Slip and Fall Texas – What to Do

Slip and Fall Texas – What to Do

Under Texas law, property owners and occupiers owe a duty of care to people on their property. The extent of this duty depends on the legal status of the visitor:

• Invitees – like shoppers, mall patrons, or restaurant customers – are owed the highest duty. The owner must inspect for dangers and fix or warn of any hazards. As a paying customer, you’re an invitee, so the store or mall must act with reasonable care to keep the premises safe.
• Licensees – social guests or others there with permission but for non-business reasons – are owed a moderate duty (the owner must warn of known dangers).
• Trespassers – people without permission – are only owed a very minimal duty (generally, no intentional harm).

If you slipped in a store or other commercial venue, you were almost certainly an invitee, meaning the property owner had an obligation to regularly inspect for spills or hazards and address them promptly. For example, stores like Walmart have internal policies to routinely walk the aisles and look for dangers. This high duty exists because you’re there for the business’s benefit (e.g. to shop), so the law expects the business to put your safety first.

Proving Negligence in a Slip and Fall Case

Simply falling on someone’s property doesn’t automatically make them liable. The burden of proof is on you, the injured person, to demonstrate that the owner was negligent. In a Texas slip and fall claim, four key elements must be shown:

1. Duty – The property owner owed you a duty of care. (As discussed, this is usually straightforward if you were a customer/invitee.)
2. Breach of Duty – The owner failed to fulfill that duty. In practical terms, you must show there was a dangerous condition and the owner knew or should have known about it but didn’t fix or warn about it. Perhaps an employee saw a spill and ignored it, or a leaky freezer had been dripping water for hours with no caution sign. This knowledge element can be proven by actual notice (they knew of the hazard) or constructive notice (the hazard existed long enough or was so obvious that they should have known). For instance, if you slipped on a grape in a grocery aisle, you’d need evidence that staff either dropped it or failed to notice it on the floor for a sufficiently long time.
3. Causation – The hazardous condition directly caused your fall and injury. There must be a clear link between the danger and your accident. If you slipped on a wet floor, you need to show that floor caused you to fall (and you weren’t, say, running recklessly or suffering a medical episode unrelated to the premises condition).
4. Damages – You suffered actual injuries or losses as a result. This is usually shown through medical records, bills, and other evidence of injury (like pain and suffering, or lost wages from missing work). No harm, no claim – if you weren’t hurt, there’s no case even if a hazard existed.

Crucially, you must prove the owner’s knowledge of the hazard. Texas courts often focus on whether the store had actual or constructive knowledge of the dangerous condition. For example, if a supermarket customer spills a drink and one minute later you slip, the store might argue they had no reasonable opportunity to discover and clean it. But if evidence shows the spill had been there for 20 minutes with employees walking by, the store could be found negligent for failing to notice and address it. In one Texas case, a Walmart customer tripped on a wrinkled floor mat near the entrance. Evidence showed employees were aware the mat was causing trips but hadn’t replaced it. A Texarkana jury found Walmart negligent and awarded the injured shopper (71-year-old Julia Mejia) $1.1 million for her back and nerve injuries.

Defenses: Comparative Fault and “Open and Obvious” Hazards

Property owners (and their insurance companies) commonly raise defenses to avoid or reduce liability in slip and fall cases. Two major defenses in Texas are comparative negligence and the “open and obvious” rule:

• Comparative Negligence (Proportionate Responsibility): Texas follows a modified comparative fault rule (the “51% bar rule”). This means if you are found 51% or more at fault for your own fall, you cannot recover any compensation. If you are 50% or less at fault, you can still recover damages, but they’ll be reduced by your percentage of blame. For example, suppose a jury decides the store was 70% at fault for not cleaning up a spill, but also finds you 30% at fault for not paying attention (perhaps you were looking at your phone). In that scenario, you could recover 70% of your damages. However, if the roles were flipped (you 70% at fault, store 30%), Texas law would bar you from any recovery. Practical tip: The insurance company might try to argue you “weren’t watching where you were going.” While basic caution is expected of shoppers, do not let an insurer unfairly pin the blame on you. Texas law will compare each party’s negligence – so your goal is to gather evidence of the property owner’s fault (and minimize any appearance of your own). Every bit of fault they can put on you reduces what they have to pay.
• “Open and Obvious” Hazard: Texas premises liability law does not hold owners liable for dangers that are open and obvious to a reasonable person. In other words, if a hazard is so apparent that an ordinary visitor could avoid it, the owner may have no duty to warn. For instance, if a grocery store aisle has a large puddle of bright red tomato juice on a white tile floor, a court might deem that hazard open and obvious. A customer should see it and avoid stepping in it. Therefore, the store wouldn’t be liable if someone inexplicably walked through the puddle and fell. This defense often comes up in Texas slip and falls – did the hazard basically “announce” itself? If yes, the law expects you to take care around it. However, there are nuances. What’s obvious to one person might not be to another (for example, a person with poor vision or distracted by an emergency). And just because a hazard is visible doesn’t always absolve the owner – especially if you had no reasonable alternative but to encounter it. Texas courts have nuanced views on this, so an attorney can often argue against an “open and obvious” claim by showing why you couldn’t avoid the danger. Still, expect the property owner to use this argument if applicable. They might say, “Any reasonable shopper would have noticed that broken step.” Countering this may require evidence (perhaps lighting was poor, or no warning sign was posted).

Other defenses include arguing that the incident was unavoidable or not due to negligence (e.g., “it was raining, we mopped constantly, but the floor was still wet – we did all we reasonably could”) or that a third party caused the hazard (e.g., an independent contractor’s fault, or even the victim’s own shoes or health issue caused the fall). In some cases, wear and tear on the victim’s footwear or behavior (running, jumping) might be scrutinized. But these don’t usually absolve the owner unless they truly had no opportunity to prevent the harm.

Key takeaway: Texas law doesn’t make stores automatically pay your bills just because you fell there. You must prove negligence. But if the store was negligent, the law is on your side to recover damages. Big companies often fight these claims hard – for example, Walmart famously employs Claims Management, Inc. (CMI) to handle and defend slip and fall claims. They might already be building a case against you from the moment the accident is reported. This is why understanding the law and acting quickly to protect your claim is critical.

Examples of Slip and Fall Settlements and Verdicts in Texas (and Beyond)

Hearing how other cases turned out can give insight into the potential value and challenges of slip and fall claims. Every case is unique, but here are a few real examples of outcomes in slip and fall lawsuits:

• East Texas – Wet Floor Mat at Walmart: As mentioned earlier, a 2017 incident in Mount Pleasant, TX (near Texarkana) led to one of the region’s largest slip-and-fall verdicts. A 71-year-old customer fell due to a bunched-up wet floor mat at a Walmart entrance and suffered serious back injuries. Evidence showed employees knew the mat was causing problems but hadn’t fixed it. A jury awarded $1,119,000 for her damages, rejecting Walmart’s argument that the customer’s own negligence was to blame. This case highlights that even a seemingly small hazard (an out-of-place mat) can result in major liability if the store had notice and failed to act.
• California – Pothole in Parking Lot: In March 2024, a California jury awarded $2.45 million to Kathy Morrow, who tripped over a pothole in a Walmart parking lot. She fell hard and had to undergo major spinal fusion surgery. Walmart argued she was distracted by her phone and that the pothole was minor, but the jury disagreed. They found the retailer largely responsible for the unsafe parking lot. This verdict shows that a store’s duty extends to parking lots and outdoor areas: cracks, potholes, or ice in a parking area can be grounds for a claim if they’re not addressed. (It’s not just inside the store where dangers lurk.)
• Las Vegas – Slip in Store Aisle: A Nevada case shows how high damages can go when injuries are catastrophic. A woman shopping at a Lowe’s home improvement store slipped on a wet substance in the garden department. She suffered a skull fracture, brain injury, and other long-term effects. The case settled for $13 million to cover her extensive medical bills, lost earning capacity, and pain and suffering. Such a large settlement is rare and was driven by the extreme severity of injury (permanent brain trauma). While Texas juries tend to be conservative compared to some venues, jurors here in the Lone Star State have also delivered multi-million dollar awards in severe fall cases. For example, juries in Houston and Dallas County have historically been more plaintiff-friendly, especially if a corporation’s negligence is egregious.
• Pennsylvania – Spill in Grocery Aisle: In another widely reported case, a man in a Pennsylvania Walmart slipped on a spilled bottle of oil, resulting in a serious head injury that affected his cognitive abilities. A jury in 2022 handed down a $5 million verdict against Walmart for his lasting pain and loss of quality of life. The evidence included surveillance footage of the spill and demonstrated that Walmart staff had not timely cleaned it up. This case underscores the importance of evidence like videos – many stores have security cameras, and obtaining that footage can make or break a case by showing how long a hazard was present.

Note: Most slip and fall cases settle out of court for confidential amounts. The above are notable because they went to trial and became public. Not every fall will lead to a seven-figure award – outcomes depend on the injury severity, clarity of property owner negligence, and even the venue (some Texas counties yield higher verdicts than others). However, these examples demonstrate that with strong evidence, victims can recover significant compensation to cover medical bills, lost income, and suffering. They also serve as cautionary tales for businesses to maintain safe premises.

(Avoid comparing your potential case directly to any one of these; they’re just examples. A slip-and-fall that causes a minor sprained ankle will be valued very differently from one causing a permanent disability. An experienced attorney can give you a sense of a reasonable range for your claim after evaluating the specifics.)

What to Do Immediately After a Slip and Fall Accident

If you slip and fall in a store, mall, or any public place, your actions in the immediate aftermath can greatly affect your health and your legal case. Here are the steps you should take (as soon as it’s safe to do so):

1. Seek Medical Attention Right Away: Your health comes first. If you are seriously hurt, call 911 or have someone call for you. Even if injuries seem minor, get evaluated by a medical professional as soon as possible (ideally the same day). Some injuries – concussions, internal injuries, or hairline fractures – might not be obvious at first. Prompt treatment not only protects your well-being but also creates a medical record linking the fall to your injuries. Important: Don’t brush it off or “tough it out.” Adrenaline and embarrassment can mask pain; many people realize hours or days later that they’re badly hurt. It’s better to get checked and have it turn out to be minor than to ignore an injury that worsens.
2. Report the Incident to the Property Owner/Manager: Before leaving the scene, notify the store or facility management and insist on filing an accident report. Almost all major retailers have an incident reporting procedure. Make sure they record the details – what happened, where, time, and any obvious hazard (e.g. “water on floor from leaking freezer”). Ask for a copy of the report if possible. Do not sign any statements accepting blame. Keep your comments factual and concise. (For instance, “I stepped in a puddle that had no sign and fell on my side. My hip and elbow hurt.”) Reporting the fall creates an official record. If you don’t report it, later the company might even deny it happened. If you’re in too much pain to report it immediately, try to have someone with you inform management, or return as soon as you can to complete a report.
3. Document the Scene and Hazard: If you can do so safely, gather evidence at the scene. Take photos or video with your phone of what caused you to fall – the spill, uneven floor, broken handrail, ice patch, etc. Include context in the photos (e.g. a wider shot to show location such as “next to aisle 3 endcap” or outside “Entrance B of the mall”). Also photograph any lack of warning signs or barriers. If your clothes got wet or dirty from the fall, keep them as-is (do not wash them) – they could be evidence. Similarly, save the shoes you were wearing, in case the defense tries to claim inappropriate footwear caused the fall; your attorney can use them to show they were reasonable shoes. If there were security cameras, note their location – your lawyer may later request the footage. (Tip: Some surveillance systems overwrite footage quickly, so acting fast to get a copy is key.)
4. Get Witness Information: Look around for anyone who saw you fall or saw the hazard before/after. Fellow shoppers, employees, or bystanders can be crucial witnesses. Get their names and phone numbers if possible. Even a short statement like “Yes, I saw that puddle there for at least 10 minutes” from a neutral witness can greatly support your case. If an employee makes a comment like “I told my boss that floor was slick an hour ago,” make a mental note or jot it down – that’s gold for establishing notice. Witnesses tend to scatter once an incident is over, so try to talk to them immediately. In a mall setting, sometimes security guards may have you fill out forms – still, get independent witness contacts if you can.
5. Limit Your Communication: Aside from reporting the incident, be cautious about what you say. Do not post about the fall on social media (photos of you smiling later that day could be misconstrued, for example). Don’t give a recorded statement to the store’s insurance adjuster without advice – you are not obligated to do so right away. The insurance rep might call you within days, friendly and seemingly concerned, but their goal is often to get you to say something that undermines your claim (like admitting you “weren’t looking down” or that “it’s not too bad now”). It’s usually best to politely decline detailed discussions until you’ve sought legal counsel. Simply say you are focusing on medical care and will provide information later. Do not sign any settlement offers or waivers from the store or insurer early on – once you sign, you likely give up your rights. It’s common for companies to offer a small gift card or payment to cover initial medical visits – resist the temptation until you understand the full extent of your injuries and legal rights.
6. Keep Records of Everything: Preserve any evidence of your damages. Save copies of medical records, bills, prescriptions, and out-of-pocket expenses (like crutches or bandages you buy). Keep a journal of your symptoms and limitations in the days and weeks after the fall – note pain levels, missed work, difficulty with daily activities, etc. These personal notes can help later when describing your pain and suffering. Also, if the hazard gets fixed shortly after (say, the store repairs the flooring the next day), document that if you become aware of it – a quick fix can be viewed as an acknowledgement there was a problem.
7. Consider Consulting a Lawyer: If you suffered anything beyond a very minor injury, it’s wise to at least talk to a personal injury attorney soon after the accident (more on this below). An attorney can guide you on next steps, deal with the insurance company, and ensure crucial evidence (like surveillance video) is preserved through proper legal channels. Most offer free consultations, so you can understand your options with no upfront cost.

By taking these steps, you protect both your health and your potential claim. On the flip side, if you delay action, evidence can literally disappear – spills get cleaned, videos taped over, employees forget conversations. Your case becomes harder to prove with each passing week. So be proactive. The actions you take in the first 24-48 hours after a fall can make a huge difference later if you pursue compensation.

When (and Why) to Hire a Texas Slip and Fall Lawyer

Facing a serious injury from a slip and fall can be overwhelming – you’re dealing with pain, recovery, and mounting bills. Should you handle the claim yourself or hire a lawyer? While not every minor fall requires legal help, in many cases consulting a lawyer is highly beneficial. Here’s when and why you should consider hiring an experienced:

• Significant Injuries or High Medical Bills: If you suffered injuries that required emergency care, hospitalization, surgery, ongoing physical therapy, or caused you to miss work, you have a lot at stake. Serious injuries often lead to complex claims because the compensation needed is substantial. Insurance companies fight harder when large sums are on the line. A lawyer will accurately value your claim (including future medical needs and intangible losses like pain and suffering) and fight for full compensation, not a quick low-ball payout. They also handle the paperwork and negotiations while you focus on healing.
• Disputed Liability (The Store Denies Fault): It’s common for businesses to initially deny any wrongdoing. They might argue they didn’t know about the hazard, or even that you made it up. If you get any sense that the property owner or insurer is pushing back – e.g. refusing to pay your medical bills, claiming you were the only one at fault, or there’s no evidence of the hazard – you should involve a lawyer. An attorney can investigate by obtaining maintenance logs, incident reports, and surveillance footage. They may find proof of negligence that you as an individual wouldn’t be able to get. For example, if the store claims “we had no idea about the spill,” your lawyer can demand to see cleaning records or video that might prove otherwise. Legal discovery forces the other side to turn over information. Without a lawsuit, you won’t have that power.
• Complex Situations or Multiple Parties: Some slip and fall cases are straightforward (you fell in a store, the store is responsible). Others can be complex. Maybe you fell at a shopping mall – the mall owner, a cleaning company, and a retail tenant could all point fingers at each other. Perhaps your fall was in a parking lot shared by several businesses, or on a sidewalk outside a store (is it the city’s responsibility or the store’s?). Maybe a third-party contractor (like a floor waxing service) created the hazard. In such cases, determining the correct liable parties and legal strategy is tricky. A premises liability lawyer will identify all potential defendants (sometimes more than one party is liable, and they can all share responsibility). They’ll also be familiar with any special laws – for instance, if you slipped at a government-owned building or property, the Texas Tort Claims Act imposes different procedures and limits. Bottom line: if it’s not a simple scenario, don’t go it alone.
• Pressure from Insurance Adjusters: Insurance companies handle slip and fall claims for most stores. They have professional adjusters and attorneys on their side from the start. If you’re contacted by an adjuster who quickly offers you money or is asking you to provide a statement, it’s a sign that they are building a case – likely to minimize your claim. An attorney will act as your buffer. Once you have representation, insurers generally must communicate through your lawyer, not directly with you. This prevents you from saying something that could hurt your case. Your lawyer will also recognize a low settlement offer versus a fair one. Many people without counsel accept settlements far below the true value of their claim because they don’t know better. A lawyer’s job is to negotiate with the insurance company using knowledge of past case outcomes and the strength of your evidence.
• Texas’s Statute of Limitations is Running: In Texas, you have two years from the date of your slip and fall to file a lawsuit. This deadline (statute of limitations) is strict – if you miss it, you lose your right to sue, no matter how valid your case. If many months have passed and you’re still not fully compensated, it’s definitely time to get a lawyer involved well before that two-year mark. Ideally, don’t wait that long to seek legal help – building a strong case takes time. But knowing the clock is ticking, a lawyer can ensure your claim is filed in time and preserve your rights.
• Contingency Fee – No Upfront Cost to You: People sometimes hesitate to call a lawyer fearing it’s expensive. In virtually all slip and fall cases, Texas injury lawyers work on a contingency fee, meaning you pay nothing upfront and no hourly fees. The lawyer only gets paid if they recover money for you (usually a percentage of the settlement or verdict). This arrangement allows you to get legal help without any financial risk. It also incentivizes the lawyer to maximize your recovery. During a free consultation, you can learn if you have a strong case and how the attorney would help. If they take your case, they will typically advance all costs of investigating and litigating (like hiring experts, filing fees, etc.), which they recoup from the recovery. If they don’t win, you usually owe nothing. This makes hiring a lawyer a no-brainer in serious cases – you get expertise and advocacy with no out-of-pocket cost while the case is ongoing.

What can a lawyer do that I can’t? Aside from handling the heavy legal lifting and negotiations, a seasoned premises liability lawyer brings knowledge of Texas law and experience with similar cases. They might work with experts like safety engineers or medical specialists to strengthen your claim. They’ll calculate all your damages (including future expenses you might overlook). If the insurer won’t offer a fair settlement, a lawyer can file a lawsuit and take the case to court. Many law firms, like Francis Injury in Fort Worth, have a track record of winning slip and fall cases at trial – which often pressures insurers to settle before trial to avoid a big jury verdict. Essentially, a lawyer evens the playing field between you and corporate defendants.

If your injuries are truly minor and you’re fully recovered (say you had one urgent care visit and a week of soreness), you might decide to negotiate a small settlement on your own. But beware: even seemingly minor injuries can turn into bigger issues (that sore knee might later reveal a ligament tear). It costs nothing to get legal advice, and then you can decide. Remember, the insurance company’s goal is to save money – not to fairly pay you. A free case evaluation with a personal injury attorney will inform you of your rights and the potential value of your claim. If you fell in the Dallas–Fort Worth area, speaking with a local attorney who knows the courts and juries (and perhaps the tactics of the insurer in question) can be invaluable.

In summary, hire a lawyer when you have a lot on the line or when liability is contested. Minor incident with no real loss? You might not need one. But if you’re hurt and facing medical bills or pushback, an attorney can dramatically increase the chances of a successful outcome. Many people feel a sense of relief after handing their case over to a professional – you no longer have to spar with insurance adjusters or worry about legal details. You can focus on healing while your lawyer focuses on securing compensation.

Frequently Asked Questions (FAQ) about Texas Slip and Fall Claims

Q: How long do I have to file a slip and fall lawsuit in Texas?
A: In Texas, the statute of limitations for personal injury, including slip and fall cases, is two years from the date of the accident. That means you must either settle your claim or file a lawsuit within two years. If you miss this deadline, you will likely be barred from pursuing compensation. There are very few exceptions to this rule. It’s wise not to wait until the last minute. Important evidence can fade with time, and preparing a solid case takes effort. In short: sooner is better. Consult an attorney well before the deadline to ensure your rights are protected. (If your injury happened on government property, special notice deadlines much sooner than two years might apply – another reason to get legal advice early.)

Q: What if I was partly at fault for my fall – can I still recover damages?
A: Yes, potentially. Texas law uses a modified comparative fault system (the 51% bar rule). You can still recover compensation as long as you were not more than 50% at fault for the accident. If you bear some blame (for example, you were looking at your phone or wearing less-than-ideal footwear), any award you receive would be reduced by your percentage of fault. For instance, if you’re found 20% at fault and your damages are $10,000, you would receive $8,000 (which is $10k minus 20%). However, if you are 51% or more to blame, you cannot recover anything under Texas law. In practical terms, this means if a hazard was mostly the property owner’s fault, you still have a case – your own small contribution to the accident (like not seeing a hazard that wasn’t obvious) won’t bar you. Don’t automatically assume you were at fault. Let an attorney evaluate it. Often, what might seem like your fault (e.g. not noticing a puddle) still falls on the owner’s negligence (why was that puddle there and unmarked to begin with?). Juries and insurers will assess fault based on all the circumstances. If there’s any argument the owner was chiefly negligent, you can pursue the claim. And even if you do share some blame, partial compensation is better than none. A lawyer’s job in such cases is to minimize your perceived fault and highlight the property owner’s failures.

Q: The store had a “Wet Floor” sign up, but I still slipped – can I sue?
A: Possibly, yes. Warning signs do not automatically shield a business from liability. The presence of a “Wet Floor” sign is certainly a factor – it may make the hazard “open and obvious” (as discussed above) or show they took some precaution. However, the question is whether that warning was adequate and whether the store still acted reasonably under the circumstances. Sometimes signs are placed but the hazard is still unreasonably dangerous. For example, if a sign is placed far from the actual spill, or the floor was extremely slippery (like polished marble with soap residue), simply putting up a sign might not be enough to absolve liability. Also, if employees left a wet floor for an excessive time or created the hazard themselves (mopping and not drying), they can still be negligent. Each case is fact-specific. If you saw the sign and fell anyway, the defense will argue you were warned – but maybe you had no safe way around or the sign wasn’t visible until it was too late. Don’t assume a sign kills your claim. Consult a lawyer to review the details. There have been cases where businesses put out a sign but were still found negligent because the condition was unnecessarily dangerous or not corrected in a timely manner.

Q: What damages can I recover in a slip and fall lawsuit?
A: You can seek compensation for all the ways the injury cost you, financially and personally. This includes medical expenses (hospital bills, doctor visits, medication, physical therapy, future treatment costs), lost income (wages from time off work, or lost earning capacity if you can’t return to your former job), and property damage (for example, if expensive glasses or a watch broke in the fall). Additionally, you can claim non-economic damages for your pain and suffering, mental anguish, and loss of enjoyment of life. If the injury has long-term effects (like a lasting limp or chronic pain), you should be compensated for the reduction in your quality of life. In Texas, punitive damages (to punish egregious wrongdoing) are rare in slip and fall cases – they’d require proving the defendant was grossly negligent or acted with malice (e.g., knowingly refusing to fix a highly dangerous condition). Most cases focus on compensatory damages to make you “whole.” An attorney can help calculate a reasonable value for these damages. Often, pain and suffering is a multiple of your medical bills, adjusted up or down based on severity and permanence of injuries. Every case varies, but be assured you are entitled to recover far more than just your medical bills if the fall caused you significant pain or limitations.

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Slip and fall accidents in commercial settings are frustrating because they’re so preventable with proper care. If you find yourself injured after a day at the mall or a trip to the store, remember that Texas law protects customers who are hurt due to a business’s negligence. By understanding your rights and taking the appropriate steps, you can hold the property owner accountable and recover the compensation you need to get back on your feet.

When in doubt, reach out to professionals who deal with these cases daily. Premises liability law can be complex, but you don’t have to navigate it alone. A knowledgeable attorney can answer your questions, investigate the incident, and advocate on your behalf to insurance companies or in court.

Don’t let a slip and fall derail your life without a fight. You deserve to shop and walk without dangerous conditions underfoot. If a property owner in Dallas–Fort Worth failed in that basic duty and you got hurt, taking action not only helps you recover your losses – it also encourages safer environments for everyone. Stay safe and know that help is available if you need it.

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