Construction Accident Lawsuit in Texas

Texas construction accident cases are litigated in state district courts, typically in the county where the project was located. Federal jurisdiction is uncommon unless diversity of citizenship and amount-in-controversy thresholds are met; most plaintiffs prefer state court given Texas jury pools and local venue rules.

Texas imposes a two-year statute of limitations for personal injury (Tex. Civ. Prac. & Rem. Code § 16.003). The clock runs from the date of injury for most construction accidents; discovery rule tolling is limited and applies only where the nature of the injury was inherently undiscoverable.

Texas has no Scaffold Law. Liability is governed by ordinary negligence principles, premises liability (for property owners), and the Texas Labor Code framework. Texas is a non-subscriber state — employers may opt out of workers' compensation, which eliminates the exclusivity bar and opens direct negligence claims against non-subscribing employers with no comparative fault cap.

For subscribing employers, workers' comp is the exclusive remedy against that employer, but third-party claims against general contractors, subcontractors, equipment manufacturers, and premise owners remain viable. OSHA 300 logs, serious/willful citations, and OSHA investigation files are powerful discovery targets in Texas construction litigation.