facebook pixel
100% FREE CONSULTATION
Open 24/7 - 365
$14,000,000 CONTRUCTION ACCIDENT (in 289 Days) / George Goldberg
$8,700,000 TRUCKING ACCIDENT (in 270 Days) / George Goldberg
$4,500,000 CAR ACCIDENT (in 215 Days) / George Goldberg & James Loren
$2,500,000 Pedestrian Accident (in 193 Days) / James Loren
$14,000,000 CONTRUCTION ACCIDENT (in 289 Days) / George Goldberg
$8,700,000 TRUCKING ACCIDENT (in 270 Days) / George Goldberg
$4,500,000 CAR ACCIDENT (in 215 Days) / George Goldberg & James Loren
$2,500,000 Pedestrian Accident (in 193 Days) / James Loren
100% FREE CONSULTATION
Open 24/7 - 365

FREE CONSULTATION · NO FEE UNLESS WE WIN · OPEN 24/7

Austin Premises Liability Lawyer

Fighting for Austin premises liability victims

Austin Premises Liability Attorney

Austin adds towers, complexes, bars, and rentals faster than almost any city in America, and every one owes something to the people who walk through it. When an owner collects rent or revenue while skipping the maintenance, lighting, or security that keeps guests safe, an Austin premises liability lawyer turns that broken promise into a claim with teeth.

Premises cases live and die on speed. Spills get mopped, camera footage loops, and broken stairs get repaired the morning after your fall. While you sit in the emergency room, the manager writes an internal report you will never be handed voluntarily, and the insurer assigns an adjuster whose job is paying you less than the claim is worth.

A preservation letter sent in the first days halts the overwrite cycle; a letter sent after saves nothing. Call Goldberg & Loren at (512) 254-4424 for a free case review, 24/7, before the property fixes its way out of accountability.

Matthew Kotzen

Legally reviewed by Matthew Kotzen

Personal Injury Attorney · Member, State Bar of Texas · Reviewed August 8, 2026

A former insurance-defense trial attorney, Matthew Kotzen spent the early part of his career representing insurance companies before switching sides to fight for injured people. He earned his J.D. from the Walter F. George School of Law at Mercer University and has represented thousands of injury victims. He is a Lifetime Member of Best Attorneys of America, was named to the Top 100 Civil Plaintiff Attorneys by The National Trial Lawyers, and is admitted to the State Bar of Texas.

“I spent years building cases for insurance companies. Now I use that same playbook to make sure they pay what they actually owe.”
Read Matthew Kotzen’s full profile →

Goldberg & Loren Fights for Maximum Compensation

Martindale-Hubbell Distinguished Rating 2025
Martindale-Hubbell Client Champion Gold 2025

Pay Nothing, Unless We Win

Texas Injury Law at a Glance

Deadline to file a lawsuitTwo years from the date of the injury. Tex. Civ. Prac. & Rem. Code § 16.003
Fault ruleModified comparative responsibility ("51% bar"): you recover only if you are 50% or less at fault, and your award is reduced by your share. §§ 33.001, 33.012
What the property owner owed youDepends on your visitor status (invitee, licensee, or trespasser); on government property the duty is usually the one owed a licensee. Tex. Civ. Prac. & Rem. Code § 101.022
Bar / alcohol-provider liabilityA provider can share liability for serving someone who was obviously intoxicated. Tex. Alco. Bev. Code § 2.02
20,000+
CASES HANDLED
$550M+
RECOVERED FOR CLIENTS
Since 1994
SERVING INJURED PEOPLE
$0
FEE UNLESS WE WIN

Why Austin Premises Liability Lawyers Stay Busy in a City That Never Stops Building

Growth is Austin’s brand, and growth has a maintenance problem. New buildings run on skeleton staff, older properties defer repairs while owners wait to sell, and bars pack twice the crowd their layout was designed for. In every version, the corner being cut has a person standing on it, and  our law firm has built its premises practice on a simple conviction: property profits and property responsibilities arrive together.

When we sue, discovery pulls the work orders, staffing records, and vendor contracts that show which safety step disappeared, and when a railing repair gets pushed into next budget year and someone gets hurt in the gap, that paperwork converts a claimed accident into a documented decision.

Apartment Complex Injuries an Austin Premises Liability Attorney Sees Weekly

Austin is a renter’s city, and apartment complexes generate a steady stream of preventable injuries: a stairwell light out for a month, a gate latch that never caught, a balcony rail that wobbled since move-in.

Tenants report these things, portals log the reports, and then a person gets hurt by the exact hazard sitting in the maintenance queue, so the complex’s own systems prove what it knew and when.

Tenants often hesitate because they still live on the property, but an injury claim runs against the complex’s liability insurance, handled through the insurer rather than the leasing office, so your lease and your claim stay separate.

Broken Gates, Dark Stairwells, and Balcony Failures

Falls on unlit stairs and injuries from failing structures head the list, with pool areas and parking structures close behind. Photograph the hazard immediately, because complexes repair fast once someone is hurt, then preserve your lease, your unit number, and the dates of every complaint.

A typical case: a tenant reports the outage through the portal, the ticket sits, and weeks later she falls down the dark flight and fractures her wrist. The complex replaces the bulb the next morning, and her portal ticket, ER records, and the repair timestamp reach the carrier as one timeline.

A ticket dated six weeks before your fall is the whole liability argument in one screenshot, and we subpoena the full ticket history. Owners can argue with a witness, but not with their own portal.

Pools Without Fences and the Children They Endanger

Pool codes exist because water and unsupervised children find each other. Broken self-latching gates, missing fence sections, and propped-open doors turn an amenity into the most dangerous feature on the property.

Drowning and near-drowning cases are among the most rule-driven claims we handle, because the safety requirements are written down and the violations are measurable, so we test the gate hardware, photograph the latch, and pull the complex’s pool inspection records to establish how long the failure went unaddressed.

How an Austin Negligent Security Lawyer Holds Bars and Venues Accountable

Sixth Street, Red River, and Rainey Street pour thousands of people through doors every weekend, and the venues collecting cover charges know what late nights bring. When an assault happens in a parking lot with dead lights, at a door with no staff, or inside a bar that ignored a brewing fight, the attacker is not the only responsible party.

Texas law lets injury victims hold owners accountable for crimes that adequate security would have prevented. The legal word is foreseeability, often sitting in the property’s own call history, and the owner is not automatically liable; the crime must have been foreseeable.

Assaults the Property Should Have Seen Coming

Negligent security claims ask what the property knew about crime risk and what it spent addressing it. Lighting, cameras, trained staff, and controlled entries are the baseline in a nightlife district, not luxuries.

A qualified security expert evaluates the lighting, the camera blind spots, and the staffing level for the crowd the venue invited, so jurors never have to guess what adequate security looks like.

Police call logs and incident reports for an address read like a diary of what the owner already knew, and a bar that documented fights night after night while thinning its door staff has already written our foreseeability argument.

Dram Shop Claims When a Bar Overserved the Person Who Hurt You

When the person who injured you was drunk, the bar that kept serving them may share liability under the Texas Dram Shop Act (§ 2.02). The claim targets service to someone obviously intoxicated who then hurt somebody, whether by fists or by car, and it adds a defendant with real insurance to claims that would otherwise chase an individual with none.

Bar point-of-sale software timestamps each drink on a tab, so the record shows the pace of service; match that against witness accounts of slurring or stumbling, and the statutory standard starts to look reachable. We demand those records early, in writing.

Slip and Fall Claims an Austin Premises Liability Lawyer Proves in Stores

A broken hip or torn rotator cuff from a wet aisle is months of surgery and rehab, and the store’s insurer will open with the same word every time: unaware. Texas store cases turn on notice, meaning what the store knew or should have known before you hit the floor.

So a store claim starts before you leave the building: report the fall to a manager and request the incident report number, photograph the substance, the aisle, and your shoes before anything gets mopped, and our office sends a written demand to preserve the aisle’s camera video and the shift’s sweep logs.

Expect the defense to argue the fall was partly your fault, because every percentage of blame they pin on you discounts what the store pays. Our answers come from the scene: playback often shows other shoppers stepping through the same spot with no cone in sight, and store policy manuals set the cleanup procedures the chain wrote for itself, so an employee who skipped them makes a weak witness for the claim that you were careless.

The Notice Rule That Decides Grocery Store Cases

Actual notice means an employee saw the spill or created it. Constructive notice means the hazard sat there long enough that reasonable staff should have found it, and an employee simply being nearby is not enough (Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002)).

A dried spill with cart tracks through it testifies to time. Stores keep inspection logs to wave in court, but they backfire once we compare them against camera timestamps: footage showing the aisle unswept for two hours beats a signature claiming otherwise. We send preservation letters within days, and the case often lives or dies on whether that letter arrived in time.

When an Airbnb Stay Ends With an Austin Premises Liability Claim

Short-term rentals turned thousands of Austin homes into unlicensed hotels, and guests inherit hazards no inspector ever checked: a deck built without permits, a staircase with no handrail, a pool with no barrier. When a paying guest gets hurt, the question of who answers is layered.

The host may live in another state, the property manager’s number rings to voicemail, and the platform’s claim portal invites the guest to describe the incident to the same company that decides whether to pay.

Host Liability, Platform Coverage, and the Gaps Between Them

Hosts owe guests the duties any property owner owes an invited paying visitor, and hosts who never inspected what they rent breach those duties constantly. Homeowner policies often exclude commercial rental activity, while platform liability programs carry their own limits, so we pursue every layer, host, platform, and property manager.

Screenshot everything the day you are hurt, because listings get edited fast and the photo showing a deck without a handrail tends to vanish first; a host message admitting the stairs are a little tricky reads very differently after a fall.

Invitee or Guest and Why It Changes an Austin Premises Case

Texas sorts injured visitors into legal categories, and the category controls what the owner owed you.

  • Invitees, meaning customers and paying guests, get the strongest protection, including a duty to inspect for hidden dangers
  • Licensees, meaning social guests, are owed warnings about dangers the owner actually knows about
  • Trespassers are owed only freedom from willful, wanton, or grossly negligent harm, with a major exception for children

On government property the duty is usually the lower one owed a licensee (§ 101.022). Where you fit is frequently arguable, and arguing it well is worth real money.

The Duty Owed to Customers Versus Social Guests

Stores must actively look for hazards, which is why sweep logs exist; a homeowner hosting friends must warn about the loose step they know about, but nobody expects them to run inspections. The gap is where defense lawyers play, recasting customers as mere guests. Take a delivery driver hurt on a broken porch step: the defense calls him a licensee owed only a warning, but we argue he entered for a purpose tied to the occupant’s benefit, which the invitee category covers, and invitee status pulls the duty to inspect into the case.

Child Trespassers and the Attractive Nuisance Exception

Children who wander toward pools, construction sites, and abandoned equipment do not read property lines. When a property contains something dangerous that predictably draws children, owners must take reasonable steps to secure it, trespass or not, and the fencing receipts the owner never spent become the central exhibit.

Injuries on City Property and the Special Rules That Apply in Austin

Sidewalks, parks, pools, and city buildings injure people too, and claims against a city run through the Tort Claims Act rather than ordinary negligence law. Government premise-defect claims generally hold the city to the duty owed a licensee (§ 101.022), a lower bar that makes proving actual knowledge central.

Written notice must reach the right entity within six months (§ 101.101), and local rules can shorten that window, so we document the defect fast and file notice that satisfies every statutory element.

Capture a raised slab edge from several angles with an object beside it for scale, because after the repair crew’s grinder passes, your photos are the only record of what the city left in the ground.

Get a Free Consultation From a Austin Premises Liability Lawyer

Hold the Property Owner Accountable With an Austin Premises Liability Lawyer

You trusted a property with your safety, and it treated safety as an expense to defer. That bargain deserves a response, and it works best while the evidence still exists. Apartments, stores, venues, rentals, and public property each fight differently, and our firm carries decades of experience across all of them. We move immediately on cameras and records, identify every layer of coverage, and price claims on the full cost of your injury.

Every consultation is free, and you pay nothing unless we win. Bring whatever you have, even if it is only phone photos and a shaky memory of where it happened. Start the conversation through our contact page or call (512) 254-4424, any hour, seven days a week.

Austin Premises Liability Lawyer Questions People Ask Us

Property injury cases raise questions that don’t come up in car crash claims. Here are direct answers, and if yours is not covered, that is what the free consultation is for.

Do I Have a Case If I Was Partly at Fault for My Fall?

Possibly, yes. Texas follows modified comparative responsibility, so you can still recover as long as your share of fault is 50% or less, and your award is reduced by your percentage. The property owner’s argument that you were careless does not automatically defeat your claim.

What Does the Property Owner Have to Prove Against Me?

Nothing, but you have to prove the property had notice of the hazard, meaning an employee either created it, saw it, or it existed long enough that reasonable staff should have found it. Cart tracks through a dried spill, a maintenance ticket sitting for weeks, and camera footage showing an unswept aisle are the kind of evidence that establishes notice.

What If I Was Hurt as a Social Guest, Not a Paying Customer?

Your legal category still matters. Invitees, meaning customers and paying guests, get the strongest protection, including a duty to inspect for hidden dangers. Licensees, meaning social guests, are owed warnings about dangers the owner actually knows about but not an active inspection duty, so which category you fall into can change the outcome of your claim.

Can I Sue an Apartment Complex Even Though I Still Live There?

Yes. An injury claim runs against the complex’s liability insurance and is handled through the insurer rather than the leasing office, so your lease and your injury claim stay separate. Tenants who hesitate because they still live on the property are often leaving a valid claim on the table.

How Long Do I Have to File a Premises Liability Claim in Texas?

Two years from the date of the injury under Section 16.003 of the Civil Practice and Remedies Code. Claims against a government property owner, such as the City of Austin, require written notice within six months, a much shorter window that can bar an otherwise strong claim if missed.

Legal Sources & References

The Texas laws described on this page are cited to the official statutes published by the Texas Legislature and were last reviewed on August 8, 2026.

Goldberg & Loren

211 Ranch Rd 620 S, Suite #230
Lakeway, TX 78734
(512) 254-4424

Attorney Matthew Kotzen

People assume a fall is just bad luck, but the law asks a harder question: should the owner have prevented it? After decades of Austin premises cases, that's the question I build my clients' cases around.

Our Office Location

Serving the Lone Star State