Premises Liability | Nixon Law PLLC

Aggressive Representation for Premises Liability Claims in Texas

When you step onto someone else’s property—whether it is a commercial business, an apartment complex, a retail store, a hotel, or a private residence—you have a reasonable expectation that the premises are safe and free from hidden dangers. Unfortunately, property owners and managers frequently cut corners, ignore routine maintenance, or fail to implement adequate security measures, leading to catastrophic and life-altering injuries. Premises liability is the complex area of law that holds these negligent property owners accountable when their failure to maintain a safe environment results in harm to innocent people. At Nixon Law PLLC, we understand that a severe injury on someone else’s property can completely upend your life, resulting in mounting medical bills, lost wages, and profound physical and emotional suffering. We aggressively represent injured Texans across the state, fighting relentlessly to ensure that negligent property owners and their massive insurance companies pay for the damage they have caused.

Understanding Texas Premises Liability Law

In Texas, premises liability claims are governed by stringent legal standards that depend heavily on the injured person’s legal status on the property at the exact time of the incident. Texas law generally categorizes visitors into three distinct groups: invitees, licensees, and trespassers. The duty of care owed by the property owner varies significantly for each category, making these cases highly nuanced and challenging to litigate.

For an invitee—someone who enters the property with the owner’s knowledge and for the mutual benefit of both parties, such as a customer in a retail store, a patron at a restaurant, or a tenant in an apartment complex—the property owner owes the highest duty of care under the law. The owner must not only warn of or make safe any known dangerous conditions but also conduct reasonable, routine inspections to discover hidden hazards. A licensee is someone who enters the property for their own convenience or as a social guest. For licensees, the owner must warn of or fix dangerous conditions that the owner actually knows about, but there is no affirmative duty to inspect the property for unknown dangers. Finally, for a trespasser, the owner generally only owes a duty not to cause injury willfully, wantonly, or through gross negligence.

Furthermore, premises liability cases in Texas are subject to the state’s modified comparative fault rules, which are strictly outlined in the Texas Civil Practice & Remedies Code Chapter 33 (Proportionate Responsibility). Under this statute, an injured party can recover damages only if their percentage of responsibility for the incident is 50 percent or less. If a jury finds you 51 percent or more at fault, you are completely barred from recovering any compensation whatsoever. Insurance companies and corporate defense attorneys aggressively use this statute to shift the blame onto the victim, arguing that you should have seen the hazard, that the danger was “open and obvious,” or that you were simply not paying attention. This is exactly why you need a formidable trial attorney who can dismantle these defense tactics, preserve the evidence, and firmly establish the property owner’s liability.

When it comes to recovering compensation, the Texas Civil Practice & Remedies Code Chapter 41 (Damages) governs the types of damages available to injured plaintiffs. This includes economic damages (such as past and future medical expenses, lost wages, and loss of earning capacity) and non-economic damages (such as physical pain and suffering, mental anguish, physical impairment, and disfigurement). In cases involving gross negligence or malice—where a property owner acted with a conscious indifference to the rights, safety, or welfare of others—exemplary (punitive) damages may also be pursued to punish the wrongdoer and deter future egregious conduct.

Common Premises Liability Scenarios

Dangerous conditions can arise in virtually any setting, from grocery stores and shopping malls to apartment buildings, parking lots, and construction sites. Some of the most common premises liability scenarios we handle at Nixon Law PLLC include:

Slip and Fall Accidents: These are among the most frequent and heavily contested premises liability claims. They often occur due to wet floors without proper warning signs, spilled liquids in supermarket aisles, recently waxed floors, leaking refrigeration units, or torn carpeting. A slip and fall is not a minor event; it can result in severe injuries, including traumatic brain injuries, spinal cord damage, and complex fractures that require surgery.
Trip and Fall Accidents: Uneven sidewalks, poorly lit stairwells, broken steps, exposed wiring, unmarked elevation changes, and cluttered walkways can easily cause a person to trip and suffer devastating injuries. Property owners have a strict duty to repair these hazards or provide adequate, highly visible warnings.
Inadequate Security: Property owners, particularly landlords, hotel operators, and commercial business owners, have a duty to protect patrons and tenants from foreseeable criminal acts. If you are assaulted, robbed, or otherwise injured due to a lack of security cameras, broken locks, inadequate lighting, or insufficient security personnel, the property owner may be held liable for negligent security.
Swimming Pool Accidents: Swimming pools pose a significant and deadly risk, especially to young children. Property owners must comply with strict safety regulations, including proper fencing, secure and self-latching gates, and adequate supervision or warnings. Failure to do so can lead to tragic drownings, near-drownings, or severe traumatic injuries.
Falling Objects: In retail environments, particularly big-box hardware and grocery stores, merchandise that is improperly stacked or secured on high shelves can fall and strike customers, causing severe head, neck, and spinal injuries.
Elevator and Escalator Accidents: Failure to properly maintain, inspect, and repair elevators and escalators can lead to sudden stops, drops, or entrapments, resulting in serious physical harm to the occupants.

How Nixon Law PLLC Helps Injured Clients

Premises liability cases are notoriously difficult to win in Texas. The burden of proof is high, and property owners are often backed by powerful insurance companies and teams of defense lawyers whose sole objective is to minimize or outright deny your claim. You cannot afford to face them alone. At Nixon Law PLLC, we bring a relentless, trial-focused approach to every premises liability case we take on.

From the moment you retain our firm, we launch a comprehensive and aggressive investigation into the circumstances surrounding your injury. We move quickly to preserve critical evidence before it mysteriously disappears or is destroyed—securing surveillance footage, obtaining maintenance logs, interviewing eyewitnesses, and analyzing internal incident reports. We work closely with industry-leading experts, including safety engineers, medical professionals, and accident reconstructionists, to build an impenetrable case that clearly demonstrates the property owner’s negligence and the full extent of your damages.

We do not back down from aggressive insurance adjusters or corporate defense attorneys. While we are highly skilled negotiators who strive to secure maximum compensation through settlement, we prepare every single case as if it is going to trial. If the insurance company refuses to offer a fair settlement that covers your medical bills, lost wages, and pain and suffering, Jonathon G. Nixon and our litigation team are fully prepared to take your case to a Texas jury and fight for the verdict you deserve.

Schedule a Consultation with a Texas Trial Attorney

If you or a loved one has been seriously injured due to a dangerous condition on someone else’s property, time is of the essence. Critical evidence can be lost, witnesses’ memories fade, and strict statutes of limitations apply to your claim. You need an aggressive legal advocate who will protect your rights and demand accountability from the responsible parties. Contact Nixon Law PLLC today to schedule a consultation. Let us review the facts of your case, explain your legal options, and begin the fight for the justice and compensation you are owed.