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If you were hurt on someone else’s property in Farmers Branch, you may have a premises liability claim. Property owners in Texas have a legal duty to keep their premises reasonably safe for people who enter. When they fail to meet that duty, and someone gets hurt as a result, the law allows the injured person to seek compensation. Chandler Ross Injury Attorneys, based in Denton, Texas, helps injured people across the Farmers Branch area hold negligent property owners accountable. Our personal injury lawyers are ready to review your situation and help you understand your rights. Call us today at (940) 800-2500 for a free consultation.
Table of Contents
- What Texas Law Says About Property Owner Responsibility in Farmers Branch
- Common Types of Premises Liability Claims in Farmers Branch
- How Texas Premises Liability Law Handles Government-Owned Property
- What You Must Prove to Win a Premises Liability Case in Texas
- The Filing Deadline for Premises Liability Claims in Farmers Branch
- Why Chandler Ross Injury Attorneys Is the Right Choice for Your Farmers Branch Premises Liability Case
- FAQs About Farmers Branch Premises Liability Claims
What Texas Law Says About Property Owner Responsibility in Farmers Branch
Texas law places a duty of care on property owners, and the level of that duty depends on why you were on the property. In analyzing a premises liability claim, the first question is what duty was owed by the landowner, and the answer generally depends on which of three legal categories the visitor fits: invitee, licensee, or trespasser.
A person who enters the land with the owner’s knowledge and for the mutual benefit of both parties is an invitee. Examples include business patrons, employees, mailmen, and meter readers. Landowners owe the greatest duty to an invitee, and must warn or make safe any condition posing an unreasonable risk of which the landowner has actual or constructive knowledge.
A person who enters the land with permission for their own benefit is a licensee, with the most common example being a social guest or a salesman. Landowners must warn or make safe any condition posing an unreasonable risk of harm that is actually known to the landowner and is not similarly known by the visitor.
Under Texas Civil Practice and Remedies Code Section 75.007, a “trespasser” means a person who enters the land of another without any legal right, express or implied. An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser, except that an owner owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.
Why does your visitor status matter so much? Because it directly determines whether the property owner is legally responsible for your injuries. If you were shopping at a Farmers Branch retail store near I-35E or attending an event at a commercial venue, you were almost certainly an invitee, which means the property owner owed you the highest duty of care under Texas law.
The elements of a premises defect claim are: (1) a premises condition posed an unreasonable risk of harm, (2) the owner or occupier had actual or constructive knowledge of the condition, (3) the owner or occupier did not use reasonable care to reduce or eliminate the unreasonable risk, and (4) the owner’s or occupier’s failure to use reasonable care proximately caused the claimant’s injuries.
Common Types of Premises Liability Claims in Farmers Branch
Premises liability covers a wide range of dangerous conditions. Farmers Branch is a busy community with shopping centers, apartment complexes, warehouses, restaurants, and commercial corridors along major roads like Valley View Lane and Marsh Lane. Any of these locations can become the site of a serious injury when a property owner fails to maintain safe conditions.
Slip and fall accidents are among the most common premises liability claims. Wet floors without warning signs, cracked sidewalks, uneven pavement in parking lots, and torn carpeting can all cause serious falls. Wet floors, uneven flooring, torn carpets, and potholed pavement can lead to slips, trips, and falls, and property owners must mark these dangers and fix them promptly to protect invitees.
Negligent security is another serious category. When a property owner fails to provide adequate lighting, working locks, or security patrols in areas known for criminal activity, visitors can be assaulted or robbed. This type of claim often arises at apartment complexes, parking garages, and entertainment venues. The connection between negligent security and premises liability is direct: the property owner’s failure to act created the conditions that allowed the harm to occur.
Other common claims include injuries from falling objects, dangerous stairways, broken handrails, swimming pool accidents, dog bites on commercial or residential property, and fires caused by faulty electrical systems or missing sprinklers. Daycare facilities and nursing homes in Farmers Branch can also be subject to premises liability when unsafe conditions injure children or elderly residents in their care.
Injuries can also happen at construction sites, warehouses near the Farmers Branch industrial corridors, or even in the common areas of apartment complexes near the Dallas North Tollway. No matter where your injury occurred, the question is the same: did the property owner know about the dangerous condition and fail to fix it or warn you?
How Texas Premises Liability Law Handles Government-Owned Property
Premises liability claims against government entities in Texas follow different rules than claims against private property owners. The Texas Tort Claims Act, codified under Chapter 101 of the Civil Practice and Remedies Code, controls what claims you can bring and how.
Under Texas Civil Practice and Remedies Code Section 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. However, when the defendant is a government entity, you may face an even shorter notice deadline before that two-year window even begins. Claims against cities like Farmers Branch or Dallas County often require written notice to the governmental unit within six months of the incident under Texas Civil Practice and Remedies Code Section 101.101.
When it comes to the duty owed on government property, Texas Civil Practice and Remedies Code Section 101.022 states that if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant paid for the use of the premises. This is a lower standard than what a private business owes to an invitee.
There is an important exception. Section 101.022(b) makes clear that this limitation does not apply to the duty to warn of special defects, such as excavations or obstructions on highways, roads, or streets, or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices. So if you were hurt by a dangerous road condition near a Farmers Branch city street or a county-maintained road, a special defect claim may give you stronger legal footing.
Government claims are complex and time-sensitive. Missing a notice deadline can permanently bar your claim. If your injury happened on public property, contact Chandler Ross Injury Attorneys at (940) 800-2500 right away.
What You Must Prove to Win a Premises Liability Case in Texas
Winning a premises liability case requires more than showing you were hurt on someone else’s property. You must prove specific legal elements, and the burden is on you as the injured party to establish each one.
First, you must show that the property owner owed you a duty of care. The specific duty owed by the defendant to the plaintiff in a premises liability case depends on the classification of the plaintiff at the time the injury occurred. As explained above, your status as an invitee, licensee, or trespasser determines the level of duty the owner had toward you.
Second, you must show the owner breached that duty. For invitees, the owner must warn or make safe any dangerous conditions that the owner knows about or could have discovered with a reasonable inspection. If the owner knew about a broken step near the entrance of a Farmers Branch strip mall and did nothing, that is a breach.
Third, the breach must have directly caused your injury. This is called causation. You cannot recover simply because a dangerous condition existed; you must show that condition is what actually hurt you.
Fourth, you must have suffered real, measurable damages. These include medical bills, lost wages, pain and suffering, and other losses tied directly to your injury. Texas law does not award compensation for near-misses or close calls.
The Texas Supreme Court has clarified that an exception applies when the facts demonstrate that it was necessary that the invitee use the unreasonably dangerous premises, and the landowner should have anticipated that the invitee was unable to avoid the unreasonable risks despite awareness of them. This matters when a business forces customers to use a known hazard, like a single entrance with a broken handrail, with no alternative route available.
Texas also uses a proportionate responsibility system. If you are found to be partially at fault for your injury, your recovery is reduced by your percentage of fault. If your share of fault exceeds 50 percent, you cannot recover at all. This makes it critical to build a strong case from the start, which is exactly what Chandler Ross Injury Attorneys does for clients throughout the Farmers Branch area.
The Filing Deadline for Premises Liability Claims in Farmers Branch
Time is one of the most important factors in any premises liability case. Under Texas Civil Practice and Remedies Code Section 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. In most cases, the clock starts on the day you were injured.
When you miss Texas’s two-year deadline, the consequences are typically severe and permanent. The defendant can file a statute of limitations defense, which asks the court to dismiss your case before it even considers the merits of your claim.
Two years may feel like a long time, but premises liability cases require significant investigation. Evidence disappears quickly. Surveillance footage gets overwritten within days or weeks. Witnesses move away or forget details. The dangerous condition itself may be repaired by the property owner, eliminating physical proof. Building a strong case takes time, and waiting too long puts your claim at serious risk.
There are limited exceptions to the two-year rule. The most common extensions involve minors and individuals who lack mental capacity at the time of their accident. For example, if a child is injured, the parents typically have until the child’s 20th birthday to file suit. Even with these exceptions, acting quickly gives your attorney the best chance to gather evidence and build the strongest possible case.
If your injury happened at a Farmers Branch location, whether near the Valwood Parkway industrial area, a retail center off Luna Road, or a residential complex near the LBJ Freeway corridor, the two-year clock is already running. Do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 today.
Why Chandler Ross Injury Attorneys Is the Right Choice for Your Farmers Branch Premises Liability Case
Chandler Ross Injury Attorneys is a Denton-based personal injury law firm that represents injured people across North Texas, including Farmers Branch. Our attorneys are licensed in Texas and handle premises liability cases throughout the Dallas-Fort Worth region. We understand how local courts operate, including the Denton County courts on Carroll Boulevard and the Dallas County courts that may handle cases arising in Farmers Branch.
We take premises liability cases seriously because we know how devastating these injuries can be. A bad fall at a grocery store can result in a broken hip, a traumatic brain injury, or a spinal injury that changes your life. A negligent security failure at an apartment complex can leave you dealing with the aftermath of a violent crime. These are not minor inconveniences; they are life-altering events that deserve serious legal attention.
Our firm handles premises liability claims alongside other serious injury cases, including those involving catastrophic injuries, wrongful death, and burn injuries. We understand how different types of negligence connect and overlap, and we use that knowledge to build thorough, well-supported claims for our clients.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. Our goal is to make quality legal representation accessible to every injured person in Farmers Branch, regardless of their financial situation.
Past results in any case do not guarantee a similar outcome in another matter, as each case depends on its own unique facts and applicable law. What we can promise is that we will work diligently on your behalf, communicate with you throughout the process, and pursue every avenue available to recover the compensation you deserve. Call Chandler Ross Injury Attorneys at (940) 800-2500 or reach out online to schedule your free consultation today.
FAQs About Farmers Branch Premises Liability Claims
What is premises liability, and how is it different from a general negligence claim?
Premises liability is a specific type of personal injury claim that arises when someone is hurt because of a dangerous condition on another person’s property. A general negligence claim covers a broader range of conduct, such as a car accident caused by a distracted driver. In a premises liability case, the negligence is tied specifically to the condition or maintenance of the property itself, and Texas law applies specific rules based on your legal status as a visitor at the time of the injury.
Can I file a premises liability claim if I was partially at fault for my own injury?
Texas uses a modified comparative fault system. You can still recover compensation even if you were partially at fault, as long as your share of responsibility does not exceed 50 percent. However, your total recovery is reduced by your percentage of fault. For example, if a jury finds you were 20 percent at fault and awards $100,000 in damages, you would receive $80,000. This is why it is important to work with an attorney who can present the strongest possible case on your behalf.
How long do I have to file a premises liability lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Section 16.003(a), you generally have two years from the date of your injury to file a lawsuit. If you miss this deadline, a court will almost certainly dismiss your case, and you will lose the right to pursue compensation. There are limited exceptions for minors and people who were legally incapacitated at the time of the injury, but these are narrow and fact-specific. Contact an attorney as soon as possible after your injury to protect your rights.
What types of damages can I recover in a Farmers Branch premises liability case?
Recoverable damages in a Texas premises liability case typically include past and future medical expenses, lost wages and reduced earning capacity, physical pain and suffering, mental anguish, and in serious cases, disfigurement or physical impairment. If a loved one died as a result of a property owner’s negligence, surviving family members may be able to pursue a wrongful death claim for additional categories of loss, including loss of companionship and funeral expenses. The specific damages available depend on the facts of your case.
Does it matter if the property owner claims they did not know about the dangerous condition?
It depends on your status as a visitor. If you were an invitee, such as a customer at a Farmers Branch business, the property owner can be held responsible even if they did not have actual knowledge of the dangerous condition, as long as they should have discovered it through a reasonable inspection. If you were a licensee, the owner must have had actual knowledge of the hazard. This distinction is one of the most important issues in any premises liability case, and an experienced attorney can help you establish what the property owner knew or should have known.
Chandler Ross Injury Attorneys is responsible for the content of this page. Principal office located in Denton, Texas. Our attorneys are licensed to practice law in the State of Texas.
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