Slip and fall accidents happen fast but leave lasting problems. You may have hit the ground hard and walked away hurt. Or maybe the pain crept up after the shock wore off. Either way, the aftermath can throw your entire routine off track. Medical bills start coming in. Time off work becomes necessary. And questions about who’s responsible start to pile up.
A Texas slip and fall attorney at Cowen | Rodriguez | Peacock can help you sort through what happened and take action. Property owners owe a duty to keep their premises safe. When they fail to do that and someone gets hurt, they can be held accountable.
Our firm has handled many Texas premises liability cases and knows what it takes to move these claims forward.If you’ve suffered injuries or losses in a slip and fall accident, contact us for a free consultation. We’re here to listen and help.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Understanding Slip and Fall Laws in Texas
Slip and fall accidents fall under premises liability laws in Texas. These laws hold property owners and those in control of a space responsible for keeping it reasonably safe. When someone gets hurt due to unsafe conditions, they may have a legal claim for damages.
Texas Premises Liability Statute
Texas law doesn’t automatically hold property owners responsible for every accident. Instead, the law looks at whether the owner knew about a dangerous condition or should have known about it and failed to fix it or warn about it. Liability depends on the status of the injured person:
- Invitee: An invitee enters the property with permission for the mutual benefit of both parties, often for business purposes. Examples include customers in a store, tenants in an apartment complex, or clients in an office. They have the highest duty of care.
- Licensee: A licensee enters the property with permission but for their own purposes, not for the benefit of the property owner. Common examples include social guests, friends, or door-to-door salespeople. These have a moderate duty of care.
- Trespasser: A trespasser enters the property without permission or legal right. They usually have the lowest duty of care. However, if the owner knows that people regularly trespass in a certain area (like children near a pool), liability might still apply under the “attractive nuisance” doctrine.
Property Owner Duties and Responsibilities
Property owners and managers must routinely check their premises for hazards. If they discover a problem, they need to fix it or clearly warn visitors until they can. For example, a grocery store that sees a spilled drink must clean it up or put out a warning sign. Ignoring the hazard or leaving it unattended for too long increases the chance of liability.
Comparative Negligence Rules in Texas
In some slip and fall cases, the property owner may argue that the injured person shares some blame. Texas uses a modified comparative negligence rule. That means if you’re 50% or less at fault, your compensation will be reduced by that percentage. If you're more than 50% at fault, you won’t be able to recover anything. For example, if someone slips while texting and walking, but the floor was also wet and unmarked, both parties may share responsibility.
Slip and fall cases rely on timing, proof, and the ability to show that someone failed to take reasonable care. Knowing how Texas law works in these situations helps determine who may be responsible and what steps need to happen next.
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents don’t always happen because of clumsiness. In many cases, they happen because of unsafe property conditions that weren’t addressed.
Wet or Slippery Surfaces
Freshly mopped floors, spilled drinks in grocery aisles, or rainwater tracked into a store can all lead to slick walking surfaces. When businesses don’t clean up or post warning signs, people get hurt.
Uneven Flooring and Walkways
Cracked sidewalks, broken tiles, and potholes in parking lots are all hazards. Indoors, uneven flooring or loose mats can catch someone off guard. Tripping on these problems can lead to serious falls.
Poor Lighting Conditions
Dimly lit stairwells, hallways, or parking garages can hide obstacles. Without enough light, people may not see spills, clutter, or steps.
Inadequate Warning Signs
Sometimes, danger is unavoidable. But when that’s the case, the owner must clearly mark it. Missing or poorly placed warning signs put people at risk.
Debris and Obstacles
Boxes in store aisles, cluttered walkways in apartment buildings, or electrical cords stretched across a hallway are accidents waiting to happen. Keeping public areas free of obstacles is part of keeping people safe.
Types of Injuries from Slip and Fall Accidents
The damage from a fall often goes beyond a bruise or scrape. Some people walk away sore for a few days. Others end up in surgery or need long-term care.
- Broken bones and fractures: Wrists, ankles, and hips take the brunt of many falls. Some fractures require surgery and months of recovery.
- Head and brain injuries: Hitting your head can cause a concussion or more serious brain trauma. These injuries might not be obvious at first but can have lasting effects.
- Spinal cord injuries: A hard fall can injure the neck or back. In some cases, damage to the spinal cord leads to mobility issues or permanent disability.
- Soft tissue injuries: Sprains, strains, and torn ligaments are painful and slow to heal. Physical therapy is often needed.
- Hip and knee injuries: Falls can lead to dislocations or tears in major joints. Older adults are especially at risk of severe complications from hip fractures.
Who Can Be Held Liable for Slip and Fall Accidents?
More than one person or group might be responsible for a slip and fall injury. Liability depends on who controlled the property and whether they had a duty to fix the hazard.
Property Owners and Managers
If the owner knew about the unsafe condition and didn’t fix it, they may be responsible. The same goes for property managers who handle day-to-day upkeep.
Business Establishments
Stores, restaurants, and other businesses that invite the public in must keep those areas safe. If a customer slips on a spill or trips over merchandise left in an aisle, the business may be liable.
Government Entities
Sidewalks, government buildings, and public parks are often maintained by city or state agencies. If a dangerous condition exists on government-owned property, you may have a claim, but the process involves strict deadlines and rules.
Maintenance Companies
Some businesses hire outside cleaning or maintenance crews. If those workers failed to clean up a spill or left tools in a walkway, they may share liability.
Proving Negligence in Texas Slip and Fall Cases
To succeed in a slip and fall case, you need an attorney to show that someone’s carelessness caused your injury. That involves several steps.
- Establishing duty of care: The owner or business had a legal duty to keep the area safe for visitors.
- Demonstrating breach of duty: They failed to fix a hazard or warn about it when they should have.
- Proving causation: The hazard caused your fall. For example, slipping on an unmarked wet floor led to your injury.
- Documenting damages: Medical records, bills, and lost wages show the financial impact of your injury.
What Compensation Can I Recover After a Slip and Fall?
If someone else caused your fall, you may be able to recover financial support to help cover your losses.
Medical Expenses and Future Care
This includes hospital bills, doctor visits, surgery, rehabilitation, medication, and ongoing treatment. If long-term care is needed, that can also be factored in.
Lost Wages and Earning Capacity
If the injury caused you to miss work or left you unable to return to your job, you may seek recovery for lost income and reduced earning potential.
Pain and Suffering
Falls often cause lasting discomfort, emotional distress, and disruptions to daily life. These non-financial losses can be part of your recovery.
Property Damage
Sometimes, a fall damages personal property, such as phones, glasses, or other belongings. These costs may be included in a claim.
How Long Do I Have to File a Slip and Fall Claim in Texas?
Waiting too long to act could mean giving up the right to hold the at-fault party accountable.
Two-Year Statute of Limitations
In most cases, you have two years from the date of the fall to file a lawsuit in Texas. Missing that window typically bars you from recovering anything.
Discovery Rule Exceptions
If the injury wasn’t obvious right away or the hazard was hidden, the clock might start later. Courts may allow extra time in some cases based on when the injury was discovered.
Government Claim Notice Requirements
Claims against a government entity require extra steps. In many Texas cities, you must file a formal notice within six months of the accident. Some places have even shorter deadlines.
How Our Attorneys Can Help
Slip and fall claims involve more than just paperwork. Our attorneys know how to build a case and push back when insurance companies try to shift the blame.
- Free case evaluation and consultation: We’ll go over what happened and explain your options at no cost.
- Thorough investigation of accident scene: We’ll inspect the location, gather records, and review surveillance footage if available.
- Gathering and preserving evidence: From maintenance logs to witness statements, we know what to look for and how to secure it.
- Negotiating with insurance companies: We’ll handle talks with the insurer and demand full value for your claim.
- Litigation representation when necessary: If the at-fault party refuses to offer fair compensation, we’re ready to go to court.
- Maximizing compensation recovery: Our goal is to help you pursue the maximum amount available under the law.
Why Choose Our Firm
Cowen | Rodriguez | Peacock has a strong record of helping injured clients across Texas. Slip and fall accidents require careful review, strong evidence, and determination. That’s what we bring to every case.
- Extensive experience with Texas slip and fall cases: We’ve handled many premises liability claims and know what patterns to look for.
- Proven track record of successful settlements and verdicts: Our past results show how seriously we take these cases.
- No fee unless we recover for you: You don’t pay us upfront. We only get paid if we help you recover compensation.
- Personalized attention and communication: You’ll never be treated like just a file number. We keep you informed and involved.
- Resources to handle complex cases: We have the team and tools to dig into what caused your fall and hold the right parties responsible.
Frequently Asked Questions About Texas Slip and Fall Accidents
Do I need a lawyer for a minor slip and fall injury?
Even a minor injury can become more serious over time. Talking to a lawyer helps protect your rights and ensures you don’t accept less than what your claim is worth.
Can I still recover compensation if I was partially at fault?
Yes, as long as you were not more than 50% responsible. Your recovery may be reduced based on your share of the fault.
What if the accident happened on government property?
You may still have a claim, but government entities have shorter deadlines and stricter rules. An attorney can help make sure everything is filed correctly.
How much does it cost to hire a slip and fall attorney?
We don’t charge anything upfront. You pay only if we recover money for you.
What should I do immediately after a slip and fall accident?
Report the incident, take photos, gather witness names, and seek medical attention. Then contact an attorney to review your next steps.
Let Our Slip and Fall Attorneys in Texas Help
Every slip and fall injury deserves careful attention. The sooner you act, the better your chances of protecting your rights and building a strong case. Time limits apply, and evidence can disappear fast.Call Cowen | Rodriguez | Peacock today at (210) 941-1306 for a free and confidential consultation. Let us help you take the next step. We’re ready to listen.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.