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Austin Premises Liability Lawyer

Reviewed by Michael Erskine | Texas Personal Injury Attorney | Last Reviewed Oct. 2026

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11606 N Interstate Hwy 35 Austin, TX 78753
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135 W Slaughter Lane Ste. A Austin, TX 78748

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Property owners have a responsibility to keep their premises reasonably safe for visitors. When they fail to repair unreasonably dangerous conditions or warn people about known hazards, serious injuries can occur. From grocery stores and restaurants to apartment complexes, unsafe property conditions can lead to accidents that may have been preventable.

The Carlson Law Firm helps clients throughout Austin and Travis County understand their legal options after injuries caused by unsafe property conditions. If you were hurt because a property owner failed to maintain a safe environment, our Austin personal injury attorneys can explain whether you may have grounds to pursue compensation.

Unsafe property conditions that may lead to a premises liability claim in Austin, Texas.

What Is Premises Liability?

Premises liability is an area of personal injury law involving injuries caused by conditions on property owned, occupied or controlled by another party. A premises liability claim generally requires an unreasonable risk of harm, along with other elements that depend on the circumstances of the case.  

Texas courts distinguish unreasonably dangerous conditions from ordinary or easily avoidable conditions. As a result, common property conditions or variations do not automatically create premises liability just because someone was injured.  

Conditions that may be involved in premises liability claims include: 

  • Wet or slippery floors  
  • Uneven sidewalks  
  • Broken stairs or handrails  
  • Poor lighting  
  • Falling merchandise  
  • Dog attacks  
  • Swimming pool hazards  
  • Negligent security  
  • Elevator or escalator accidents  
 

Whether one of these conditions creates an unreasonable risk of harm depends on the specific facts. An Austin premises liability lawyer can investigate the circumstances, including the property condition and how long it existed, to determine whether a claim may be available. 

Common Types of Premises Liability Cases in Austin

Unsafe property conditions can occur almost anywhere. Some of the most common premises liability claims involve the following types of accidents:

Slip and Fall Accidents

Slip and fall accidents can happen because of hazardous conditions like wet floors, uneven walkways, and loose carpeting. Property owners generally have a responsibility to address known dangers or provide adequate warning to visitors.

Negligent Security

Property owners may be responsible for providing reasonable security when criminal activity is foreseeable. Poor lighting, broken gates, inadequate security or malfunctioning locks can contribute to preventable injuries.

Falling Objects

Improperly stacked merchandise, unsecured shelving and falling displays can cause serious injuries. These accidents typically occur in retail stores, warehouses and other commercial properties.

Dog Bite Injuries

Dog attacks can occur at apartment complexes, private residences and public spaces. Depending on the circumstances, a dog owner or property owner may be responsible for the injuries.

Swimming Pool Accidents

Unsafe pool conditions, broken gates and defective equipment can lead to severe injuries or drowning incidents at hotels, apartment complexes and community pools.

Elevator and Escalator Accidents

Poor maintenance, defective equipment and mechanical failures can cause injuries in office buildings, hotels, shopping centers and airports.

Parking Lot and Sidewalk Hazards

Broken sidewalks, potholes, uneven pavement and poor lighting can create hazards for pedestrians entering or leaving commercial properties.

Where Premises Liability Accidents Commonly Occur in Austin

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Premises liability accidents can happen almost anywhere people visit. In Austin, these claims frequently arise at:

 

Although every property is different, most owners have a responsibility to maintain reasonably safe conditions for lawful visitors.

Who May Be Responsible for a Premises Liability Injury?

Determining liability is not always as simple as identifying the owner of a property. Depending on the circumstances, multiple parties can share responsibility for maintaining safe conditions, including:

  • Property owners
  • Property management companies
  • Retail businesses
  • Restaurants
  • Hotels
  • Apartment complexes
  • Cleaning contractors
  • Maintenance companies
  • Security companies
  • Other businesses operating on the property
 

An investigation may be necessary to determine which parties had responsibility for the condition that caused the injury.

Video: Hire the Right Personal Injury Lawyer

When Can a Property Owner Be Held Liable?

Not every injury that occurs on someone else’s property results in a premises liability claim. Generally, liability depends on whether an unreasonable risk of harm existed and whether the party responsible failed to take reasonable steps to address it. Factors that may affect liability include:

  • Whether a hazardous condition existed
  • Whether the property owner knew or should have known about it
  • Whether reasonable steps were taken to repair the hazard
  • Whether adequate warning was provided
  • Whether the dangerous condition directly caused the injury
 

Every case depends on its own facts, and it can take a detailed investigation to determine liability.

What Compensation May Be Available?

Every premises liability case is different, but injured individuals may be able to recover economic and non-economic damages. Depending on the circumstances, other damages may also be available under Texas law.

Economic damages may include:

  • Medical expenses
  • Future medical treatment
  • Rehabilitation costs
  • Lost wages
  • Reduced earning capacity
  • Out-of-pocket expenses

Non-economic damages may include:

  • Pain and suffering
  • Physical impairment
  • Permanent disability
  • Loss of enjoyment of life

How Is Liability Proven?

Successful premises liability claims need evidence demonstrating that an unreasonably dangerous condition existed and that another party’s negligence caused the injury. Evidence may include:

  • Surveillance footage
  • Photographs of the hazard
  • Incident reports
  • Maintenance records
  • Cleaning logs
  • Inspection reports
  • Witness statements
  • Medical records
  • Expert testimony
 

Preserving evidence after an accident can play an important role in establishing liability. An attorney can review the facts of your case and explain any legal options.

Unsafe property conditions that may lead to a premises liability claim in Austin, Texas.
Unsafe property conditions that may lead to a premises liability claim in Austin, Texas.

What Should You Do After a Premises Liability Accident?

If you are injured because of unsafe property conditions, taking a few important steps may help protect your health and any potential legal claim. Steps that could help include:

  • Reporting the accident
  • Seeking medical treatment
  • Photographing the hazardous condition
  • Obtaining witness contact information
  • Preserving footwear or damaged clothing
  • Keeping medical bills and receipts
 

Before accepting a settlement offer, it may be beneficial to understand all available legal options by speaking with a premises liability attorney.

How Long Do You Have to File?

In many cases, Texas law provides two years to file a premises liability lawsuit. However, injuries that occur on property owned by a government entity can have different deadlines or notice requirements.

Because surveillance footage and other important evidence may not be kept indefinitely, it can be beneficial to start investigating a claim as soon as possible.

Premises Liability FAQ

Can I file a claim if I slipped on a wet floor?

Possibly. If the property owner knew or should have known about the hazardous condition and failed to address it or provide adequate warning, you may have grounds to pursue a premises liability claim.

What if there was no warning sign?

The absence of a warning sign can be one factor in determining liability, but every case depends on the facts surrounding the accident.

Can I sue my apartment complex?

If unsafe conditions at your apartment complex caused your injuries, you may be able to pursue compensation depending on the circumstances.

What if I was partially at fault?

Texas follows modified comparative responsibility rules, meaning your ability to recover compensation may depend on the percentage of responsibility assigned to each party. Under Texas Civil Practice and Remedies Code Chapter 33, your recovery may be reduced by your percentage of fault. In some circumstances, you may be barred from recovering damages altogether.

Do I need an attorney?

Premises liability claims often involve disputes over who was responsible for maintaining the property and whether an unreasonable risk of harm existed. An attorney can explain your legal options based on the facts of your case.

Speak With an Austin Premises Liability Lawyer

Property owners and businesses have a responsibility to maintain reasonably safe conditions for visitors. When that responsibility is ignored, serious injuries can occur. An experienced attorney can review the circumstances surrounding your accident, identify any responsible parties and explain the legal options available.

If you were injured because of unsafe property conditions in Austin or the surrounding Central Texas communities, The Carlson Law Firm is available to help. Contact us today to schedule your free consultation.

The Carlson Law Firm

With 18 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

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