In a Texas slip and fall case, proving that a dangerous condition existed is only part of the claim. You also generally need to show that the store or property owner knew, or should have known, about the hazard and failed to address it.
That question often becomes a key issue in determining whether the property owner may be liable.
A Houston slip and fall lawyer at NMW Law Firm investigates what the owner knew, gathers the video and records that show how long a hazard was there, and pursues payment for medical care, lost income, and the effects of a serious fall.
If you fell on someone else's property, call NMW Law Firm's Houston office at (713) 714-2563 soon, while the store's video and inspection records still exist.
Table of contents
- How Does NMW Law Firm Investigate a Fall?
- What Does a Texas Premises Liability Claim Require?
- How Do You Prove the Owner Knew About the Hazard?
- How Does Your Reason for Being There Change the Duty Owed?
- Who May Be Responsible for a Fall?
- What Hazards Cause Slip, Trip, and Fall Injuries in Houston?
- What Is the Open and Obvious Defense?
- What If You Were Partly at Fault for the Fall?How Texas Divides Fault
- What Should You Do in the First 48 Hours After a Fall?
- What Injuries and Damages Are Involved in a Slip and Fall Claim?
- What Deadlines Apply to a Houston Slip and Fall Claim?
- FAQs for Houston Slip and Fall Injury Claims
- Protect Your Houston Slip and Fall Claim
How Does NMW Law Firm Investigate a Fall?
Slip and fall claims are won on proof of what the owner knew and when. NMW Law Firm's Houston team focuses on that evidence from the start.
- Preservation requests for surveillance video and inspection logs before they are overwritten or discarded
- Identifying every responsible party, including tenants, property managers, and cleaning contractors
- Medical coordination, with more than 90 percent of the firm's clients referred by physicians
- A Houston track record, with clients rating the firm 4.9 to 5.0 stars across more than 480 Google reviews
This approach helps the firm identify the evidence, parties, and insurance coverage that may affect the claim.
What Does a Texas Premises Liability Claim Require?
Texas courts use a specific framework for injuries caused by a dangerous condition on someone else's property. For a customer or other invited guest, the injured person generally must prove:
- A condition on the property posed an unreasonable risk of harm.
- The owner or operator knew, or reasonably should have known, about the condition.
- The owner failed to use reasonable care to reduce or eliminate the risk, such as by cleaning it up or warning about it.
- That failure caused the injury.
These elements come from Texas Supreme Court decisions such as Keetch v. Kroger Co. They apply to grocery stores, restaurants, apartment complexes, hotels, office buildings, and other properties across the Houston area.
How Do You Prove the Owner Knew About the Hazard?
Actual vs. Constructive Knowledge
Actual knowledge means someone at the business knew about the hazard, perhaps because an employee saw the spill or a customer reported it.
Constructive knowledge means the hazard existed long enough that a reasonable owner, inspecting the property with ordinary care, would have discovered it.
The Time-Notice Rule
In Wal-Mart Stores, Inc. v. Reece, the Texas Supreme Court held that an injured person generally must show how long a hazard existed before the fall. An employee standing nearby, by itself, isn't enough.
There must be some evidence the condition was there long enough that the business should have found it.
Evidence That Can Help Establish Notice
Several types of evidence may help show what the property owner knew or how long the dangerous condition existed:
- Surveillance video showing when a spill occurred or when a leak started
- Inspection and sweep logs showing the last time an employee checked the area
- Employee statements about known problems, such as a cooler that regularly leaks
- Evidence showing how long the dangerous condition existed before the fall
- Prior complaints or incident reports involving the same condition or location
Stores often keep video only for a limited time. A written request to preserve footage, sent quickly, can be the difference between a provable claim and one with no evidence of timing.
How Does Your Reason for Being There Change the Duty Owed?
Texas law gives visitors different levels of protection depending on why they were on the property.
| Visitor status | Who it usually includes | What the owner generally owes |
|---|---|---|
| Invitee | Customers, shoppers, restaurant guests, and others there for the owner's business purpose | Reasonable care to discover and address hazards the owner knew or should have known about |
| Licensee | Social guests and others there with permission but not for business | A warning or repair of dangers the owner actually knew about and the guest did not |
| Trespasser | People with no permission to be there | Only to avoid injuring them willfully, wantonly, or through gross negligence |
Most Houston slip and fall claims involve invitees, since they happen in stores, restaurants, and other businesses. The distinction becomes important in apartment common areas, private homes, and properties where the visitor's permission is disputed.
Claims Against Government Property
Falls on property owned by a city, county, or state agency follow the Texas Tort Claims Act. For premises defects, the government generally owes only the duty owed to a licensee unless the injured person paid to use the property, which makes these claims harder to win.
Who May Be Responsible for a Fall?
Owners, Tenants, and Managers
The property owner isn't always the only party. Depending on who controlled the area, a claim may involve the business that leases the space or a property management company.
Some leases shift maintenance duties from the owner to the tenant, so the lease terms can decide who is responsible.
Contractors
Cleaning crews, floor-care companies, and maintenance contractors may share responsibility when their work created the hazard, such as a freshly mopped floor left without a warning sign. Identifying every responsible party matters because each may carry separate insurance.
What Hazards Cause Slip, Trip, and Fall Injuries in Houston?
Wet Floors and Spills
Grocery aisles, restaurant floors, and store entrances are frequent sites of falls from spilled liquids, dropped produce, and leaking coolers or ice machines.
Rain and Humidity
Houston's sudden storms leave entryways and parking areas slick. Businesses are expected to take reasonable steps during wet weather, such as placing mats and warning signs.
Trip Hazards
Uneven sidewalks, broken parking lot pavement, loose floor mats, cords across walkways, and merchandise left in aisles cause many serious falls.
Stairs, Lighting, and Railings
Poorly lit stairwells, missing handrails, and broken steps are common in apartment complexes and older commercial buildings.
What Is the Open and Obvious Defense?
Property owners often argue the hazard was so plain that anyone would have seen and avoided it. In Austin v. Kroger Texas, L.P., the Texas Supreme Court recognized that owners generally don't have to warn about dangers that are open and obvious or already known to the visitor.
Where the Defense Falls Short
That defense has limits. It may not apply when the hazard wasn't truly visible, such as clear liquid on a glossy floor, or when a visitor had no reasonable way to avoid it. Whether a hazard was open and obvious is often disputed with photos and video.
Texas courts have also recognized exceptions, for example when a business should have anticipated that customers would encounter the danger anyway, such as a hazard blocking the only entrance. How these exceptions apply depends heavily on the facts.
What If You Were Partly at Fault for the Fall?How Texas Divides Fault
Texas applies proportionate responsibility. If you are found 50 percent at fault or less, your recovery is reduced by your share. At 51 percent or more, you recover nothing.
How Defense Teams Shift the Blame
Insurers and property owners regularly argue that the injured person caused the fall. Common arguments include:
- You were looking at your phone or at shelves instead of the floor
- Your shoes were unsafe for the conditions
- You ignored a warning sign or cone
- You walked through a closed or roped-off area
Video, witness accounts, and photos of the scene are usually the best answers to those arguments.
What Should You Do in the First 48 Hours After a Fall?
- Report the fall to a manager and ask that an incident report be written.
- Photograph the hazard, the surrounding area, any warning signs or lack of them, and your shoes.
- Get names and phone numbers of employees and customers who saw the fall or the hazard.
- Get medical care the same day, even if the injury seems minor.
- Ask the business in writing to preserve surveillance video of the area.
- Keep the clothes and shoes you were wearing.
- Avoid giving a recorded statement to the owner's insurer before getting advice.
What Injuries and Damages Are Involved in a Slip and Fall Claim?
Common Fall Injuries
Falls cause more serious injuries than many people expect, especially for older adults. Hip fractures, broken wrists and ankles, knee injuries, spinal injuries, and traumatic brain injuries from striking the head are all common. When a fall leads to permanent impairment or long-term care needs, a catastrophic injury lawyer can help account for the full cost of recovery.
What the Claim Can Include
A slip and fall claim can include past and future medical costs, lost wages and earning capacity, physical pain, mental anguish, and physical impairment. Values depend on the injury, the strength of the notice evidence, any shared fault, and the property owner's insurance.
What Deadlines Apply to a Houston Slip and Fall Claim?
Most Texas slip and fall lawsuits must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code.
Shorter Notice for Government Property
Falls on property owned by a city, county, or state agency generally require formal written notice within six months under the Tort Claims Act, and some city charters require notice sooner.
FAQs for Houston Slip and Fall Injury Claims
How long do I have to sue for a slip and fall in Texas?
Most Texas slip and fall lawsuits must be filed within two years of the fall. Falls on government property usually require written notice within six months or less, so those claims move on a much shorter timeline.
How do I prove the store knew about a spill?
You can prove a store knew about a spill with evidence that an employee saw it or was told about it, or with evidence that the spill was there long enough that a reasonable inspection would have found it.
Surveillance video, inspection logs, and witness statements are the most common proof.
Can I recover if I was partly at fault for my fall?
Yes, if you were 50 percent at fault or less. Texas reduces your recovery by your percentage of fault and bars recovery if you are found 51 percent or more responsible.
What is the average slip and fall settlement in Texas?
There is no reliable average slip and fall settlement in Texas. Values depend on the severity of the injury, medical costs, lost income, the evidence showing the owner knew about the hazard, and any shared fault.
Can I sue my landlord for a fall at my apartment complex?
You may be able to bring a claim against a landlord or property management company for a fall in a common area they control, such as stairs, walkways, or parking lots.
Falls inside your own unit are treated differently and depend on the lease and what the landlord knew.
Protect Your Houston Slip and Fall Claim
The evidence in a fall case often belongs to the property owner, and it doesn't last long. Getting answers from the owner starts with asking for those records before they disappear.
Call (713) 714-2563 at any hour for a free consultation, at 3 E Greenway Plaza or by phone. Each case depends on its facts, and past results don't guarantee future outcomes.