Texas Slip and Fall? Personal Injury Lawyers Fight for You

What Counts as a Slip and Fall Case in Texas?

A slip and fall (a form of premises liability) arises when someone is injured because of a dangerous condition on another’s property—such as liquid on a floor, uneven surfaces, inadequate lighting, loose mats, or hidden hazards. Your legal status on the property affects the owner’s or occupier’s duty:

• Invitees (e.g., shoppers): owed reasonable care to inspect for and remedy or warn of unreasonably dangerous conditions the owner knew or should have known about (constructive notice). See Wal–Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002); CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).
• Licensees (e.g., social guests): generally owed a duty to warn of or make safe known dangerous conditions; there is typically no duty to inspect for unknown hazards.
• Trespassers: owed a very limited duty (e.g., not to injure willfully or wantonly). Special rules can apply to child trespassers (attractive nuisance) and to recreational users under CPRC ch. 75, which can lower the duty to avoiding gross negligence, malicious intent, or bad faith in certain settings.

Proving Liability: The Core Elements

To recover for a Texas slip and fall, a claimant generally must show: (1) the owner/occupier owed a legal duty; (2) the owner had actual or (for invitees) constructive knowledge of an unreasonably dangerous condition; (3) failure to make it safe or adequately warn; and (4) that failure proximately caused the injuries and damages. See CMH Homes, 15 S.W.3d at 99–102; Reece, 81 S.W.3d at 814–16 (requiring proof of notice; in spill cases, temporal evidence is often key).

Property owners usually owe no duty to warn of or make safe hazards that are open and obvious or actually known to the invitee, subject to narrow exceptions (e.g., where the invitee has no reasonable alternative but to confront the hazard and the owner should anticipate the harm). See Austin v. Kroger Tex., L.P., 465 S.W.3d 193 (Tex. 2015).

Comparative Fault Can Reduce Your Recovery

Texas follows proportionate responsibility. If you are partly at fault, your compensation is reduced by your percentage of responsibility; if your share is more than 50%, you are barred from recovery. See CPRC ch. 33 (e.g., §§ 33.001, 33.012).

Common Defenses in Texas Slip and Fall Claims

• Open and obvious/known hazard (no-duty rule, subject to exceptions). See Austin v. Kroger.
• No notice: the owner lacked actual or constructive knowledge. See Reece.
• Restricted area/misuse of the premises.
• Pre-existing or unrelated injury arguments.
• Recreational-use limitations lowering the duty of care in qualifying settings. See CPRC ch. 75.

Evidence That Strengthens Your Claim

• Report the incident to the property manager and request an incident report.
• Photograph the condition (and surrounding area) and your injuries; keep your shoes and clothing.
• Identify witnesses and request preservation of any surveillance footage and maintenance logs.
• Seek prompt medical evaluation and follow through on treatment.
• Track medical bills, lost wages, and out-of-pocket costs.

Damages You May Recover

Depending on the facts, you may seek compensation for medical expenses, lost income, loss of earning capacity, pain and suffering, and physical impairment. In limited circumstances, exemplary damages may be available (see CPRC ch. 41).

Why Legal Deadlines Matter

• Statute of limitations: Most Texas personal injury claims must be filed within two years of the injury. See CPRC § 16.003.
• Governmental notice: Claims against governmental units have strict notice requirements—generally within six months unless a city charter requires earlier notice. See CPRC § 101.101.

Missing a deadline can end your claim. Consult counsel promptly to protect your timeline.

Special Rules for Governmental Properties

Claims involving cities, counties, state agencies, or public schools are governed by the Texas Tort Claims Act, which provides limited waivers of immunity, statutory damage caps, and strict notice rules. See CPRC ch. 101; damage limits appear in § 101.023. For premises defects on governmental property, the duty is generally the same as that owed to a licensee (actual knowledge is typically required), with a different standard for certain special defects. See § 101.022; notice requirements appear in § 101.101.

How a Lawyer Helps

An experienced Texas personal-injury lawyer can investigate the hazard, secure and preserve evidence (surveillance video, inspection logs), work with safety and biomechanics experts, calculate damages, negotiate with insurers, and—when necessary—file suit and try your case. Early involvement often improves access to critical evidence and helps avoid missed deadlines.

What To Do After a Texas Slip and Fall

Questions about your case? Talk with our team today: Request a free consultation.

FAQs

How long do I have to file a slip and fall claim in Texas?

Most personal injury claims must be filed within two years of the injury. Some claims, especially against governmental units, have earlier notice requirements. Do not wait to seek advice.

Do I have a case if the hazard was obvious?

Generally, owners owe no duty for open and obvious hazards. Limited exceptions can apply where you had no reasonable alternative but to encounter the danger and the owner should have anticipated the harm.

What if I was partly at fault?

Your recovery can be reduced by your percentage of responsibility. If you are more than 50% at fault, you are barred from recovery under Texas’s proportionate responsibility rules.

Disclaimer: This post is for general information only and is not legal advice. Texas law changes and outcomes depend on specific facts. Consult a Texas-licensed attorney about your situation.