If you were hurt on someone else's property in Austin because of a dangerous condition, you may have a premises liability claim. Our Austin premises liability lawyers at Ramos James Law represent injured clients in Travis County and throughout Central Texas when property owners fail to maintain safe conditions.
Property owners and their insurers rarely admit fault on their own. The moment an incident is reported, their team starts building a file designed to minimize what they pay. We help level that playing field from day one.
We handle every case on contingency. You pay nothing unless we recover for you. Call (512) 537-3369 for a free case review. Available 24/7.
- Contact Ramos James Law
- What Premises Liability Law Actually Requires of Property Owners
- Who Can Be Held Liable for Your Injuries in Austin?
- What Our Austin Premises Liability Lawyers Have Won at Trial
- What Types of Accidents Fall Under Premises Liability in Austin?
- What You Need to Prove to Win a Premises Liability Case in Texas
- How Long Do You Have to File a Premises Liability Claim in Texas?
- Why the Property Owner's Insurance Company Is Not On Your Side
- Ask Ramos James
- Frequently Asked Questions
- Get a Clear Answer on Whether You Have a Case
What Premises Liability Law Actually Requires of Property Owners
Texas premises liability law requires property owners to maintain reasonably safe conditions for anyone with a right to be on their property. That duty is active, not passive. It means inspecting the property, fixing hazards, and warning visitors about dangers that are not obvious.
Customers, tenants, and invited guests are classified as "invitees" under Texas law. Invitees receive the highest level of legal protection available. A business cannot claim ignorance of a dangerous condition if the hazard existed long enough that a reasonable inspection would have found it.
Texas law is tough on victims of premises cases.
When a property owner fails that duty and someone gets hurt, Texas law provides a path to hold them accountable. That path is a premises liability claim.
Who Can Be Held Liable for Your Injuries in Austin?
More than one party can be legally responsible for your injuries in an Austin premises liability case. The property owner, property management company, on-site business, and maintenance contractors may all share liability depending on the facts.
Properties where we regularly handle premises liability cases in Austin include:
- Hotels, motels, and short-term rental properties along the I-35 corridor and near Austin-Bergstrom International Airport
- Apartment complexes in East Austin, South Riverside, and the Ben White corridor
- Retail centers and shopping destinations including South Congress, The Domain, and major grocery chains
- Parking garages and surface lots with inadequate lighting or broken security equipment
- Commercial properties with deferred maintenance creating hidden hazards for visitors
Identifying all liable parties from the beginning affects how much your family can recover. Different parties carry different insurance policies, and pursuing only one may leave significant recovery on the table.
What Our Austin Premises Liability Lawyers Have Won at Trial
Lead attorney Laura Ramos James secured a $1,273,000 jury verdict in a premises liability case against Hyatt Hotel right here in Texas. That case went to trial against a corporate defendant with a full legal team and significant resources. We won.
Laura has been recognized as a Super Lawyer continuously since 2020. She is a member of the Top 100 National Trial Lawyers and the Multi-Million Dollar Advocates Forum. She has been named a Changemaker by Austin Woman Magazine and received the Advocacy and Activism Award from the Latina Foundation.
Laura also brings something most attorneys cannot offer: she knows what it means to be injured because of someone else's negligence. She has been a personal injury victim herself. That firsthand experience shapes every premises liability case she takes and how she listens to every client who walks through the door.
What Types of Accidents Fall Under Premises Liability in Austin?
Premises liability in Texas covers any injury caused by a dangerous condition a property owner should have fixed or warned about. It is a broader category than slip and fall accidents alone.
Types of premises liability cases we handle for Austin clients include:
- Slip and fall accidents from wet floors, broken stairs, uneven pavement, or missing handrails
- Negligent security cases: assaults, robberies, or attacks that occurred because a property lacked adequate lighting, working locks, security personnel, or surveillance systems
- Swimming pool and recreation area accidents caused by missing fences, absent signage, or inadequate supervision
- Injuries from falling objects, broken fixtures, or structural defects inside commercial buildings
- Elevator and escalator malfunctions in hotels, retail centers, and office buildings
If your injury happened on someone else's property because of a dangerous condition, a premises liability claim may apply. An attorney can evaluate the specific facts.
What You Need to Prove to Win a Premises Liability Case in Texas
Winning a premises liability case in Texas requires establishing three core elements.
A dangerous condition existed on the property. The owner knew about it, or the hazard was present long enough that they should have discovered it. And the owner failed to fix the condition or warn visitors before someone got hurt.
That second element, what the owner "should have known," is where most cases are decided. Proving it requires evidence gathered early: maintenance logs, prior incident reports, inspection records, and surveillance footage. Most commercial properties overwrite surveillance footage within 24 to 72 hours.
The sooner an attorney gets involved, the more of that evidence can be preserved.
How Long Do You Have to File a Premises Liability Claim in Texas?
Texas gives most premises liability claimants two years from the date of injury to file a lawsuit. That deadline is set by Texas Civil Practice and Remedies Code § 16.003.
Two years feels like enough time. In practice, witness memories fade, businesses change ownership, and key documents become harder to obtain.
If your injury occurred on government-owned property, a shorter deadline may apply. Some claims against Texas municipalities require formal written notice within six months of the incident. Contact us now to confirm you are inside the filing window.
Why the Property Owner's Insurance Company Is Not On Your Side
Property owners carry liability insurance precisely because accidents happen on their premises. The moment you report an injury, that insurer's clock starts. Adjusters document the scene, pull available footage, and begin building a file designed to minimize what they pay.
One of their most common tactics is Texas's modified comparative fault rule. If they can assign you 30% of the blame, your recovery drops by 30%. If they push that number past 50%, you cannot recover anything under Texas law.
We counter those arguments by building a parallel record of what actually happened. That means securing footage before it disappears, gathering incident reports, locating witnesses, and retaining liability experts when the facts require it.
Ask Ramos James
Q: Can I sue a business in Austin if I was injured on their property?
A: Yes, an Austin business can be sued if a dangerous condition they knew about, or should have found, caused your injury. Under Texas premises liability law, customers and invited guests receive the highest legal protection available. The key question is whether the business knew or should have known about the hazard before you got hurt.
Q: What if I was assaulted in a parking lot or apartment complex in Austin?
A: Yes, you may have a premises liability claim if you were assaulted in a parking lot or apartment complex in Austin. These are called negligent security cases. They apply when the property owner knew crime was a risk in that area and failed to take reasonable protective measures for visitors or residents.
Q: How much is a premises liability case worth in Austin?
A: Premises liability case values depend on injury severity, total medical costs, lost income, and the degree of the property owner's negligence. Cases that go to trial can result in significantly higher recoveries than negotiated settlements. The $1,273,000 verdict our team won against Hyatt Hotel reflects what is possible when a case is fully prepared and tried.
Q: Do I need a lawyer if the property owner's insurance already contacted me?
A: Yes, you need a lawyer before speaking further with the property owner's insurer. That early contact is not a courtesy. It is a step toward settling your claim before you understand its full value. Anything you say without legal representation can reduce what you ultimately recover.
Q: What should I do right after getting hurt on someone else's property in Austin?
A: After getting hurt on someone's property in Austin, report the incident to the property owner or manager before you leave. Photograph the hazard and your injuries and collect contact information from any witnesses. See a doctor the same day, even if you feel okay. Do not give a recorded statement to any insurance representative before consulting an attorney.
Frequently Asked Questions
What is the difference between a premises liability case and a slip and fall case in Texas?
A slip and fall is one type of premises liability claim in Texas. Premises liability is the broader legal category. It includes falls but also covers negligent security cases, pool accidents, elevator injuries, falling objects, and other hazardous conditions on someone else's property. Any injury caused by a dangerous condition a property owner should have addressed may qualify as a premises liability claim.
Can I sue my apartment complex if I was hurt in a common area in Austin?
Yes, Austin apartment complexes can be sued when tenants are hurt in common areas by hazards management knew about and failed to address. Landlords in Texas owe duties of care to tenants and guests in shared spaces. Common sources of these claims include broken or unlit stairwells, malfunctioning exterior lighting in parking areas, and slippery surfaces in laundry facilities.
What if my injury happened on a public sidewalk or government property in Austin?
Claims involving injuries on city-owned sidewalks or government property in Austin follow different rules than private property claims. According to the City of Austin's right-of-way maintenance guidelines, both the city and adjacent property owners share responsibility for sidewalk upkeep. Some claims against government entities require formal written notice within six months of the incident. That is a shorter window than the standard two-year filing deadline for private property claims.
Does it matter what my relationship to the property was when I was hurt?
Your legal status on the property at the time of the injury affects which standard of care applies. Customers and invited guests, legally called invitees, receive the highest level of protection. Social guests, called licensees, receive somewhat less. In most Austin commercial premises liability cases, injured visitors qualify as invitees and are entitled to the highest duty of care under Texas law.
Get a Clear Answer on Whether You Have a Case
Property owners and their insurers start protecting their position the moment an injury is reported. The question is whether you have someone building your record with equal urgency.
We review premises liability cases at no charge and handle every case on contingency. If we do not recover for you, you owe us nothing.
At Ramos James Law, our values of integrity, compassion, and advocacy guide every case we take. You are more than a client. You are a priority. Laura Ramos James has been there herself, and that drives everything.
Call (512) 537-3369 or contact us online. Free consultation. Available 24/7. We speak Spanish. No fees unless we win.
Disclaimer: Past case results, including the verdict referenced on this page, reflect specific facts and circumstances and do not guarantee a similar outcome in any other case. This page is for general informational purposes only and does not constitute legal advice. Contact Ramos James Law directly to discuss the specifics of your situation.
Investigate
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We negotiate with insurance companies who try to pay you less than you deserve. And if they won’t play fair, we take them to court.
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