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If you were hurt on someone else's property in Irving, you may have a claim against the owner. An Irving premises liability lawyer at The Texas Chongo Personal Injury Lawyers can review the condition that injured you, identify who controlled the property, and explain what Texas law required of that party. Our team handles injuries at apartment complexes, stores, parking lots, pools, and rental homes across Irving. Property owners and their insurers often argue that a hazard was obvious or that nobody knew about it. We build the record that answers those defenses. Call (972) 529-3476 for a free case evaluation.
Our office sits at 220 O'Connor Ridge Boulevard in Irving, so we handle these claims in the city where they happen.
Premises cases turn on proof of what an owner knew and when. That is trial work:
We handle premises liability claims on a contingency fee basis. Ask us how those terms would apply to your case.
Texas does not hold a property owner responsible for every injury on the property. Responsibility depends on the relationship between the parties and on what the owner did about a hazard.
Rental property carries its own rules, written into the Property Code.
Under Texas Property Code Section 92.052, a landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant. However, this statutory duty is contingent upon specific requirements:
Landlords are not statutorily required to repair damage caused by a tenant, family member, or guest (outside of normal wear and tear), nor does Chapter 92 explicitly require landlords to furnish security guards.
Section 92.056 sets out what has to happen before a landlord becomes liable for failing to repair:
The statute presumes that seven days is a reasonable time to repair. That presumption can be rebutted by the date the landlord received notice, the severity and nature of the condition, and the reasonable availability of materials, labor, and utilities.
When an injury occurs while using land for recreational purposes (such as parks, hunting leases, or private fields), Section 75.002 of the Texas Civil Practice and Remedies Code significantly limits the property owner's exposure.
Under the Recreational Use Statute, an owner who permits others onto the property for recreation owes no greater degree of care than that owed to a trespasser. However, this limitation does not apply if the property owner acted with gross negligence, malicious intent, or bad faith. Our attorneys review the exact nature of your property use before allowing an insurer to invoke this defense.
Our team represents people hurt by dangerous conditions on residential, commercial, and rental property, including:
If your injury does not fit these categories, call us anyway. The question is whether someone controlled the property and failed to address a condition they should have known about.
A property owner is not an insurer of your safety against crime. Texas courts do recognize a duty, however, when danger unfolds in front of the owner.
In Del Lago Partners, Inc. v. Smith, the Texas Supreme Court upheld liability against a resort whose bar hosted roughly 90 minutes of recurrent hostilities before a guest was assaulted.
The court described an owner with actual and direct knowledge that a violent brawl was imminent between drunk, belligerent patrons, along with ample time and means to defuse the situation. On those facts, a duty arose to use reasonable care to protect invitees from imminent assaultive conduct.
That holding is narrow, and it does not require an owner to prevent every crime. Our attorneys look for what staff saw, what guests reported, and what security did before an assault.
Texas sets enclosure standards for pools at rental complexes. Health and Safety Code Chapter 757 applies to a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association. It also covers doors and windows of rental dwellings that open into the pool yard.
These rules require:
Violations of Chapter 757 provide compelling evidence of a property owner's negligence when a child or guest is injured in a pool area.
Children are treated differently from adults when they encounter an artificial condition on land. In Texas Utilities Electric Co. v. Timmons, the Texas Supreme Court applied elements drawn from Section 339 of the Restatement of Torts:
Every element has to be supported by evidence, and property owners contest the third most often.
Irving inspects multifamily housing, and that record can support a claim. Under the city's inspection ordinance, the code enforcement director may assess each multi-family dwelling community for a risk rating once per calendar year, with follow-up or compliance assessments as needed.
Inspectors may enter, examine, and survey multi-family communities and their common areas, and the ordinance references the multi-family dwelling community license application filed with the city.
The city's multifamily program covers apartments, fourplexes, manufactured homes, and hotels and motels, and it inspects Level 3 properties at least twice per year.
Those files can show that a complex was already on notice about a condition. We request them early, because work orders get closed and repairs get made once a claim is filed.
Under CPRC § 16.003, Texas sets a strict two-year statute of limitations for personal injury claims, starting from the date of the incident. Failing to file suit within two years permanently bars your claim.
Under Texas's modified comparative responsibility rule, you cannot recover compensation if you are found more than 50% responsible for the incident. If your share of fault is 50% or less, your monetary recovery is reduced proportionally by your percentage of responsibility. Property owners frequently argue that hazards were open and obvious or that you were distracted; we gather early evidence to refute these comparative fault arguments.
Responsibility usually falls on whoever controlled and maintained that area, often the complex owner or its management company. A maintenance contractor can share responsibility. Our attorneys identify each party through the lease, the management agreement, and the complex's work-order history.
For a repair-based claim under the Property Code, notice is part of the statute, and the timing of each notice matters. A claim built on a condition the landlord already knew about, or one that injured a guest rather than a tenant, can follow a different path. Bring your lease and any messages you sent to your first meeting.
Not in every case. Texas recognizes a duty when an owner has actual knowledge of an unfolding danger along with the time and means to address it. Whether that duty existed depends on what the owner saw and knew before the assault.
Possibly. Texas applies a separate set of elements to artificial conditions that injure children, and those elements account for the fact that a young child may not recognize a risk an adult would spot. The analysis looks at whether children were likely to be there and how easily the danger could have been removed.
Under CPRC § 75.002, property owners permitting free recreational access owe only the duty owed to a trespasser, meaning you must prove gross negligence or intentional misconduct to recover damages.
Two years from the date of injury applies to most personal injury lawsuits. Certain claims have shorter notice requirements depending on who owns the property, so speak with an attorney well before the deadline.
Dangerous conditions get repaired, and security video gets overwritten. Acting early protects the evidence a claim depends on.
Board-certified trial attorney David Sanchez and the team at The Texas Chongo Personal Injury Lawyers handle premises liability claims throughout Irving from our office on O'Connor Ridge Boulevard. We work on a contingency fee basis.
Call an Irving premises liability lawyer at The Texas Chongo Personal Injury Lawyers at (972) 529-3476 for a free case evaluation.
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