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Premises Liability in Texas
What Is an Action for Premises Liability?
Background
“Premises liability law establishes the duties owed by an owner or occupier of land to persons who come onto the property to protect them from injury on account of dangerous conditions or activities on the property.” (See Marathon v. Pitzner (2001) 55 S.W.3d 114, 129.)
“Under a premises liability theory, the occupier of land has a duty to use reasonable care to keep the premises under its control in a safe condition, and may be subject to liability for negligence in situations arising from a premises defect as well as those arising from an activity or instrumentality.” (See Moss v. Waste Mgmt. of Texas, Inc. (2009) 305 S.W.3d 76, 81.)
General Information for Complaints and Motions
“A claim against a property owner for injury caused by a condition of real property generally sounds in premises liability.” (See Occidental Chem. Corp. v. Jenkins (2016) 478 S.W.3d 640, 642.)
“That liability typically ends with the property's sale.” (See id.)
“When the property's dangerous condition is caused or created by another, an independent claim against the other may lie in negligence and that claim, unlike the premises-liability claim against the owner, does not necessarily end with the property's sale.” (See id.)
Prima Facie Case
“The elements of a premises liability action are:
- actual or constructive knowledge of a condition on the premises by the owner or occupier;
- that the condition posed an unreasonable risk of harm;
- failure by the owner or occupier to use reasonable care to reduce or eliminate the risk; and
- that the failure by the owner or occupier to use such care proximately caused the plaintiff's injuries.”
(See Marathon v. Pitzner (2001) 55 S.W.3d 114, 129.)
Standard of Review and Burdens of Proof
“We review a summary judgment de novo.” (See Harkins v. Wal-Mart Stores Tex., LLC, No. 02-21-00201-CV, at *9 (Tex. App. June 23, 2022).)
“The movant for summary judgment has the burden of showing there is no genuine issue of material fact and it is entitled to judgment as a matter of law.” (See Nixon v. Mr. Property Management Co. (1985) 690 S.W.2d 546, 548; Powell v. Foxall (2001) 65 S.W.3d 756, 758.)
“In deciding whether a disputed material fact issue precludes summary judgment, evidence favorable to the non-movant is taken as true.” (See id.)
“Every reasonable inference in favor of the non-movant is indulged and any doubts are resolved in its favor.” (See id.)
“The movant must either disprove at least one element of each of plaintiff's theories of recovery or conclusively establish each essential element of an affirmative defense.” (See City of Houston v. Clear Creek Basin Auth. (1979) 589 S.W.2d 671, 678; Powell v. Foxall (2001) 65 S.W.3d 756, 758.)
“If the movant conclusively proves all essential elements of his defense, the burden shifts to the non-movant.” (See Powell v. Foxall (2001) 65 S.W.3d 756, 758.)
“The non-movant must answer that affirmative defense for summary judgment purposes.” (See id.)
The Court’s Decisions
It is well settled that “when the injury is the result of the property's condition, premises liability principles apply. Because negligence and premises liability claims are based on independent theories of recovery, they are not interchangeable.” (See Torres v. Pasadena Ref. Sys., No. 01-18-00638-CV, at *34 (Tex. App. Dec. 15, 2022).)
As such, it is also well settled that “a property owner who creates a dangerous condition on its property may be held responsible for injuries under either liability theory, and that the negligence claim, unlike the premises-liability claim, remains viable even after the property owner sells the property and relinquishes control over it.” (See Occidental Chem. Corp. v. Jenkins (2016) 478 S.W.3d 640, 642.)
Documents for Premises Liability in Texas
19 pages
Plaintiff Kelly Crozier, as next friend of her minor daughter, P.L., files this Response in Opposition to Defendant The Church of the Nazarene, Inc.s (COTN) PreTrial Motion to COTN asks the Court to enter a takenothing judgment, with prejudice, on every claim a child has pleaded against iton the eve of a jury trial, through a pretrial conference rule, and on the strength of its own corporate representatives characterization of disputed facts. Rules 166 and 248 permit pretrial rulings on quest
County
Harris County, TX
Filed Date
Sep 29, 2026
Court Category
PERSONAL INJ (NON-AUTO)
38 pages
Case No. 2024-52159 MANLEY, RICHARD IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, TEXAS CENTERPOINT ENERGY, INC.; HOTWIRE, LTD. Defendants 269th JUDICIAL DISTRICT DEFENDANT HOTWIRE COMMUNICATIONS, LTD,’S COMBINED MOTION FOR TRADITIONAL AND
County
Harris County, TX
Filed Date
Sep 25, 2026
Court Category
PERSONAL INJ (NON-AUTO)
33 pages
CAUSE NO. 2025 -72481 KELLY CROZIER, as Next Friend of IN THE DISTRICT COURT P.L., a Minor VS. HARRIS COUNTY, TEXAS FREDRICK EVERETT WRIGHT, SOUTH TEXAS DISTRICT CHURCH OF THE NAZARENE, and CHURCH OF THE NAZARENE GENERAL BOARD 270TH JUDICIAL DISTRICT DEFENDANT E CHURCH OF THE NAZARENE,
County
Harris County, TX
Filed Date
Sep 25, 2026
Court Category
PERSONAL INJ (NON-AUTO)
14 pages
FILED 9/25/2026 7:05 AM 2 CIT ESERVE FELICIA PITRE DISTRICT CLERK JURY DEMAND
22 pages
FILED 9/25/2026 10:50 AM FELICIA PITRE 2CIT-ESERVE DISTRICT CLERK
9 pages
9/25/2026 10:19 AM Marilyn Burgess - District Clerk Harris County Envelope No. 120386486 2026-71227 / Court: 189 By: Yasmin Creag Filed: 9/25/2026 10:19 AM CAUSE NO. MARIA AREVALO IN THE DISTRICT COURT OF Plaintiff, v. HARRIS COUNTY, TEXAS KEURIG DR PEPPER INC. AND THE AMERICAN BOTTLING COMPANY Defendants. MO OOOO) HH JUDICIAL DISTRICT PLAINTIFFS O
14 pages
9/24/2026 10:45 AM Marilyn Burgess - District Clerk Harris County Envelope No. 120332859 2026-70780 / Court: 515 By: Patricia Jones Filed: 9/24/2026 10:45 AM CAUSE NO. JOSE PUENTES CENTENO $ IN THE DISTRICT COURT OF Plaintiff, g $ VS. $ HARRIS COUNTY, TEXAS $ CITY OF HOUSTON, SOUTHWEST g AIRLINES AND SOUTHWEST
County
Harris County, TX
Filed Date
Sep 24, 2026
Court Category
Premises
Judge
SHAWN N. THIERRY
18 pages
FILED 9/17/2026 1:29 PM FELICIA PITRE DISTRICT CLERK
14 pages
FILED 9/16/2026 7:27 PM 2 CIT ESERVE/JURY DEMAND FELICIA PITRE DC-26-20234 DISTRICT CLER
17 pages
FILED 9/16/2026 3:14 PM FELICIA PITRE DISTRICT CLERK
Case Name
LAKEISTA EATON vs. JOSEPH MOLLEY, et al
Case #
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Case Filed
Sep 16, 2026
Case Status
OPEN
19 pages
FILED 9/10/2026 2:10 PM FELICIA PITRE DISTRICT CLERK
28 pages
FILED 8/28/2026 9:40 AM FELICIA PITRE DISTRICT CLERK
Case Name
REBECCA MARTINEZ vs. JOSE SANCHEZ, et al
Case #
(Subscribe to View)
Case Filed
Aug 28, 2026
Case Status
OPEN
15 pages
FILED 8/28/2026 12:52 PM JOHN F. WARREN
8 pages
Filed: 8/26/2026 2:23 PM JOHN D. KINARD - District Clerk 26-CV-1788 Galveston County, Texas Envelope No. 119135346
22 pages
Filed: 8/21/2026 10:34 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 118924793
52 pages
FILED 8/14/2026 1:33 PM
13 pages
FILED 8/13/2026 11:20AM JOHN F. WARREN COUNTY CLERK
12 pages
FILED 8/10/2026 5:08 PM JOHN F. WARREN COUNTY CLERK
8 pages
Filed: 8/7/2026 12:15 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 118336504
15 pages
FILED 8/7/2026 12:14 PM 2 CIT / CERT. MAIL FELICIA PITRE DISTRICT CLERK JURY DEMAN
8 pages
FILED 8/4/2026 1:16 PM JOHN F. WARREN COUNTY CLERK
37 pages
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LINDA FIGLER, Plaintiff, CIVIL ACTION NO. 4:26-CV-06273 vs. HOME DEPOT U.S.A., INC. Defendant. DEFENDANTS NOTICE OF REMOVAL Defendant HOME DEPOT U.S.A., INC. (Defendant), by and through its undersigned counsel, hereby files this Notice of Removal of the above entitled action from the Judicial District Court of Harris County, Texas to the United States District Court for the Southern District of Texas, H
County
Harris County, TX
Filed Date
Aug 04, 2026
Court Category
PERSONAL INJ (NON-AUTO)
50 pages
LEASE AGREEMENT BY AND BETWEEN BAGBY 3015, LLC AS LANDLORD AND BAGBY HOUSE LLC AS TENANT EXHIBIT {Lease (Draft-1).doc TABLE OF CONTENTS ARTICLE I. PREMISES .....:ssessssessoccssessseesoveseoses Section 1,1. Demised Premises. ARTICLE 2. TERM Section 2.1. Term, Section 2.2. Commencement of Term. . Section 2.3. Rent Commencement Dat Section 2.4, Initial Term. ..... Section 2.5, Acknowledgments. Section 2.6. Option to Renew Section 2.7, Definition of Term ARTICLE 3. RENT..... Section 3.1. Rent...
County
Harris County, TX
Filed Date
Aug 03, 2026
Court Category
LEASE
23 pages
CAUSE NO. 202 S&S, LLC D/B/A CONCRETE IN THE DISTRICT COURT OF COWBOY AND DANIEL JOSEPH WIERCK, KACY CLEMENS, AND CONNER CAPEL Plaintiff HARRIS COUNTY, TEXAS GOLDEN BEAR INSURANCE COMPANY AND PARSONS Defendants JUDICIAL DISTRICT FIRST
County
Harris County, TX
Filed Date
Jul 31, 2026
Court Category
OTHER CIVIL
24 pages
CAUSE NO. 2026-42745 JAIME VASQUEZ Individually and as IN THE DISTRICT COURT OF Next Friend of I.V., a Minor, and JAIME VASQUEZ, JR., Plaintiff , HARRIS COUNT , TEXAS OCCIDENTAL PETROLEUM CORPORATION,OXY USA INC., and OCCIDENTAL PERMIAN, LTD., Defendan JUDICIAL DISTRICT
County
Harris County, TX
Filed Date
Jul 31, 2026
Court Category
PERSONAL INJ (NON-AUTO)
