Slip and Fall Cases in Texas Can Be Challenging
The Texas Slip and Fall Lawyers at the Adley Law Firm are here to help.
Many Texans who suffer injuries in slip-and-fall accidents wonder if they have a valid case, whether they should hire a personal injury lawyer, and if they can file a lawsuit to seek compensation. The reality is that slip and fall claims can be challenging to win because you must prove the property owner was negligent – which isn’t easy without solid evidence. However, with the right legal help, you can greatly improve your chances of securing fair compensation for your injuries. At Adley Law Firm, our team serves clients across Texas, offering free consultations and working on a contingency fee basis (you pay nothing unless we win). Our attorneys are also fully bilingual, so language is never a barrier in getting the help you need. Contact us today for a free consultation to discuss your slip and fall case and let us help you pursue the justice you deserve.
Proving Negligence in a Slip and Fall Case
To have a successful slip and fall injury claim in Texas, you will need to prove that the property owner or occupier was negligent in allowing a dangerous condition on their premises. Under Texas premises liability law, property owners (whether it’s a grocery store, restaurant, apartment complex, or any other business) have a legal duty to keep their property reasonably safe for visitors. Essentially, you must show that the owner knew or reasonably should have known about the hazardous condition that caused your fall and failed to fix the problem or provide an adequate warning. For example, if you slipped on a wet floor in a supermarket, you would need to prove that the spill was present long enough that staff should have noticed and cleaned it, or that the store had no wet floor signs to warn customers.
Evidence is the key to proving negligence in a slip and fall case. Right after your accident, if possible, take photos of what caused you to fall (such as the spilled liquid, broken step, or icy sidewalk) and get the contact information of any witnesses who saw what happened. Incident reports, maintenance logs, and even security camera footage can also serve as crucial evidence. Be prepared for the property owner (or their insurance company) to deny wrongdoing – it’s common for them to argue they weren’t aware of the hazard or to claim the danger was “open and obvious,” suggesting you should have avoided it. This is why slip and fall cases have a reputation for being difficult. But don’t be discouraged: with a knowledgeable Texas slip and fall attorney gathering evidence and advocating for you, you can build a strong case to overcome these challenges.
Common Places Where Slip and Fall Accidents Occur
Slip and fall accidents can happen anywhere in Texas, indoors or outdoors, in big cities or small towns. Whether your fall happened in a Houston supermarket, a Dallas shopping mall, on a sidewalk in Laredo, or any other locale, property owners across Texas have a duty to maintain safe premises. Some of the most common places where these accidents occur include:
- Grocery stores and shopping centers: These businesses see a lot of foot traffic, and slip hazards are common. Wet floors from spills or mopping, items dropped on the floor, or uneven flooring can cause customers to fall. For example, a supermarket like H-E-B or Walmart might have a spill in an aisle, or a retail store could have a fallen product creating a trip hazard. Store owners and employees must promptly address such dangers to keep shoppers safe.
- Restaurants and bars: Spilled drinks, food, or grease on the floor can make restaurant surfaces dangerously slick. Busy establishments might also have cluttered walkways (think of a bar with dim lighting and chairs/stools that stick out). Restaurant owners in Texas must ensure their dining areas, kitchens, and bathrooms remain hazard-free for patrons.
- Sidewalks, parking lots, and public spaces: Outdoor slip/trip hazards are also common. Cracked or uneven sidewalks, potholes in parking lots, and accumulations of ice or standing water can all lead to falls. For instance, a poorly maintained sidewalk or a dark, pothole-filled parking lot can easily cause a serious fall and injury. Depending on who is responsible for the area (a business, a private owner, or a city), different parties could be liable if they knew about such hazards and did nothing.
What to Do After a Slip and Fall Accident
In the aftermath of a slip and fall, it’s normal to feel shaken and unsure of what to do next. Taking the right steps can protect your health and strengthen any future legal claim. Here are some important steps to take after a slip and fall accident in Texas:
- Seek medical attention immediately. Your health is the top priority. If you’re seriously hurt, call 911 or get someone to call for you. Even if your injuries seem minor, see a doctor as soon as possible. A medical professional can check for hidden injuries (like a concussion or internal injury) and create a record of your injuries. Prompt treatment also links your injuries to the accident, which is useful evidence later on.
- Report the incident. Notify the property owner or manager about your fall right away. If you slipped in a store or business, ensure they create an incident report documenting what happened. For falls on private property, inform the homeowner or person in charge. Reporting the accident immediately creates an official record and puts the owner on notice of the hazard.
- Document the scene and gather evidence. If you are able (or ask someone for help), take photos or video of the exact spot where you fell and whatever caused your fall. Capture details like a wet floor, spilled product, broken step, or any other hazard. Also photograph any visible injuries (bruises, cuts, etc.). Get contact information for witnesses who saw you fall or noticed the dangerous condition. These pieces of evidence can be invaluable when proving your claim. Also, if your clothes or shoes got wet or dirty from the fall, keep those items unwashed; they could later serve as evidence of the hazard (for example, showing the substance you slipped on).
- Be cautious with insurance adjusters and social media. If the property owner’s insurance company contacts you, do not give a recorded statement or sign any settlement offer before consulting an attorney. Insurance adjusters may try to get you to say things that hurt your claim or offer a quick, low settlement. Similarly, avoid posting about the accident or your injuries on social media, as those posts can be used against you.
- Consult a slip and fall injury lawyer. As soon as possible, reach out to an experienced Texas slip and fall attorney. Most offer free consultations and can advise you of your rights and options. An attorney will help protect your interests, handle communications with the insurance company, and guide you on the next steps. There are also strict time limits (deadlines to file a lawsuit) in Texas, so getting legal advice early ensures you don’t miss your window to seek compensation.
Texas Laws That Can Affect Your Slip and Fall Claim
Statute of Limitations (Deadline to File)
One crucial law to know is the statute of limitations, which is the deadline for filing a lawsuit. In Texas, you generally have two years from the date of your slip and fall accident to file a personal injury lawsuit. If you miss this two-year window, you will likely be barred from filing your claim altogether. In other words, if you try to sue after the deadline, the court will almost certainly dismiss your case and you’ll lose your chance to seek a settlement. Two years might sound like plenty of time, but building a case takes time and evidence can disappear over months. That’s why it’s important to consult a lawyer as soon as you can after your fall. An attorney will ensure your claim is filed on time and help preserve critical evidence before it’s lost.
Comparative Fault (The 51% Rule)
Another important factor is how Texas handles situations where more than one party may be at fault for an accident. Texas follows a modified comparative fault rule, often referred to as the “51% Bar Rule”. This law means that you can still recover damages in a slip and fall claim as long as you were not more than 50% at fault for the accident. However, any share of the blame assigned to you will reduce your compensation proportionally. For example, if a jury finds that your own carelessness (say, you were looking at your phone when you fell) made you 20% responsible for the accident and the property owner 80% responsible, then you could still recover money – but your total award would be cut by 20%. In that scenario, a $10,000 verdict would be reduced to $8,000. On the other hand, if you are found to be 51% or more at fault, you cannot recover anything under Texas law.
Comparative fault can often come up when determining fault for a trip and fall accident. The property owner’s insurer might argue that you were careless or “should have noticed” the hazard. However, being partially at fault does not automatically prevent you from recovering compensation in Texas unless your share of fault exceeds 50%. An experienced attorney will gather evidence to counter unfair blame and keep the focus on the property owner’s negligence.
Compensation and Settlements in Slip and Fall Cases
A slip and fall injury can create a serious financial burden, but if your accident was due to a property owner’s negligence, you have the right to seek monetary compensation (known as “damages”). Depending on the specifics of your case, you may be entitled to compensation for a variety of losses, such as:
- Medical expenses: All medical costs related to your injury, from emergency room visits and hospital bills to follow-up doctor appointments, medications, and rehabilitation or physical therapy. You should also account for any future treatment you might need.
- Lost wages and earning capacity: Income you lost because you couldn’t work while recovering. If your injuries affect your ability to work in the future or force you to take a lower-paying job, you might also claim loss of future earning capacity.
- Pain and suffering: Compensation for the physical pain and discomfort you endured, as well as any emotional distress or mental anguish caused by the accident. Severe injuries that lead to long-term pain, scarring, or anxiety can increase this amount.
- Permanent injury or disability: If the slip and fall caused a lasting impairment (for example, a permanent mobility issue or visible scarring), you may recover damages for the impact on your quality of life, such as loss of enjoyment of activities or the psychological effects of disfigurement.
Most slip and fall cases in Texas are resolved through settlements with the property owner’s insurance company rather than a trial. Settlement amounts can vary widely because every case is unique. There’s no simple “average” value for a slip and fall claim. A minor slip and fall with relatively minor injuries might settle for only a few thousand dollars, whereas a case involving severe injuries (for example, a broken hip requiring surgery or a serious head injury) could result in a settlement or verdict well into the five or six figures. Factors that influence the value include the severity of your injuries, the clarity of the property owner’s liability, and the limits of any applicable insurance policy.
How Adley Law Firm Can Help with Your Slip and Fall Case
Pursuing a slip and fall claim on your own can be overwhelming, especially when you’re trying to recover from injuries. This is where an experienced law firm can make a world of difference. At Adley Law Firm, we strive to level the playing field for slip and fall victims. Here’s what our team offers to help maximize your chances of a successful outcome:
- Thorough investigation and evidence preservation: We act quickly to investigate your accident. Our attorneys (and investigators) will visit the scene, take photographs or obtain surveillance video, and gather any available evidence before it disappears. By preserving key evidence, we build a strong foundation for your claim.
- Handling the insurance company: You won’t have to worry about dealing with insurance adjusters or saying the wrong thing. We handle all communication with the insurance company so they can’t twist your words. Our team is familiar with the tactics insurers use to deny claims or minimize payouts, and we won’t let them unfairly blame you or downplay your injuries. Our goal is to negotiate a fair settlement that fully reflects your losses.
- Expertise in Texas premises liability law: Slip and fall cases involve specific legal standards, and our Texas personal injury lawyers understand the nuances of these laws. We ensure that your case meets all legal requirements and deadlines (like the two-year filing limit). We also anticipate common defenses that property owners use and counter them with solid evidence and legal arguments. By knowing the ins and outs of Texas law, we position your case for the best possible outcome.
- No upfront costs (contingency fee basis): After an injury, the last thing you need is added financial stress. Adley Law Firm works on a contingency fee basis – you pay nothing upfront and no attorney’s fee at all unless we win compensation for you. The initial consultation is free, so it costs you nothing to speak with us about your case. This way, you can get quality legal representation with no financial risk.
- Client-focused, bilingual support: When you become our client, you’ll be kept informed at every step, and we answer your questions in plain English or Spanish (our staff is fully bilingual). We treat our clients like family, understanding that this is a stressful time, and we strive to make the legal process as smooth as possible. If you feel more comfortable speaking Spanish, we can completely accommodate that.
With decades of experience in personal injury cases, our team has successfully helped countless Texans recover the compensation they deserve. By choosing Adley Law Firm, you get compassionate yet tenacious advocates who will fight for your rights and guide you through the legal process from start to finish. Our goal is to take the burden off you and pursue the maximum compensation possible for your slip and fall injuries.
Contact Adley Law Firm for a Free Consultation
Were you or a loved one injured in a slip and fall accident in Texas? Don’t wait to get the legal help you need. The sooner you act, the better. Evidence can fade over time, and there are strict deadlines for filing a claim. Our Houston-based slip and fall lawyers are ready to listen to your story and explain your options. Contact Adley Law Firm today for a free, no-obligation consultation about your case. We’re available 24/7 to take your call, and you can also reach out through our website. Remember, you pay nothing upfront and absolutely no legal fees unless we win your case – that’s our contingency promise. Se habla español. Let us handle the legal burdens while you focus on recovery. We’re here to help you seek the justice and compensation you deserve after your slip and fall accident.