What Is Premises Liability—and Do You Have a Case?
- Sebastian Nuñez Injury Law
- Jul 22
- 5 min read
Updated: Aug 18
When you’re hurt on someone else’s property—whether it’s a store, apartment complex, or public venue—you may wonder: Was it just an accident, or was it preventable? That’s where premises liability law comes in.
Premises liability covers injuries caused by unsafe or negligent property conditions. And if you’ve been hurt, you may have a legal right to compensation.
In this article, we’ll break it all down:
✅ What is premises liability?
✅ Do you have a valid case in Texas?
✅ What does the law say in El Paso?
✅ What steps should you take after a slip, fall, or injury?
Let’s help you understand your rights—and what you can do next.
What Exactly Is Premises Liability?
Premises liability refers to a property owner's legal responsibility to maintain a safe environment for guests, tenants, or even customers. If someone is injured due to unsafe conditions, the owner may be held financially responsible.
Common types of premises liability cases:
Slip and falls on wet floors, uneven pavement, or loose carpeting
Dog bites or animal attacks
Inadequate lighting leading to injury
Negligent security leading to assault or theft
Faulty stairs, handrails, or elevators
Swimming pool accidents
Falling merchandise or debris
Construction zone hazards
Exposure to toxic substances like mold or gas leaks
In each of these cases, someone else's failure to act reasonably may have caused the injury—and under Texas law, you could be eligible for medical bills, lost wages, pain and suffering, and more.
Texas Law and Premises Liability: What You Need to Know
Premises liability law varies by state. In Texas, your legal status on the property affects your rights. Were you:
🟢 An invitee (e.g., a customer at a store)?
The property owner owes you the highest duty of care and must regularly inspect for hazards.
🟡 A licensee (e.g., a social guest)?
The owner must warn you of any known dangers but isn’t obligated to actively search for them.
🔴 A trespasser?
Property owners only have to avoid intentionally harming you—though this changes if children are involved (see: attractive nuisance doctrine).
El Paso Premises Liability: Local Insight
El Paso has its share of injury risks, especially in areas with heavy foot traffic. According to El Paso public health reports, unintentional falls remain a top cause of ER visits and hospitalizations, especially among adults aged 25–65.
In West El Paso alone, shopping centers like Sunland Park Mall and grocery chains see hundreds of foot traffic injuries every year—many from wet floors, faulty mats, or poorly maintained walkways.
Even apartment tenants in Central and East El Paso have reported stairwell collapses, poor lighting, and security gate malfunctions that have led to severe injuries.
You are not alone. And you’re not being dramatic. If unsafe property conditions led to your injury, you deserve to explore your legal rights.
Do You Have a Premises Liability Case? Ask Yourself These Questions:
You may have a strong case if:
✅ The injury happened on someone else’s property
✅ The property was unsafe due to negligence or failure to fix known hazards
✅ You weren’t trespassing or acting recklessly
✅ You have documented proof (photos, medical records, witness statements)
Real-Life Example From El Paso:
"Angela was shopping at a chain grocery store on Zaragoza when she slipped on a spill in aisle 5. There were no warning signs, and she fractured her wrist trying to catch herself. After a free case evaluation with our team, we investigated store logs and found no cleanup record for over 45 minutes. Angela received compensation for her medical treatment, lost income, and ongoing physical therapy."
These injuries are more than just bad luck—they’re often preventable. That’s why we exist.
What Compensation Can You Get in a Premises Liability Claim?
Depending on your case, you may be eligible for:
Medical expenses (ER visits, surgery, rehab, medications)
Lost income or inability to work
Pain and emotional suffering
Permanent disability
Scarring or disfigurement
Home modifications or mobility equipment
Wrongful death benefits (for family members of deceased victims)
💡 Note: Texas has a modified comparative fault rule, which means if you’re found partially responsible for the accident (say, 10%), your compensation may be reduced by that percentage.
Steps to Take Immediately After a Premises Injury in El Paso
Get medical help right away – Even if it feels minor, you need documentation.
Take photos/videos – Capture the scene, hazard, and your injuries.
Report the incident – Notify the store manager, landlord, or property owner in writing.
Get witness names and numbers
Do not sign anything – Some companies may ask you to waive your rights.
Call an attorney – The sooner we can investigate, the stronger your case.
How Sebastian Nuñez Law Firm Handles Premises Liability Cases
When you work with Sebastian Nuñez, you're not just hiring a lawyer—you’re hiring a local advocate who genuinely understands El Paso’s communities, court systems, and challenges.
We’ll help you:
Investigate the property conditions
Secure video footage or maintenance records
Work with safety and engineering experts
Handle all communication with insurance companies
Negotiate for the maximum settlement
Go to trial if needed—and win
You don’t pay us unless we win. That’s our promise.
Why Choose Sebastian Nuñez Law Firm?
✅ Rooted in El Paso – We live here, serve here, and fight for our neighbors
✅ Bold representation with heart – We don’t treat you like a file—we treat you like family
✅ Fluent in English & Spanish – Representing our binational community with respect
✅ Transparent and tenacious – We’ll keep you informed at every step
We’ve built a firm that’s built for YOU.
FAQs About Premises Liability in El Paso
Q: How long do I have to file a premises liability claim in Texas?
A: You have 2 years from the date of injury to file a claim.
Q: What if the property owner says I’m partly to blame?
A: Even if you’re partially responsible, you may still recover compensation under Texas’s comparative fault rule—just not if you’re over 50% at fault.
Q: Can I sue the city if I’m injured on public property?
A: Possibly. Claims against a government entity have stricter notice deadlines—often as short as 6 months. Speak to an attorney immediately.
Related Practice Areas
[Negligent Security]
[Dog Bites]
Helpful Resources for El Paso Residents
City of El Paso Building Code Enforcement
El Paso Apartment Association – Tenant Complaints
Contact Sebastian Nunez Law Firm Today
If you’ve been hurt on unsafe property, don’t let the insurance company brush you off.
You deserve an attorney who’s bold, strategic, and deeply rooted in your city. You deserve Sebastian Nuñez.
Call us for a FREE consultation today.
This blog is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please contact Sebastian Nuñez Injury Law directly.
