Premises Liability and Slip and Fall FAQ

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Texas, property owners have a legal duty to maintain their property in a reasonably safe condition and to warn visitors of known hazards. The level of duty owed depends on the status of the visitor, whether they are an invitee (such as a customer), a licensee (such as a social guest), or a trespasser. When a property owner fails to meet this duty and someone is injured as a result, the injured person may have a valid premises liability claim. Our attorneys can evaluate the conditions that led to your injury and pursue compensation on your behalf.

After a slip and fall accident, report the incident to the property owner or manager immediately and ask that an incident report be created. Take photographs of the hazardous condition that caused your fall, including wet floors, uneven surfaces, poor lighting, or any other dangerous conditions. Get the names and contact information of any witnesses who saw what happened. Seek medical attention right away, as some injuries may not be immediately apparent. Keep your clothing and shoes from the day of the accident as they may serve as evidence. Then contact a personal injury attorney to discuss your legal options. Our team can help you build a strong case from the very beginning.

In Texas, the duty a property owner owes visitors depends on the visitor's classification. Invitees, such as customers in a store, are owed the highest duty of care. The property owner must inspect the premises for hazards, repair dangerous conditions, and warn of any dangers that are not obvious. Licensees, such as social guests, are owed a duty to warn of known hazards that are not readily apparent. Even trespassers are owed some protections, particularly children under the attractive nuisance doctrine. When a property owner breaches any of these duties and an injury results, the injured person may be entitled to compensation. Contact our firm to discuss what duty of care was owed to you.

To prove negligence in a premises liability case in Texas, you must establish four elements. First, you must show that the property owner owed you a duty of care based on your status as a visitor. Second, you must demonstrate that the property owner breached that duty by failing to maintain safe conditions or warn of hazards. Third, you must prove that the breach of duty directly caused your injury. Fourth, you must show that you suffered actual damages such as medical bills, lost wages, or pain and suffering. Evidence such as surveillance footage, maintenance logs, witness testimony, and photographs of the hazard can be critical to proving your case. Our attorneys know exactly what evidence to gather and how to build a winning claim.

Yes, you can sue a business if you slip and fall on their property, provided the business knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn you. Businesses owe their customers the highest duty of care because customers are classified as invitees under Texas law. Common examples include wet floors without warning signs, torn or uneven carpeting, poorly lit parking lots, icy sidewalks that have not been treated, and cluttered aisles. If you were injured in a slip and fall at a business, our attorneys can investigate the circumstances, gather surveillance footage, and hold the business accountable for your injuries.