Premises Liability: Understanding Slip, Trip and Fall Injuries in Texas

Slip, trip and fall injuries are the most frequent types of premises liability cases in Texas, affecting thousands of shoppers, workers, consumers and their families each year. Whether in a grocery store, restaurant, office building, apartment complex, or at work, unexpected hazards such as wet floors, uneven surfaces, loose carpeting, poor lighting or tripping obstacles can lead to serious injury.

Understanding the legal framework governing these cases is key to securing justice, accountability and compensation for the harm caused by a property owner’s negligence.  Without victims stepping up and being heard, these types of dangerous premises rarely get repaired and contribute to more accidents.  For help after a slip and fall accident in southeast Texas or statewide, contact the Gilbert Adams Law Offices in Beaumont to speak with an experienced and successful Texas premises liability lawyer.

The Legal Duty: Who Owes What and to Whom?

Under Texas law, property owners, managers and operators owe a duty of reasonable care to their patrons, customers and visitors. How strictly this duty is applied depends on the legal status of the injured. Invitees, such as shoppers or customers, benefit from the highest level of protection. For invitees, property owners and operators owe a duty to inspect and discover any dangers, make the premises safe by correcting hazards and provide warnings such as safety cones or barricades. Licensees, like guests or social visitors, are owed the same duties, but only as to dangers that are actually known to those in control of the premises. Trespassers, by contrast, receive very limited protection.

Proving a Trip, Slip or Fall Claim: What You Must Establish

To win a premises liability case in Texas, a plaintiff must establish four key elements: the owner owed a duty of care, they breached that duty, the breach caused the injury, and damages were sustained. This usually means showing the premises was dangerous, such as a wet floor, uneven walking surface, or hidden danger, that presented an unreasonable risk of injury or harm. Additionally, it must be shown that the owner or operator knew or should reasonably have known about the hazard, either through direct knowledge or because it persisted long enough to have been discovered by a reasonable property owner, and failed to make the premises safe or warn.

Texas also draws a legal distinction between a dangerous condition existing on the property (a “premises defect”) versus injury caused by an ongoing activity, such as simultaneously mopping without “wet floor” signage, which may involve a different legal standard and burden of proof.

Evidence: Why Prompt Action Matters

Evidence is the cornerstone of any slip and fall lawsuit. Taking photos at the scene, gathering names and contact information from witnesses or employees, and obtaining copies of incident reports or video footage can make or break a case. Prompt medical documentation of injuries is equally critical. If the property owner or staff took no immediate action to remedy or warn of the hazard, those details can help establish liability.  Remember, you should never give a recorded statement to the insurance company.

Compensation: What Can Victims Recover?

Texas law provides injury victims a range of economic and non-economic damages, including medical bills, lost wages and income, pain and suffering, mental grief and anguish, reduced quality of life, and potentially others. Severe injuries like fractures, head or brain trauma, or spinal damage often result in higher recoveries. While average awards in less severe accidents might range from tens of thousands of dollars, catastrophic cases can yield significantly higher recoveries, even into the millions, depending on the nature and extent of injuries.

Texas follows a modified comparative negligence rule, which can affect financial recovery. This means that your damages may be reduced by any finding of comparative or contributory negligence. On the other hand, if the Jury finds the injured party is more than 50% at fault, the Defendant is not liable regardless of the amount of the damages.  Important to note is that Texas prohibits you from informing the jury of the effect of such a finding.

Time Is of the Essence: Statute of Limitations

Collection and preservation of evidence is of critical importance.  Texas law generally gives slip and fall claimants two years from the date of the accident to file a lawsuit. Waiting too long can result in forfeiting your right to compensation entirely. Although exceptions exist, such as for minors, the applicable deadline is strictly enforced. Acting quickly is also a critical factor in getting the best result. It’s advisable to consult an attorney as soon as possible to preserve your rights.

Common Pitfalls and Legal Defenses

Property owners and their insurers commonly raise defenses involving lack of notice—the claim that they didn’t know about the danger —or argue that the condition was “open and obvious,” meaning you should have noticed and avoided it. They may also challenge causation by arguing that your fall was unrelated to the danger, or they may dispute the severity of the injury.

Texas courts also scrutinize the nature of responsibility.  For instance, injuries arising from a negligent activity (e.g., an employee mopping without signage) have different legal standards than those where there is no contemporaneous activity, such as broken floor tiles.

When to Seek Legal Help

Even seemingly straightforward falls can involve complicated legal issues. Identifying potential defendants like property owners, lessees, contractors, or maintenance companies and proving liability requires experience. Attorneys experienced in these types of cases can handle all necessary activities with expertise, including gathering evidence, consulting experts if needed, and negotiating with insurers or presenting your case to a jury where the Defendant fails to make a fair settlement offer.

Having a knowledgeable premises liability lawyer makes a significant difference in not only your chances of success, but also the amount of any recovery.

Contact a Texas Premises Liability Attorney Today

By understanding these legal fundamentals and acting quickly after an incident, injured parties increase their chances of recovering fair compensation. For over 95 years, Gilbert Adams Law Offices has provided experienced, compassionate representation and support for slip, tripand fall victims, offering free consultations and contingency fee representation, so you don’t pay unless we win your case. Contact us today.