Injured at a hotel in Austin and wondering if you can do anything about it? Do two things first, get medical care and start documenting. As a paying guest you are what Texas law calls an invitee, the most protected kind of visitor, and a hotel has a real legal duty to keep its premises reasonably safe. You may have a claim if the hotel knew or should have known about a hazard, failed to fix it or warn you, and that caused your injury. To protect any claim, report the incident and get a written report, photograph the scene and your injuries, collect witness details, and move quickly, because Texas generally gives you two years to sue and hotel security footage is often erased within days. For a serious injury, talk to a personal-injury lawyer, which usually starts with a free consultation.
That is the short version. Below is the full guide to what to do in the moment, when you actually have a case, the deadline that can kill it, how partial fault works in Texas, and when to bring in a lawyer.
This guide is general information from a longtime Austin resident. It is not legal or medical advice, and it does not create an attorney-client relationship. For your specific situation, consult a licensed Texas attorney and a medical professional. Last updated July 2026.
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What to Do Right Now
- Get medical care first. Your health comes before any claim, and prompt treatment also creates a record that ties the injury to the incident. Keep every diagnosis, bill, and receipt.
- Photograph everything while it is fresh, the hazard that hurt you, the wider scene, and your injuries. A wet floor with no sign, a broken step, or poor lighting is exactly what matters.
- Report it to management and ask for a written incident report. Get a copy or at least the report number and the name of who took it.
- Collect witnesses. Names and phone numbers of anyone who saw it, since their accounts fade fast.
- Preserve the evidence. Ask the hotel in writing to keep the security footage, because it is often automatically deleted within days.
- Be careful with the insurer. If a hotel or its insurance company asks for a recorded statement or offers a quick settlement, consider getting legal advice before you agree to anything.
When You Actually Have a Case
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Not every injury is the hotel’s fault, and Texas law is specific about when it is. Because you are a paying guest, you are an invitee, owed the highest duty of care. The hotel must inspect for hazards, fix dangerous conditions it finds, and warn guests about risks it cannot fix right away. A claim generally turns on proving three things.
- A dangerous condition existed, such as a wet floor, a broken tile, a bad stair, or poor lighting.
- The hotel knew or should have known about it and failed to fix it or warn you.
- That failure caused your injury, and you suffered real harm as a result.
The burden is on you to show the hotel was at fault, which is why the evidence you gather early matters so much. A spill someone reported an hour before you fell is a much stronger case than one that happened seconds earlier with no warning possible.
The Two-Year Clock
Texas generally gives you two years from the date of injury to file a personal-injury lawsuit. Miss that deadline and, barring a rare exception, the claim is legally dead no matter how strong it was. Two years sounds like a lot, but evidence disappears long before then, so treat the real deadline as much sooner. Security footage can be erased within days, and memories fade within weeks.
Could It Be Partly Your Fault?
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Texas uses a rule called proportionate responsibility, sometimes described as the 51 percent rule. If you were partly to blame for your own injury, you can still recover as long as your share of the fault is 50 percent or less, but your compensation is reduced by your percentage of blame. If you are found to be 51 percent or more at fault, you generally recover nothing. This is why hotels and their insurers often argue that you were distracted or careless, and why documenting the hazard clearly is so important to your side of the story.
Evidence That Wins
Strong hotel-injury claims are built on records the hotel would rather not hand over, which is one reason a lawyer helps. The evidence that carries weight includes the hotel’s maintenance and cleaning logs, security or surveillance footage of the incident, internal emails or messages showing the hazard was known, witness statements, and your own photos of the dangerous condition and your injuries. The sooner these are requested and preserved, the better, since much of it is routinely destroyed on a schedule.
When to Get a Lawyer
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For a minor injury that heals quickly, a refund or a comped stay may be all you want, and you can handle that directly with the hotel. But for anything involving significant medical bills, lasting injury, or lost income, it is worth speaking to a personal-injury attorney. Most offer a free initial consultation and work on a contingency fee, meaning they are paid a percentage only if you recover, so there is little downside to asking whether you have a case. If your injury is serious, do that well before the two-year deadline. If a pest problem rather than an accident is your issue, see our separate guide on bed bugs in an Austin hotel.
Frequently Asked Questions
Can I sue a hotel in Texas if I was injured there?
Possibly. As a paying guest you are an invitee, owed a high duty of care, and you may have a claim if the hotel knew or should have known about a dangerous condition, failed to fix or warn about it, and that caused your injury. You must prove the hotel was at fault, so early evidence matters. Consult a Texas attorney for your specific case.
How long do I have to file a hotel injury claim in Texas?
Generally two years from the date of injury for a personal-injury lawsuit in Texas. Miss it and the claim is usually lost. Because evidence like security footage can be erased within days, act well before the deadline.
What should I do immediately after getting hurt at a hotel?
Get medical care, photograph the hazard and your injuries, report it to management and get a written incident report, collect witness contact details, and ask the hotel in writing to preserve the security footage. Be cautious about giving a recorded statement or accepting a quick settlement before getting advice.
What if I was partly at fault for my hotel injury?
Under Texas proportionate responsibility, you can still recover if your share of the fault is 50 percent or less, but your compensation is reduced by your percentage of blame. If you are 51 percent or more at fault, you generally cannot recover, which is why clearly documenting the hazard is important.
Sources
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- Nolo, Texas slip and fall laws and statute of limitations
- Morrow & Sheppard, premises liability and invitee duty in Texas
- Zinda Law Group, what to do if injured at a hotel in Texas
