Can a Contractor Sue the Property Owner?

Yes, a contractor, subcontractor, or their employee can sometimes sue a Texas property owner. An injury on the owner’s property is not enough on its own. Chapter 95 of the Texas Civil Practice and Remedies Code sets specific requirements for many of these claims.

When Chapter 95 applies, § 95.003 allows recovery only if the owner retained or exercised control over how the work was done and had actual knowledge of the danger and failed to warn adequately.

When Can an Injured Contractor Sue a Texas Property Owner?

Whether you can sue depends on whether Chapter 95 covers the owner, the work, and the condition that caused your injury. If it applies, you must meet its requirements. Otherwise, other negligence rules determine whether the owner is liable.

Property Owners Chapter 95 Covers

§ 95.001 defines a protected property owner as a person or entity that owns real property primarily used for commercial or business purposes. That definition does not automatically cover every private homeowner.

A residential rental project may qualify. In Los Compadres Pescadores, L.L.C. v. Valdez, the property was intended for rental apartments.

Claims Chapter 95 Covers

§ 95.002 ties the claim to the condition or use of the same improvement the contractor was constructing, repairing, renovating, or modifying. In Energen Resources Corp. v. Wallace, the Texas Supreme Court explained that an accident at a workplace location is not enough. The negligence that caused the damage must involve the condition or use of that improvement.

Courts examine how the equipment and work are connected. In Ineos USA, LLC v. Elmgren, the court treated interconnected processing equipment as a single improvement. In Energen, gas entering a water well under construction was a condition of that well, even though nearby oil drilling contributed. A danger originating elsewhere can still fall under Chapter 95.

The statute can also cover a negligent hiring claim. In Endeavor Energy Resources, L.P. v. Cuevas, Chapter 95 applied because the contractor’s negligent use of the improvement helped cause the injury.

When Chapter 95 Does Not Apply

If Chapter 95 does not apply, other negligence and Texas premises liability rules determine whether the owner is liable. A personal injury claim still requires proof of duty, breach, causation, and damages.

What Control Must the Property Owner Have Over the Work?

Chapter 95 requires proof that the owner retained or exercised control over how the relevant work was performed. Under § 95.003 and Energen, the right to start or stop work, inspect progress, or receive reports is not enough.

Contract Rights & Job-Site Directions

The owner may reserve control in the contract or exercise it through job-site directions. That control must extend to the means, methods, or details of the work that caused the injury.

Review the owner-contractor agreement alongside instructions the owner or its agent gave workers.

Safety Rules Alone May Not Prove Control

Many owners publish safety manuals, staff safety personnel, and require work permits. Those measures do not automatically prove control over the injury-causing task.

In Dow Chemical Co. v. Bright, a common-law decision cited in Energen, the court examined the instructions and how the safety rules were applied. Evidence of who enforced a rule and how it affected the crew’s work can help establish control.

How an Owner’s Directions Can Show Control

In Los Compadres, the owner’s agent directed the work sequence and instructed the contractor to continue working near an energized power line. Based on the evidence, the Texas Supreme Court upheld liability.

An instruction to keep working does not establish control on its own.

What Must the Property Owner Know About the Danger?

When Chapter 95 applies, the owner must actually know of the specific danger that caused the injury and fail to warn adequately. What the owner should have discovered through a reasonable inspection is not enough. Control alone does not prove knowledge.

Actual Knowledge of the Specific Danger

Circumstantial evidence can establish actual knowledge, but it must show the owner was aware of the specific danger before the injury.

In Ineos, the owner’s general knowledge of explosive materials at the facility, its general procedures, and another incident did not establish awareness of gas in the particular line being worked on.

Can Earlier Hazard Reports Help?

Earlier complaints or incident reports can support a claim. Their value depends on what they said, when they were made, who received them, and whether they concern the condition that hurt you.

A written report about the exact hazard shortly before the injury can provide stronger evidence than a vague complaint about another area of the plant.

Did the Worker Understand the Danger?

A generic warning may not adequately explain the risk.

In SandRidge Energy, Inc. v. Barfield, the court applied the open-and-obvious danger doctrine, finding that the worker fully appreciated the hazard of energized equipment.

In Los Compadres, seeing a power line did not establish that the worker knew it was energized. The court examined whether the worker understood the danger the visible line posed.

What Evidence Can Support Your Claim?

Contracts, instructions, hazard reports, and warnings can help show the owner’s control over the work and knowledge of the danger.

1. Collect the contracts. Find the owner-contractor agreement, amendments, scope of work, and any relevant subcontract. These show what rights the owner reserved over work methods.

2. Gather site safety materials. Keep orientation materials, site rules, work permits, and any enforcement records. These help show who applied which rule to your task.

3. Save owner communications. Preserve emails, texts, meeting notes, and direct instructions from the owner or site manager, along with witness names. These help identify who gave directions and whether that person acted for the owner rather than an independent contractor.

4. Look for prior hazard reports. Earlier complaints, incident reports, repair requests, inspection records, and messages acknowledging receipt can connect the owner’s awareness to the specific danger.

5. Document warnings and the injury. Keep warning notices, safety briefing records, photographs, the injury report, and medical records. These show what you were told, what you understood, and how the incident caused harm.

6. Preserve originals. Keep records in their existing form and avoid altering them.

Talk With Angel Reyes & Associates About Your Injury

Angel Reyes & Associates has guided injured Texans for over 30 years.

Contact Angel Reyes & Associates for a free consultation. Bring your contract, any owner directions, prior hazard reports, and warnings you received, and our team can walk you through your options.

Past results do not guarantee future outcomes.