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Texas law

Premises Liability Laws in Texas.

Texas premises liability follows traditional invitee/licensee/trespasser categories. Landowners owe invitees a duty of reasonable care including inspection; licensees a duty to warn of known dangers; trespassers a duty to avoid willful or wanton conduct. Texas's modified comparative fault (51% bar) applies. Texas Recreational Use Statute (Tex. Civ. Prac. & Rem. Code Chapter 75) grants landowner immunity for free recreational access. Texas dog-bite liability follows the one-bite rule (Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974)) — plaintiffs must prove owner's knowledge of dangerous propensities.

Last verified: 2026-04-17

State law

Statute of Limitations

2 yearsTex. Civ. Prac. & Rem. Code § 16.003

2-year general personal injury statute applies.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Tex. Civ. Prac. & Rem. Code § 33.001

Plaintiff's fault reduces recovery proportionally. Plaintiff with fault greater than 50% recovers nothing.

State law

Key Texas Statutes

Invitee DutyTexas common law

Landowners owe invitees a duty of reasonable care, including inspection and warning. For business invitees on premises, the duty extends to unreasonable risks that the landowner knew or should have known.

Recreational Use StatuteTex. Civ. Prac. & Rem. Code Chapter 75

Landowners who permit free recreational use of their land owe no greater duty of care than to trespassers. Limited exceptions for willful/wanton conduct.

Dog Bite (One-Bite Rule)Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974)

Texas follows the common-law one-bite rule. Plaintiffs must prove the owner knew or should have known of the dog's dangerous propensities, or prove negligence.

Duty to TrespassersTexas common law

Trespassers are owed only a duty to avoid willful or wanton injury. Attractive-nuisance doctrine applies to trespassing children.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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