Slip and Fall in Texas: What You Need to Know

QUICK ANSWER

If you slipped and fell on someone else’s property in Texas, the owner may be liable — but only if they knew (or should have known) about the hazard and failed to fix it. What you do in the hours after the fall matters. Do not give a recorded statement to anyone until you’ve spoken with an attorney.

Who’s Responsible?

Property owners in Texas have a legal duty to keep their premises reasonably safe. If you were a customer at a store, restaurant, or commercial building, the owner owed you the highest standard of care — meaning they should have been regularly inspecting for and correcting hazards like wet floors, uneven pavement, poor lighting, or unmarked drop-offs.

To hold a property owner accountable, you generally need to show four things:

• A dangerous condition existed on the property.
• The owner knew or should have known about it.
• They failed to fix it or warn visitors.
• Their failure directly caused your injury.

The most contested element is often whether the owner “knew or should have known.” Surveillance footage, employee maintenance logs, and witness accounts all become critical evidence in answering that question.

What If I Was Partly to Blame?

Texas follows a modified comparative fault rule. This means that even if you were partly responsible for the accident — perhaps you were distracted, or wearing inappropriate footwear — you can still recover compensation, as long as you were less than 51% at fault. Your award is simply reduced by your percentage of responsibility.

Insurance adjusters are trained to ask questions — carefully worded questions designed to get answers that work in their favor, not yours. They know exactly what to ask and how to ask it. This is why you should speak to an Attorney first and let them represent you. We know what to say and what to look out for.

Where Do These Accidents Happen?

Slip and fall accidents are most common in:

• Grocery stores and supermarkets
• Restaurants and fast food locations
• Apartment complexes and rental properties
• Retail stores and shopping malls
• Parking lots and outdoor walkways
• Hotels and commercial office buildings

Steps to Take After a Fall

The steps you take in the hours after an accident can significantly affect your ability to recover compensation:

1. Report it immediately. Tell a manager or property owner and request a written incident report — get a copy before you leave.
2. Document the scene. Take photos of the hazard, the area, your injuries, and your clothing and footwear.
3. Get witness information. Names and phone numbers of anyone who saw what happened.
4. See a doctor the same day. Some injuries — especially soft tissue injuries and concussions — don’t fully appear for hours. A same-day visit creates a critical paper trail.
5. Preserve your clothing and shoes. Don’t wash them. They may be needed as evidence.
6. Stay off social media. Anything you post can be used against you.
7. Call a personal injury attorney before speaking to any insurance company.

What Can You Recover?

Compensation in a slip and fall case generally falls into two categories. Economic damages cover your out-of-pocket losses — things like hospital bills, follow-up treatment, and wages you missed while recovering. Non-economic damages address the harder-to-measure impact: the pain you’ve endured, the activities you can no longer enjoy, and the emotional toll the injury has taken on your daily life. In cases involving particularly reckless property owners, additional punitive damages may also be available.

How Long Do You Have to File?

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. If your fall occurred on government-owned property, the deadline is shorter and special notice requirements apply.

Two years sounds like a long time, but evidence disappears quickly. Surveillance footage is often overwritten within days. The sooner you act, the stronger your case will be.

We’re Here to Help

At the Law Office of Sovmya George, PLLC, we handle slip and fall cases in Texas and Massachusetts on a contingency fee basis — you pay nothing unless we win your case.

If you or someone you love was injured in a slip and fall accident, call us today.

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This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. If you have questions about a specific situation, consult a licensed personal injury attorney.