Close up of injured man filling in medical insurance form

Can I Sue a Hotel if I Was Hurt on Their Property?

The Law Office of Steve Brannan Aug. 4, 2023

In Texas, property owners and business owners are required to maintain reasonably safe premises for invitees and customers. The legal duty requires them to make repairs, fix damage, or provide warning signs about any dangerous conditions on the property. If you were injured in an accident on a hotel or business property, you're within your rights to seek financial compensation by filing a premise liability claim. 

At The Law Office of Steve Brannan, we're ready and poised to guide, support, and represent clients in their premise liability claims. Our highly-skilled Texas personal injury attorney can review every aspect of your unique situation, help file your claims, and attempt to pursue your rightful financial compensation. We're proud to serve clients across Odessa, Big Spring, Andrews, Midland, Pecos, and throughout communities in West Texas. 

Understanding Premises Liability in Texas

Premises liability involves a situation in which someone sustains an injury in an accident while lawfully on another person's property or business's premises because of the property's dangerous, unsafe, or hazardous condition.  

If the property or business owner fails to keep their premises safe or warn invitees and customers about potential hazards and you become injured while on the property, you may be eligible to hold the owner liable by filing a premises liability claim. 

Examples of Premises Liability Claims 

Some common injuries and accidents that may occur and result in a premises liability claim include: 

  • Slip and falls 

  • Accidents involving fire 

  • Trip and falls 

  • Dog bites and other animal attacks 

  • Water leaks or flooding 

  • Hotel accidents 

  • Garage door accidents 

  • Negligent security leading to assault or injury 

  • Oil leaks 

  • Inadequate maintenance of the property 

  • Electrocutions 

  • Oilfield accidents 

  • Swimming pool accidents 

  • Defective staircases or stair collapse 

  • Porch collapses 

  • Defective and broken stair accidents 

  • Elevator and escalator defects or accidents 

  • Toxic fumes or chemicals 

If you were hurt while in a hotel or on a business's property, you should reach out to a practiced premises liability attorney immediately. Your lawyer can enlighten you about Texas business and hotel liability laws and explore your possible options to recover damages. 

Texas Business and Hotel Liability Laws

According to Texas laws, the owner or manager of a hotel or business owes a duty of care to inspect the premises, repair damaged areas, fix dangerous conditions, and provide necessary warnings about possibly hazardous conditions on the premises to invitees and customers. 

In addition, if an invitee suffers an injury, they must show that the owner or controller of the hotel or business knew or should have known about the property's dangerous condition but failed to fix it or warn you. If you're able to establish this and other elements of liability, you may recover damages for your premises-related injuries. 

The Attractive Nuisance Doctrine 

Texas laws understand that children are often inherently curious. As a result, the attractive nuisance doctrine was established. According to the doctrine, a landowner or property owner may be held responsible for injuries and damages suffered by a trespassing child due to the property's dangerous artificial feature that would likely attract children. 

Comparative Negligence in Texas 

Texas operates using the "modified comparative negligence" principle, with a 51% bar. Under the system, you may be eligible to recover damages for your premises-related injuries if the at-fault party's (property owner) share of negligence was equal to or lower (50% or less) than yours. However, the amount of compensation that you will recover will decrease based on your fault percentage. 

Statute Of Limitations 

The statute of limitations for premises liability cases in Texas is two years from the incident. This means that you must file your premises liability claims within two years from the date the premises-related injury or accident occurred. An experienced attorney can guide you through the claims process, seek to prove liability, and help pursue your deserved compensation. 

Learn About Your Options During a Free Consultation

Getting hurt during your stay in a hotel can be a difficult and overwhelming experience. However, you're not alone. Over the years, our experienced attorney has successfully recovered millions of dollars in verdicts and settlements for clients in their premises liability cases, including slip and falls. As your legal counsel, we can fight compassionately for your rights and help you pursue fair financial compensation to cover your medical bills, lost income, and any pain and suffering you were put through. 

Contact us at The Law Office of Steve Brannan today to schedule a simple case evaluation with a trusted personal injury lawyer. Our skilled attorney can walk you through the challenging procedures involved in filing premises liability claims and recovering damages. We're proud to serve clients across Odessa, Big Spring, Andrews, Midland, Pecos, and throughout communities in West Texas.