Slip and fall accidents happen all over San Antonio. Whether it’s a slick floor at a grocery store on Military Drive or a cracked sidewalk near the River Walk, these incidents can leave people seriously hurt. Many of them happen because property owners don’t keep their premises safe. When someone gets hurt because of this kind of neglect, the law gives them a way to take action. A San Antonio slip and fall attorney from Cowen | Rodriguez | Peacock can help you move forward after an injury.
You may be dealing with doctor visits, missed work, and unexpected bills. That stress builds quickly. Holding the at-fault party accountable may help you recover the maximum compensation available. If you or someone you care about slipped, tripped, or fell on someone else’s property, contact us for a free consultation. We’ll listen, answer your questions, and help you understand your next steps.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
Understanding Slip and Fall Laws in Texas
Texas law holds property owners accountable when someone gets hurt due to unsafe conditions on their land or in their buildings. These rules, known as premises liability laws, set the standards for how owners should maintain their property. When they don’t, and someone suffers harm because of that failure, the law may allow the injured person to recover damages. Below are the key legal rules that apply to slip and fall cases in Texas.
Texas Premises Liability Statutes
Premises liability laws in Texas say that property owners must take reasonable steps to keep their property safe for others. Whether that means cleaning up spills, fixing loose floorboards, or marking off dangerous areas, owners have a legal responsibility to protect visitors from harm. However, the law doesn’t treat everyone the same. Your status as a visitor plays a big role in how much protection you receive.
- Invitees: These are people invited onto the property for the owner’s benefit, like customers in a store. Owners owe invitees the highest duty and must fix or warn about dangers they know about or should know about through reasonable inspection.
- Licensees: These are social guests or people on the property for their own reasons. Owners still owe them a duty to warn of known dangers, but they don’t have to actively inspect for hazards.
- Trespassers: In most cases, owners don’t owe much of a duty to trespassers, but they can’t willfully harm them.
Property Owner Responsibilities
Property owners and operators are expected to act reasonably to prevent injury. This means they should:
- Inspect the premises regularly for hazards
- Fix any known problems within a reasonable time
- Place warning signs or barriers if the issue can’t be fixed right away
Failing to follow these steps may expose them to liability. For example, a grocery store that knows its freezer leaks water but fails to clean it up or put up warning cones may be held responsible if someone slips and gets hurt.
Comparative Negligence Rules in Texas
Texas follows a legal rule called modified comparative negligence. This rule allows injured people to recover damages even if they share part of the blame, as long as they are not more than 50% responsible for the fall.
Here’s how it works:
- If you are 20% at fault, your total recovery gets reduced by 20%.
- If you are 51% or more at fault, you cannot recover any damages.
Insurance companies often try to use this rule to shift blame onto the injured person. They may argue you weren’t watching where you were going or ignored warning signs. That’s one reason why collecting solid evidence matters so much in these cases.
Statute of Limitations for Slip and Fall Cases
Texas law gives injury victims two years from the date of the accident to file a lawsuit. That deadline applies to most slip and fall claims. Missing that window usually means you lose the right to bring a case.
Some situations require even faster action. For example:
- If your fall happened on city or county property, you may need to file a notice of claim within 6 months or even 90 days, depending on the local rules.
- If you were injured on school district property, different timelines may apply.
Talking with a personal injury lawyer shortly after the fall can help you protect your rights and avoid missing important deadlines.
What Constitutes a Valid Slip and Fall Case?
Slip and fall claims must meet certain legal requirements. A lawyer from Cowen | Rodriguez | Peacock can review the facts and help you determine whether you have a claim.
Elements Required for a Strong Claim
To bring a slip and fall case, you’ll need to show:
- The property owner owed you a duty of care
- They failed to meet that duty by not fixing or warning about a hazard
- That failure directly caused your fall
- The fall caused actual harm or loss
Proving Negligence in Premises Liability
Negligence means someone didn’t act reasonably under the circumstances. For example, a store that ignores a leaky freezer and doesn’t put up signs or clean the floor might be found negligent. That puddle could cause a shopper to slip and break a bone.
Common Defenses Property Owners Use
Property owners often say they didn’t know about the hazard or that it was “open and obvious.” Some claim the injured person wasn’t paying attention or wore unsafe shoes. A strong legal response can counter these arguments with solid facts and evidence.
Common Causes of Slip and Fall Accidents in San Antonio
Slip and fall accidents can happen almost anywhere. In San Antonio, some of the most common causes include:
- Wet or Slippery Floors: Spills at stores on Fredericksburg Road or cleaning solutions left behind in office buildings can lead to unexpected falls.
- Uneven Surfaces and Broken Pavement: A broken sidewalk near Woodlawn Lake Park or a pothole in a parking lot may cause someone to trip and fall.
- Poor Lighting Conditions: Dim stairwells in apartment complexes off Blanco Road often make it hard to spot hazards.
- Inadequate Signage and Warnings: Construction zones without warning signs near Broadway Street have caught pedestrians off guard.
- Weather-Related Hazards: Slick walkways near North Star Mall after rain or icy spots in parking garages during cold snaps can create dangerous conditions.
- Defective Stairs and Handrails: Broken steps or loose railings in buildings around Southtown could lead to serious injuries.
Where Do Most Slip and Fall Accidents Occur?
Slip and fall accidents happen in all kinds of places throughout San Antonio. Some locations pose higher risks than others.
Retail Stores and Shopping Centers
Busy stores like those near Ingram Park Mall often deal with foot traffic, spills, and product displays that block walkways. If a store doesn’t clean up or inspect regularly, injuries can happen.
Restaurants and Bars
A spilled drink on the floor at a bar on St. Mary's Strip can become a slipping hazard within minutes. Wet floors, crowded spaces, and low lighting all increase the risk.
Office Buildings and Hotels
Visitors to hotels along the River Walk or clients in offices downtown rely on safe common areas. Poor maintenance or neglected cleaning can turn everyday spaces into danger zones.
Public Properties and Sidewalks
Sidewalks near Brackenridge Park or walkways at bus stops need regular upkeep. When government entities fail to fix broken pavement or remove hazards, they may be liable for resulting injuries.
Types of Injuries from Slip and Fall Accidents
A slip and fall may sound minor, but the injuries can be severe and life-altering. Many require long-term care or result in lasting pain.
- Broken Bones and Fractures: Common in wrists, ankles, and hips, especially when someone tries to catch themselves during a fall.
- Head and Brain Injuries: Falls often cause concussions or even more serious traumatic brain injuries when the head strikes the ground.
- Spinal Cord Injuries: A sudden jolt or twist during a fall can lead to damage that affects mobility or sensation.
- Soft Tissue Injuries: Sprains, strains, and tears may not seem serious at first but can limit movement and require extensive treatment.
- Hip and Knee Injuries: Hard falls frequently impact joints, especially in older adults, leading to surgeries and extended recovery.
How Much Compensation Can You Receive?
Slip and fall settlements vary from case to case. Several factors come into play when calculating damages.
Medical Expenses and Future Care Costs
Bills from emergency room visits, surgeries, physical therapy, and follow-up appointments add up fast. Some injuries also need ongoing care, which should be factored into the total.
Lost Wages and Earning Capacity
If the injury kept you from working, the time away from your job may be part of your claim. Some people also lose their ability to return to the same kind of work, which can increase the damages they seek.
Pain and Suffering Damages
A fall injury may affect more than just your body. It can limit your ability to enjoy life or take part in things you once loved. The law allows for recovery tied to those losses.
Factors That Affect Settlement Amounts
The seriousness of the injury, the clarity of the property owner’s fault, and the strength of your evidence all shape what the at-fault party or their insurer offers to settle. Insurance companies often aim to minimize payouts, so preparation matters.
What Evidence Is Needed to Win Your Case?
A strong slip and fall case needs clear proof. Gathering the right documents and testimony early can make a big difference.
Documenting the Accident Scene
Photos and videos of the hazard, your injuries, and the surrounding area can tell a powerful story. If possible, take these right after the fall.
Medical Records and Expert Testimony
Hospital and doctor records confirm your injuries. In some cases, your lawyer may consult medical professionals or safety experts to help explain how the accident happened and why it caused harm.
Witness Statements and Security Footage
People who saw your fall or were aware of the hazard can support your version of events. Security video from nearby cameras may also catch the fall or show how long the hazard was present.
Maintenance Records and Inspection Reports
Evidence showing the property owner’s failure to check or clean the area can point to negligence. These records may be obtained through legal requests.
How Our Attorneys Can Help
Slip and fall cases aren’t just about proving you were hurt. You need to connect the hazard to the property owner’s actions (or lack of them). That’s where our team steps in.
- We start with a detailed case review to spot strengths and gaps.
- We gather and preserve photos, reports, video, and witness accounts.
- We speak with insurance adjusters so you don’t have to.
- We prepare the case for court if the other side refuses to make a fair offer.
- We push for the maximum compensation available based on your losses.
- We handle all legal filings and make sure you meet deadlines.
Why Choose Our Firm
Cowen | Rodriguez | Peacock has helped many injured people throughout San Antonio hold property owners accountable.
- Our attorneys have handled numerous slip and fall cases in Bexar County.
- We’ve recovered favorable settlements and verdicts across a wide range of claims.
- We don’t charge upfront. You only pay if there’s a recovery.
- We treat every client like a priority, not a case number.
- We understand local courts and judges, from downtown San Antonio to district courts in nearby counties.
- Our staff speaks Spanish and other languages so we can serve all communities.
Frequently Asked Questions About Slip and Fall Accident Claims
How long do I have to file a slip and fall lawsuit in Texas?
Most people have two years from the date of the accident. If your claim involves a public entity, the deadline could be much shorter.
What if I was partially at fault for my accident?
You can still seek compensation as long as you weren’t more than 50% at fault. Your recovery would be reduced by your share of the blame.
Do I need to report my accident to the property owner immediately?
Yes. Reporting the fall creates a record and may help preserve evidence. Ask for a copy of any written report they create.
What if the property owner claims they didn't know about the hazard?
If they should’ve known about it through regular inspections, they can still be held responsible. A lawyer can help uncover inspection and maintenance records.
Can I still recover compensation if there were warning signs posted?
It depends. Signs may not be enough if they weren’t clearly visible, were placed poorly, or didn’t provide a proper warning.
Let Our Slip and Fall Attorneys in San Antonio Help
Slip and fall injuries demand swift legal attention. Evidence can disappear quickly. Property owners often move fast to protect themselves. If you were hurt on someone else’s property in San Antonio, don’t wait to take action.
Call Cowen | Rodriguez | Peacock today at (210) 941-1301 for a free consultation. Everything you share stays confidential. Our team is ready to evaluate your case and explain how we can help. We’re here to make sure you’re not left holding the costs of someone else’s carelessness.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.