Slip and Fall Cases in Texas Can Be Challenging
Houston-Based Fall Lawyers Serving All of Texas
Many Texans who suffer injuries from a slip and fall accident wonder if these cases are hard to win. The truth is, slip and fall claims can be challenging to prove because you must show that a property owner was negligent – not an easy task without solid evidence. However, with the right legal help, you can win fair compensation for your injuries. At Adley Law Firm, our Houston-based team serves clients across Texas, offering free consultations and working on contingency (you pay nothing unless we win). Our attorneys are also fully bilingual (se habla español), so language is never a barrier. 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
Winning a slip and fall case in Houston and throughout Texas comes down to proving the property owner was negligent. In simple terms, property owners (whether it’s a grocery store, restaurant, apartment complex, or any other business) have a legal duty to keep their premises reasonably safe. To win your case, you (the injured person) must show that the owner knew or should have known about the dangerous condition that caused your fall and failed to fix it or warn you about it. For example, if you slipped on a wet floor, you’d need to prove the floor was wet long enough that the staff should have cleaned it, or perhaps they ignored the spill altogether.
Gathering evidence is critical here. This can include photos of the hazard (e.g. the spilled liquid or broken step), incident reports, maintenance records, or even security camera footage if available. Witnesses can also make a big difference – someone who saw you fall or noticed the hazard before your accident can back up your story. Proving negligence isn’t always straightforward; property owners and their insurance companies often deny wrongdoing. They might argue that they had no idea about the hazard or even claim that the danger was obvious and you should have avoided it. This is why slip and fall cases have a reputation for being tough to win. But don’t be discouraged – with experienced legal representation, you can build a strong case to overcome these challenges.
Texas Laws That Can Affect Your Case
Texas has a couple of important laws that play a big role in slip and fall claims. Knowing these rules will help you understand your case and why acting quickly is so important.
Two-Year Statute of Limitations
In Texas, you generally have two years from the date of your slip and fall accident to file a lawsuit. This law, known as the statute of limitations, is strict – if you try to file a claim after two years, the court will likely dismiss your case. In other words, missing this deadline means losing your chance to seek compensation for your injuries. Two years might sound like a long time, but it can pass quickly, especially when you’re dealing with medical appointments and recovery. That’s why it’s critical to consult with a lawyer soon after your accident. An attorney will ensure your claim is filed on time and preserve important evidence before it disappears (for instance, surveillance footage might be erased or conditions at the scene might change).
Comparative Fault (The 51% Rule)
Texas follows a modified comparative fault rule (sometimes called the “51% Bar Rule”) when it comes to personal injury cases, including slip and falls. Under Texas law, if you are found to be more than 50% at fault for your own accident, you cannot recover any damages. If you are 50% or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault. For example, imagine you were texting on your phone when you slipped on a wet floor. A court might find you 20% responsible because you weren’t paying full attention, but the store is 80% responsible for not cleaning up the spill. In that scenario, you could still win money, but an award of $10,000 would be reduced by 20% (your share of fault) to $8,000. However, if you were found 51% at fault, you’d get nothing. Don’t let this scare you away from filing a claim – an experienced Texas slip and fall attorney will work to counter any unfair blame the other side tries to put on you.
How Adley Law Firm Can Help You Win Your Slip and Fall Case
Facing a slip and fall claim on your own can be overwhelming, but you don’t have to go it alone. Adley Law Firm is here to level the playing field for you. As a Houston-based personal injury firm serving all of Texas, we know the ins and outs of Texas law and have handled many slip and fall cases successfully. Here’s how we help:
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Investigation & Evidence Gathering: We will promptly investigate your accident – visiting the scene, securing photos or video evidence, and interviewing witnesses. Our team knows what to look for to prove a property owner’s negligence (for instance, lack of wet floor signs or a history of safety violations). We also make sure all critical evidence is preserved and documented before it can be lost or destroyed.
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Dealing with Insurance: Slip and fall cases often involve battling insurance companies that might try to deny your claim or offer a lowball settlement. Our attorneys are skilled negotiators who deal with insurers every day. We won’t let an adjuster blame you unfairly or downplay your injuries. We’ll handle all communication with the insurance company so you can focus on healing.
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Expertise in Texas Injury Law: From knowing the two-year filing deadline to navigating the comparative fault issues, we ensure that your case meets all legal requirements. Our knowledge of Texas premises liability law means we can counter common defenses property owners use. We build a compelling case that shows why the owner was at fault and why you deserve compensation for your medical bills, lost wages, pain and suffering, and more.
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No Upfront Costs: We understand that after an injury, finances can be tight. That’s why Adley Law Firm works on a contingency fee basis – you pay nothing upfront and no attorney fees at all unless we win compensation for you. This way, you can get quality legal representation with zero financial risk. Additionally, we provide free initial consultations, so it costs nothing to speak with us about your situation.
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Client-Focused Service (Bilingual Support): Our firm prides itself on treating clients like family. We keep you informed at every step and answer any questions you have in plain English (or Spanish – our staff is fully bilingual). We know dealing with a legal case can be intimidating, especially if English isn’t your first language, so we make sure language is never a barrier. You’ll be comfortable discussing your case with us, and we’ll make sure you understand all your options.
By choosing Adley Law Firm, you get experienced 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 you deserve for your injuries.
Don’t Wait – Get a Free Consultation Today
A slip and fall accident can turn your life upside down in an instant. When you’re injured due to a property owner’s negligence, you have the right to seek compensation, but the clock is ticking. Don’t wait until evidence fades or the legal deadline passes. Call Adley Law Firm today at (713) 999-8669 for a free consultation, or reach out through our website to discuss your case with our team. Let our Houston-based attorneys (fully bilingual in English and Spanish) help you protect your rights and pursue the justice and compensation you deserve. We’re ready to stand by your side and fight for you – you don’t pay a dime unless we win your case. Contact us now and take the first step toward recovering from your slip and fall accident.
