How Long Do You Have to File a Premises Liability Claim in Texas?
Two years to file suit. But the evidence that decides a premises case is gone in days, and where the property is public the formal notice deadline arrives in months.
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Two years from the injury
Section 16.003 of the Texas Civil Practice and Remedies Code gives two years from the date of injury to file suit, and wrongful death runs two years from the date of death.
Filing means commencing a lawsuit in court. Reporting the fall to the business, opening a claim with its insurer, or negotiating with an adjuster does none of it.
Governmental premises run on months
Where the property is owned or controlled by a governmental unit, a public school, a city building, a county facility, a public hospital, a municipal parking area, the Texas Tort Claims Act applies.
Formal written notice is required within six months, and many cities impose shorter periods by charter, some as short as ninety days. Missing notice bars the claim regardless of merit, and this is the deadline that ends more premises claims against public bodies than any other.
The footage deadline, which is the real one
Camera footage is the single most decisive evidence in a premises case and is retained on a short automatic cycle, frequently measured in days.
A written preservation demand in the first week is what converts routine deletion into something a court can address. A claimant who waits eighteen months has preserved the limitations period and lost the case.
Records the occupier holds
Inspection and sweep logs, incident reports and prior incident reports for the same location are retained under the occupier's own schedules, which vary and are not generous.
The preservation demand should identify these specifically alongside the footage, because a general request to retain everything is easier to treat as having been misunderstood.
Where the period is extended
A claimant who was a minor generally has until two years after turning eighteen. Legal incapacity can toll the period.
Neither extends the Tort Claims Act notice deadline, so where a child was injured on public premises, notice is still due within months while the lawsuit deadline is years away. That combination catches families out.
Why waiting costs more here than elsewhere
In a vehicle claim, the physical evidence of the collision persists on the vehicles for weeks. In a premises claim there is no physical evidence at all after the spill is mopped.
Everything therefore depends on records held by the party you are claiming against, and on footage with a short retention cycle. Delay does not weaken these claims gradually; it ends them.
Summary
| Item | Period | Consequence |
|---|---|---|
| Filing suit | 2 years from injury | Claim barred |
| Wrongful death | 2 years from death | Claim barred |
| Governmental premises notice | 6 months or less | Claim barred |
| Camera footage | Days | Notice usually unprovable |
| Inspection and sweep logs | Occupier's own schedule | Notice usually unprovable |
| Claimant was a minor | Generally 2 years from age 18 | Notice deadline not extended |
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Frequently asked questions
Two years from the date of injury to file suit. Reporting the fall to the business or negotiating with its insurer does not preserve that deadline.
Yes, and much shorter. The Texas Tort Claims Act requires formal written notice within six months, and many cities impose shorter periods by charter. Missing notice bars the claim regardless of merit.
Because camera footage is retained on a short automatic cycle and is the most decisive evidence in a premises case. A written preservation demand in the first week is what stops routine deletion.
Generally until two years after turning eighteen for the lawsuit. But the Tort Claims Act notice deadline is not extended, so where a child was injured on public premises notice is still due within months.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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