals to secure visas.
  • Increased Competition: With the shift to a wage-based selection system, applicants in high-demand, high-paying fields are more likely to be prioritized, reducing chances for others.
  • More Complex Application Process: Additional scrutiny on employer compliance and the applicant’s qualifications could increase preparation time and legal costs.
  • Uncertainty in Planning Careers: Future workers may need to explore alternative pathways like EB-5, O-1, or family-based visas as a safeguard against H-1B lottery risks and program limitations.

 

Exploring Alternatives: The EB-5 Immigrant Investor Program

Given these uncertainties, the EB-5 Immigrant Investor Program has emerged as a secure alternative for both current and prospective H-1B visa holders.

 

Key Advantages of EB-5

 

  • Status Protection: Applicants and their dependents maintain lawful U.S. status while the EB-5 application is pending.
  • Independence from Employment: No employer sponsorship required, removing the risk associated with layoffs or H-1B cap limitations.
  • Pathway to Green Card: Successful EB-5 applicants and their families receive conditional green cards, eventually leading to permanent residency.

 

Conclusion

 

The wage-based selection system has already received approval from the White House, signaling that the changes are moving closer to implementation. With legislative backing, H-1B applicants and employers alike should prepare for stricter eligibility criteria and a shift in how visas are awarded.

 

With H-1B program changes on the horizon, both current and future visa holders face increased uncertainty regarding job security, renewals, and visa eligibility. Proactively exploring alternatives like the EB-5 visa can provide stability, protect your family’s status, and secure a long-term pathway to U.S. residency.

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