Texas Slip-and-Fall? Hold Negligent Property Owners Liable

Texas Premises Liability Basics

Slip-and-fall claims in Texas are typically brought as premises liability actions. For invitees (such as retail customers), a property owner or occupier owes a duty to use ordinary care to reduce or eliminate unreasonably dangerous conditions of which the owner knows or by the exercise of reasonable care should discover (Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983)). The duty owed varies by your status on the property (invitee, licensee, trespasser), with invitees generally owed the highest level of care.

What You Must Prove

To hold a negligent property owner liable for a slip-and-fall involving an invitee, Texas law generally requires proof that:

• The owner had actual or constructive knowledge of an unreasonably dangerous condition;
• The condition posed an unreasonable risk of harm;
• The owner failed to exercise ordinary care to eliminate or reduce the risk; and
• That failure proximately caused your injury (Corbin).

Constructive knowledge often requires temporal evidence showing the condition existed long enough that a reasonably careful owner would have discovered it (Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 816 (Tex. 2002)).

Common Defenses in Texas Slip-and-Fall Cases

• No notice (no actual or constructive knowledge) (Reece).
• Open and obvious/known hazard: landowners generally owe no duty for hazards that are open and obvious or actually known to the invitee, subject to narrow exceptions (Austin v. Kroger Texas, L.P., 465 S.W.3d 193, 204-10 (Tex. 2015); Sampson v. Univ. of Tex. at Austin, 500 S.W.3d 380, 388-89 (Tex. 2016)).
• Condition not unreasonably dangerous.
• Reasonable inspection/cleanup procedures were in place and followed.
• Comparative fault (your own negligence reduced or bars recovery) under proportionate responsibility (Tex. Civ. Prac. & Rem. Code ch. 33).

Evidence That Can Strengthen Your Claim

• Incident reports, maintenance and inspection logs.
• Surveillance video and scene photographs (hazard, lighting, signage, and any spill/substance).
• Witness statements and employee training/policy materials.
• Weather data, expert analysis (e.g., slip resistance or code compliance).
• Medical records, bills, and documentation of lost wages.

Steps to Take After a Slip-and-Fall

• Report the incident and ask for an incident report.
• Photograph the hazard and your injuries as soon as possible.
• Identify and obtain contact information for witnesses.
• Seek medical evaluation promptly and follow treatment plans.
• Preserve your footwear and clothing.
• Consult a Texas personal injury attorney to evaluate liability, preserve evidence, and communicate with insurers.

Damages Available

Depending on the facts and Texas law, recoverable damages may include medical expenses, lost wages or earning capacity, pain and suffering, physical impairment, and, in some cases, disfigurement. Expert testimony may be needed to support future medical and economic losses.

Special Issues: Open and Obvious Hazards and Warnings

Texas generally imposes no duty to warn of or make safe hazards that are open and obvious or actually known to the invitee. A limited necessary-use exception may apply when the invitee must confront the hazard because there is no reasonable alternative and the landowner should anticipate the harm (Austin, 465 S.W.3d at 208-10; see also Sampson, 500 S.W.3d at 388-89). Whether warnings or remediation were adequate is a fact-specific inquiry.

Comparative Fault and How It Impacts Recovery

Texas uses proportionate responsibility. A jury may assign a percentage of responsibility to each party; your recovery is reduced by your percentage and is barred if your percentage is greater than 50% (Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012). Insurers commonly argue comparative fault based on footwear, distraction, ignoring warning signs, or leaving designated paths.

Why Timelines Matter

Most Texas personal injury claims must be filed within two years of the injury (Tex. Civ. Prac. & Rem. Code § 16.003(a)). Claims against governmental units have strict notice requirements, generally not later than six months, and some local charters require even earlier notice (Tex. Civ. Prac. & Rem. Code § 101.101). Acting promptly helps preserve evidence and protect your rights.

How a Texas Slip-and-Fall Attorney Can Help

An attorney can investigate the hazard and the owner’s knowledge, secure time-sensitive video and records, coordinate expert analysis, handle insurer communications, evaluate comparative fault issues, and prepare your case for negotiation or trial. Many cases resolve through settlements, but thorough preparation helps achieve fair results.

FAQ

How long do I have to file a Texas slip-and-fall lawsuit?

Generally two years from the date of injury. Claims involving governmental entities require earlier notice, often within six months, and sometimes sooner by local charter.

Do I need to prove the store knew about the spill?

You must generally prove actual or constructive knowledge. Constructive knowledge can be shown with evidence that the condition existed long enough that it should have been discovered with reasonable care.

What if I did not fill out an incident report?

Lack of a report is not fatal, but it may make proof harder. Gather photos, witness information, and medical records to corroborate the incident.

Will my footwear or distraction be used against me?

Possibly. Under proportionate responsibility, your recovery may be reduced or barred if you are more than 50% at fault.

How are legal fees handled?

Many Texas personal injury lawyers work on contingency fees, meaning you pay no attorney’s fees unless there is a recovery.

Talk to a Texas premises liability lawyer. Contact us for a free case evaluation.

Key sources

• Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983)
• Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002)
• Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015)
• Sampson v. Univ. of Tex. at Austin, 500 S.W.3d 380 (Tex. 2016)
• Tex. Civ. Prac. & Rem. Code ch. 33 (Proportionate Responsibility)
• Tex. Civ. Prac. & Rem. Code § 16.003(a) (Two-Year Limitations)
• Tex. Civ. Prac. & Rem. Code § 101.101 (TTCA Notice)

Texas-specific disclaimer: This post provides general information about Texas law and is not legal advice. Laws change and outcomes depend on specific facts. Consult a licensed Texas attorney about your situation. Reading this post does not create an attorney-client relationship.