Slip and fall cases in Texas are premises liability claims. They turn on a specific legal question: what duty did the property owner owe you, and did they breach that duty? The answer depends largely on why you were on the property — as an invitee (customer, invited guest), a licensee (social guest), or a trespasser. Each status carries a different legal standard, and your attorney needs to apply the right one.
For business invitees — customers in a store, shoppers in a mall, guests in a hotel — Texas law requires the property owner to exercise ordinary care to reduce or eliminate unreasonably dangerous conditions. That means inspecting the property, correcting hazards, and warning of hazards they can't immediately fix. A wet floor without a sign, an unrepaired broken step, or inadequate lighting in a parking garage can all support a claim.
The knowledge element is often the hardest to prove. Your attorney needs to show that the property owner knew about the hazard — either because they created it, or because it existed long enough that they should have discovered it through reasonable inspection. Surveillance footage, inspection logs, and incident reports are key evidence.
Texas also applies comparative fault to slip and fall cases. If you were texting while walking or ignored warning signs, the defendant will argue your own negligence contributed. Your attorney needs to anticipate and counter that argument with evidence of how the hazard was presented and whether warning was adequate.
What You Need to Know
Key Facts About This Case Type
Your visitor status determines your rights
Invitee (business customer): highest duty of care. Licensee (social guest): duty to warn of known dangers. Trespasser: minimal duty. Most commercial slip and fall cases involve invitee status.
Proving knowledge
The property owner's knowledge of the hazard — actual or constructive — is required. Surveillance footage, inspection logs, and prior incident reports are critical evidence that must be preserved quickly.
Two years to file
Texas Civil Practice and Remedies Code §16.003. The clock starts from the date of injury.
Comparative fault defense
Defendants routinely argue that you weren't watching where you were going. Your attorney needs evidence that the hazard wasn't obvious and that warning was inadequate.
Common Questions
Frequently Asked Questions
Related Practice Areas
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