Hurt at a Store in Texas? Free Premises Liability Help

Texas Premises Liability Basics

In Texas, premises liability addresses injuries caused by unsafe property conditions. Retail customers are typically invitees. A store owes invitees a duty to use reasonable care to make the premises safe or to warn of unreasonably dangerous conditions the store knows about or, through reasonable inspections, should discover. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 99–100 (Tex. 2000); Keetch v. Kroger Co., 845 S.W.2d 262, 264–65 (Tex. 1992).

What You Must Generally Prove

To recover as an invitee in a Texas premises liability case, a plaintiff generally must prove: (1) the store had actual or constructive knowledge of an unreasonably dangerous condition; (2) the condition posed an unreasonable risk of harm; (3) the store failed to exercise reasonable care to reduce or eliminate the risk; and (4) that failure proximately caused the injury. See Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 814–15 (Tex. 2002); Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936–38 (Tex. 1998); CMH Homes, 15 S.W.3d at 99–100.

Constructive knowledge usually requires a “temporal” showing—evidence that the hazard existed long enough that, in the exercise of ordinary care, it should have been discovered. See Reece, 81 S.W.3d at 816–17; Gonzalez, 968 S.W.2d at 937–38.

Common Store and Insurer Defenses

• No notice: The store may argue it lacked actual or constructive knowledge of the condition, or that there is insufficient evidence of how long the hazard existed. See Reece, 81 S.W.3d at 816–17.
• Open and obvious: If a danger was open and obvious (or was actually known), that may limit the duty owed. See Austin v. Kroger, 465 S.W.3d 193, 204–05 (Tex. 2015).
• Comparative fault (proportionate responsibility): Your damages can be reduced by your percentage of responsibility and are barred if you are more than 50% responsible. See Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012.
• Not unreasonably dangerous: Defendants may assert the condition did not pose an unreasonable risk under the circumstances.

Checklist: What to Do Right Now

Evidence That Can Strengthen Your Claim

• Surveillance footage and store sweep logs or inspection schedules.
• Incident reports and internal communications regarding the hazard.
• Prior complaints about similar hazards.
• Maintenance, cleaning, or restocking records showing when the area was last checked.
• Expert analysis on lighting, flooring, retail safety, or human factors.
• Medical records linking the incident to your injuries.

Practical Tips to Protect Your Claim

Special Issues in Texas Store Cases

• Recurring hazards and “mode-of-operation”: Texas generally requires proof of actual or constructive knowledge; it does not adopt a “mode-of-operation” rule that substitutes for the notice requirement. Evidence of recurring spill patterns or self-service practices may still inform what reasonable inspections require. See Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 408–09 (Tex. 2006); Reece, 81 S.W.3d at 816–17.
• Falling merchandise: Claims may involve negligent stocking, failure to secure overhead items, or inadequate policies for safe display and retrieval.
• Inadequate security: Stores can, in limited circumstances, be liable for third-party criminal acts when such acts are foreseeable and reasonable security measures were not taken. See Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 756–57 (Tex. 1998).
• Government-operated facilities: Special notice rules and liability limits may apply under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code ch. 101.

Medical Bills, Lost Wages, and Other Damages

Recoverable damages can include medical expenses, lost wages or earning capacity, pain and suffering, physical impairment, and when supported by the facts and law, disfigurement or mental anguish. Document everything: save bills, receipts, and employer records of missed work.

Deadlines and Notice Considerations

• Statute of limitations: Texas generally has a two-year limitations period for personal injury claims. See Tex. Civ. Prac. & Rem. Code § 16.003(a).
• Governmental entities: If a governmental entity is involved, pre-suit notice is typically required within six months, and some cities have shorter charter deadlines. See Tex. Civ. Prac. & Rem. Code § 101.101. Damage caps may also apply. See § 101.023.

Because timing can affect your rights and evidence (like video) can be overwritten quickly, consult counsel as soon as possible.

How a Lawyer Helps—Free Consultation

We move quickly to preserve surveillance footage and records, obtain witness statements, work with qualified experts, and handle insurers so you can focus on recovery. If we accept your case, we typically work on a contingency fee—no attorney’s fees unless we recover compensation. Costs and expenses may be charged separately. Contact us for a free, no-obligation consultation.

What to Bring to Your Free Case Review

• Photos or videos from the scene
• Incident report details
• Medical records and bills
• Health insurance information
• Names of witnesses and store employees you spoke with
• Any communications from the store or insurer

Frequently Asked Questions

Do I have a case if I didn’t see the spill?

Potentially. The key issues are notice and reasonableness. The store’s inspection practices and how long the hazard existed often matter more than whether you saw it. See Reece, 81 S.W.3d at 816–17.

What if I was partially at fault?

Your recovery may be reduced by your share of responsibility and is barred if you are more than 50% responsible. See Tex. Civ. Prac. & Rem. Code § 33.001.

Will my case settle?

Many cases settle, but thorough early investigation and readiness for trial often drive fair outcomes. Preserving evidence quickly can increase leverage.

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney–client relationship. Legal outcomes and deadlines depend on specific facts and Texas law. Consult a licensed Texas attorney about your situation.