Many people find themselves in situations in which they could benefit from having someone who understands the law. If you live in Charleston, Columbia, Greenville, or anywhere else in South Carolina and find yourself in such a predicament, you can turn to a lawyer from Andrew D Smith. We can act as your advocate and see to it that your perspective on a situation is clearly communicated to opposing parties or to a judge.

We strive to help our clients better understand the consequences of their actions. The areas of law in which we practice include:

Social Security law
Workers’ compensation law
Auto accident law
Family law

We’re also familiar with estate, probate, and tax law. Contact Andrew D Smith to set up a meeting with a lawyer who is based in Charleston, SC, and works with clients throughout the state. We’re ready to listen to your concerns and develop a plan to help you. We’re available Monday – Friday, 8:30am – 5:00pm, and we accept cash and checks as payment methods.

Andy Smith is a knowledgeable and skilled in handling the defense of workers’ compensation claim. He is prepared and listens to his client in order to have the best possible outcome.

Wills, Trusts, and Estate Planning.

First, having known Andrew Smith for approximately 25 years, I have known him to be trustworthy and honest. Andrew Smith can communicate very complicated and complex legal terms and situations into very understandable common language, and convey in to clients of all ages and educational levels. This is an asset that is not always present in all members of the legal profession. Andrew Smith very effectively handled the estate planning of my mother-in-law, who was at the time, age 83. My wife and I found that he was very punctual for all appointments, extremely professional, and was able to assist my mother-in-law with all of her questions. The manner in which he conducted this, enabled my mother-in-law to feel totally at ease and satisfied with the complete transaction. My mother-in-law is now, age 90. She is disable, has difficulty in communication, but still communicates nothing but the highest regard for Andrew Smith. Without a doubt, I would recommend Andrew Smith in any matters that would involve an aging relative or the preparation of a will, trust, or matters of probate.

I have worked with Mr. Smith for the past several years in workers comp. We attend workers comp file reviews both in person and over the phone. Andy’s expert watch over the files adds tremendous value. His ability to read the file and come up with solutions is at times frankly amazing. Often times as I review a file I think what would Andrew do/say and the good news is I can pick up the phone or send an email and get an immediate response.

Andy Smith has always worked in the best interest of my company in his defense of our Worker’s Comp Claims. We value his partnership!

Mr. Smith gave well considered and helpful advice. I hope we can work together in the future.

Great Business Partner

Working with Andy is always a great experience, even when in less than perfect circumstances. He is clear, concise, and works to achieve the best outcome in the scenario. I hope to continue working with Andy in the future!

Quality Service

Our company as used Andrew Smith for several years. He has handled a wide array of work comp claims from simple to complex for us. Andrew is very easy to get a hold of, personable, and prompt. He has a real understanding of the complexities in the workers comp arena. He is very professional and knows how to convey his thoughts accordingly. I would certainly recommend him for your work comp needs. Again, Andy is very easy to get a long with and will make sure you receive quality work. One of his best features is that he himself handles each claim – Seeing the claim from beginning to end, and does not pass the buck to another colleague.

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Charleston SC Law Offices Admin
Blog Posts
April 10, 2026
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Premises Liability Lawyer | Property Owner Liability Law in Texas

Premises Liability: An Overview of Property Owner Liability Law in Texas

When you are injured on someone else’s property because of a dangerous condition that the property’s owner or occupant failed to address, Texas law gives you the right to seek financial compensation for your losses. This area of law — known as premises liability — is built on a straightforward principle: people and businesses that control property have a legal obligation to keep it reasonably safe for others, and when they fail that obligation and someone is hurt, they are responsible for the consequences. If you have been injured on another person’s or company’s property, an experienced premises liability attorney can evaluate your claim, identify every responsible party, and fight for the full compensation you deserve.

Premises liability cases range from relatively straightforward slip and fall incidents to complex claims involving construction site hazards, swimming pool accidents, inadequate security, and toxic exposure. What they share is a legal framework that requires careful analysis of who controlled the property, what duty of care they owed to the injured person, whether they breached that duty, and what harm resulted. Modern Texas premises liability law includes both protections for injured visitors and some newer defenses available to property owners — which is why having a qualified attorney in your corner makes a real and measurable difference in outcomes.

How Texas Premises Liability Law Works

What “Premises” Means and Why It Matters

“Premises” is a legal term that refers to a piece or pieces of real property and any structures located on that property. Premises liability is the legal responsibility that property possessors and owners have for injuries that occur on their property. The term “possessor” is important — it refers to the person or entity that actually uses and controls the property at the time of an injury, which may or may not be the same as the legal owner.

In a typical commercial setting, the possessor and the owner may be different parties. A retail store that leases its space from a commercial landlord, for example, is the possessor of that space — and in most circumstances, the store bears primary premises liability for injuries that occur inside it, not the landlord. However, when a dangerous condition exists because of the landlord’s own negligence — a structural defect the landlord was aware of and failed to repair — the landlord may share liability alongside the tenant. Texas courts recognize that the assignment of liability between possessors and owners depends on the specific facts and the nature of the dangerous condition involved.

The Basic Liability Standard

The fundamental obligation in any premises liability case is that the person controlling the property must take reasonable steps to keep it safe for people who come onto it. When a dangerous condition exists — a slippery floor, a broken step, inadequate lighting in a parking area, a hazardous chemical substance — the possessor has a duty to either fix the condition or provide adequate warning of the hazard. Failing to do either, and allowing someone to be injured as a result, is the essence of premises liability negligence.

A business cannot avoid liability by outsourcing its safety obligations. A grocery store that hires an independent cleaning contractor to maintain safe floor conditions remains liable to a customer who slips and falls because of unclean conditions — and the cleaning company may share that liability for its own negligent conduct. The property possessor cannot contractually transfer liability for its own failure to maintain a safe environment.

The Status of the Injured Person

Texas premises liability law recognizes three categories of visitors whose status affects the duty of care owed by the property possessor.

An invitee is a person who enters the property with the possessor’s express or implied invitation for a purpose related to the possessor’s business or for a purpose for which the property is open to the public. Customers in retail stores, patients in medical offices, and patrons in restaurants are all invitees. Property possessors owe invitees the highest duty of care — they must not only warn of known hazards but also conduct reasonable inspections to discover dangerous conditions and either remedy them or warn visitors of their presence.

A licensee is a person who enters the property with the possessor’s permission but for their own purposes rather than a business purpose of the possessor. Social guests are the most common example. Possessors owe licensees a duty to warn of known dangerous conditions that the licensee would not be expected to discover on their own, but they are not obligated to inspect the property for unknown hazards.

A trespasser is a person who enters the property without any permission. Possessors generally owe trespassers only a duty not to willfully injure them, though important exceptions exist for child trespassers under the attractive nuisance doctrine when a dangerous condition on the property is likely to attract children who are unable to appreciate its risks.

Common Types of Premises Liability Claims in Texas

Slip and fall accidents on wet, slippery, or uneven surfaces are the most frequently occurring premises liability claims. But the category extends well beyond the classic grocery store slip. Inadequate security that allows a foreseeable criminal attack on a business’s premises can give rise to a premises liability claim against the property owner. Swimming pool accidents on residential and commercial property, falling objects in retail environments, construction site hazards affecting passersby, and dog bite incidents that occur on private property all fall within the premises liability framework. So do injuries caused by building code violations, improper maintenance of parking lots and walkways, and toxic or hazardous conditions allowed to persist on property accessible to the public.

What Compensation Is Available

Injured victims in Texas premises liability cases can pursue compensation for all economic and non-economic losses caused by the dangerous condition. That includes medical expenses — both current and projected future costs — lost wages and reduced earning capacity, physical pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly egregious disregard for visitor safety, punitive damages may also be available. The specific damages that apply depend on the nature and severity of the injuries and the strength of the evidence connecting the property owner’s or possessor’s negligence to the harm.

If you or a family member has been injured on someone else’s property in Texas, contact our premises liability attorneys today for a free consultation. The law gives you the right to seek compensation — and we are here to enforce that right on your behalf.

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Lawyer in Charleston, SC

Charleston SC Law Offices Admin

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