On someone else's property
Dallas premises liability lawyer.
If you were hurt because a property was not kept safe, the owner or the company that runs it may have to pay for your injuries. These cases turn on what the owner knew and when, and the proof (video, repair logs, prior complaints) is in the owner's hands, not yours. Texas gives you two years to sue, but a claim against a city or county can need written notice within months. We move quickly to hold that evidence and to tell you plainly whether you have a case.
Right now
If you were just hurt on someone's property.
- 01
Get medical care and say where it happened
Tell the ER or your doctor exactly how and where you were hurt. That note in your chart ties the injury to the property.
- 02
Photograph the danger before it is fixed
The spill, the broken step, the dark stairwell, the missing rail, the open gate. Owners often repair the problem within days, and then it is your word against theirs.
- 03
Report it to a manager and get a copy
Ask for the manager's name and an incident report number. You can describe what happened, but you do not have to sign their written statement.
- 04
Keep your shoes, clothes and receipts
Do not wash or throw away what you were wearing. A receipt, a lease or a hotel folio proves why you were there.
- 05
Call us before you talk to their insurance
The owner's insurer will want a recorded statement. If the property belongs to a city, county or school district, the notice clock may already be running. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- If it was city, county or state property
- Written notice within 6 months, sometimes less under a city charterSource: Tex. Civ. Prac. & Rem. Code 101.101
- Limits on claims against a city
- Up to $250,000 per person and $500,000 per incidentSource: Tex. Civ. Prac. & Rem. Code 101.023
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
- If the injured person is a child
- The 2 years usually start at age 18, but do not waitSource: Tex. Civ. Prac. & Rem. Code 16.001
Texas law
What a property owner owes you in Texas.
Texas does not make an owner pay for every fall or injury. The duty depends on why you were on the property, and the claim depends on proving the owner knew, or should have known, about a danger and did not fix it or warn you.
| Why you were there | Examples | What the owner owed you |
|---|---|---|
| Invitee (business visitor) | Customer at a store or restaurant, tenant in common areas, hotel guest, delivery worker | Fix or warn about dangers it knew of or would have found with a reasonable inspection |
| Licensee (social guest) | A friend's party, a relative's house | Warn about or fix dangers the owner actually knew about and you did not |
| Trespasser | Someone with no permission to be there | Not to injure on purpose or through gross negligence. Special rules can protect children |
| Government property | City sidewalks, parks, libraries, county buildings, public schools | Usually the same as a social guest, with damage limits and a short notice deadline |
Knowledge is the whole fight
For a customer or tenant, you must show the owner created the danger, knew about it, or that it was there long enough that a careful owner would have found it. Inspection logs, cleaning sweeps, work orders and prior complaints are how that gets proved.
Government property has its own rules
Under the Texas Tort Claims Act, a city or county generally owes you only what a private owner owes a social guest, unless you paid to use the property. Recovery is capped, and the written notice deadline is short.
Source: Tex. Civ. Prac. & Rem. Code 101.022Free recreation can lower the duty
When an owner lets the public use land for free for recreation, such as swimming, hiking or a park, Texas law can limit the owner's duty to that owed a trespasser. Whether it applies depends on the facts.
Source: Tex. Civ. Prac. & Rem. Code 75.002The owner may not be the only one responsible
Management companies, security contractors, cleaning crews and repair contractors can share the blame. Each one may carry its own insurance.
How we work
How we build a premises case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Send preservation letters right away
Many businesses record over camera footage in days or weeks. We put the owner, the manager and any contractor on written notice to keep video, incident reports and maintenance records.
02
Find out who owns and controls the property
County appraisal records, management contracts and leases show who was responsible for the spot where you were hurt. If a government owns it, we send the required notice on time.
03
Prove what the owner knew
We ask for inspection logs, cleaning schedules, work orders, prior complaints, 311 calls and earlier incident reports, and we talk to employees and other tenants.
04
Bring in the right outside help
When it helps the case, we work with building and safety consultants, and with medical experts, life care planners and economists to measure what the injury will cost over time.
05
Negotiate, and file suit if needed
We send a demand backed by the evidence. If the insurer will not pay what the case is worth, we file and prepare it for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”Questions people ask us about money and paperwork.
- Who pays my medical bills right now?
- Usually your health insurance, or a doctor who agrees to wait for the case to resolve. Some stores and apartment policies include a small medical payments coverage that pays regardless of fault. We help you line this up.
- I rent the apartment. Will suing get me evicted?
- Texas law limits a landlord's ability to retaliate against a tenant who exercises legal rights. Tell us about your lease and any notices you received, and we will plan around it.
- Do I need papers to make a claim?
- No. If a property owner's carelessness hurt you, you can make a claim. Talk to us privately about your situation. What you tell us stays between you and the firm.
Dallas and Odessa
Property injuries we see in Dallas and Odessa.
From our Oak Cliff office on Jefferson Boulevard we see falls and injuries at apartment complexes, grocery stores, restaurants, hotels and city sidewalks across Oak Cliff and southern Dallas. Claims against the City of Dallas, Dallas County, DART or a school district need written notice fast. Our Odessa office handles the same kinds of cases in Ector and Midland counties, including motels and work camps that house oilfield crews.
FAQ
Questions people ask.
Do I have a case if I got hurt on someone else's property?
Not every injury is a case. You need a dangerous condition the owner knew or should have known about, and an injury caused by it. We can usually tell you after one conversation whether it is worth pursuing.
How long do I have to file a premises liability claim in Texas?
Generally two years from the injury. If a city, county, state agency or school district owns the property, written notice is often due within six months, and some city charters set shorter deadlines.
The store says it was my fault for not watching where I walked. Is that the end?
No. Texas splits fault by percentage. If you are found 50% or less at fault, you can still recover, reduced by your share. Video and witness accounts often show the danger was not easy to see.
Can I sue the city for a fall on a broken sidewalk?
Sometimes. The Texas Tort Claims Act allows some claims for dangerous conditions on government property, but the rules are narrower, the damages are capped and the notice deadline is short. Call us quickly so the notice goes out on time.
What if I was hurt at a friend's or relative's house?
Homeowner's insurance often covers these injuries, so a claim does not mean taking money from your friend. As a social guest, you must show the owner actually knew about the danger.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Slip and fall
- Negligent security
- Swimming pool accidents
- Parking lot accidents
- Dog bites
- Wrongful death
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.