A slip and fall accident can happen in an instant — a wet floor with no warning sign, a broken step, poor lighting in a stairwell, or a cluttered walkway. What seems like a minor stumble can result in serious injuries: broken bones, herniated discs, or traumatic brain injuries. When a property owner’s negligence causes your fall, Texas law allows you to pursue compensation.
At Manuel Diaz Law Firm, our slip and fall attorneys in Dallas investigate what caused your accident and hold negligent property owners accountable for the harm they cause.
What Is Premises Liability in Texas?
Premises liability is the legal theory that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. To win a premises liability case, you generally must show that the property owner knew or should have known about a dangerous condition and failed to fix it or warn visitors.
Duty Owed Based on Visitor Status
Texas law determines the property owner’s duty of care based on the legal status of the visitor:
- Invitees: Customers, tenants, and others invited onto the property for business purposes are owed the highest duty of care — the owner must inspect for and correct or warn of dangerous conditions.
- Licensees: Social guests are owed a duty to warn of known dangers that are not obvious.
- Trespassers: Property owners generally owe only a duty not to intentionally injure trespassers, with limited exceptions for children (attractive nuisance doctrine).
Common Causes of Slip and Fall Accidents
- Wet or recently mopped floors without warning signs
- Spilled liquids or food left unattended
- Uneven, cracked, or damaged flooring and sidewalks
- Poor lighting in stairwells, parking lots, or hallways
- Loose mats, rugs, or carpeting
- Cluttered aisles or walkways
- Broken or missing handrails on stairs
- Ice or snow accumulation left untreated
Proving a Slip and Fall Case in Texas
Establishing the Property Owner’s Knowledge
You must generally prove that the property owner had actual knowledge of the dangerous condition, or that the condition existed long enough that the owner should have discovered it through reasonable inspection (constructive knowledge). Evidence such as maintenance logs, prior complaints, and surveillance footage can be critical.
Comparative Fault Considerations
Texas follows a 51% modified comparative fault rule. If you are found partially at fault for the accident — for example, if you were distracted by your phone — your compensation will be reduced by your percentage of fault, and you cannot recover if you are found more than 51% at fault.
What to Do After a Slip and Fall Accident
Report the Incident
Report the fall to the property manager, owner, or store personnel immediately, and request a written incident report.
Document the Scene
Take photographs of the hazard that caused your fall, your injuries, and the surrounding area before conditions change. Get contact information from any witnesses.
Seek Medical Attention
See a doctor promptly, even if your injuries seem minor. Medical documentation is essential both for your health and for your legal claim.
Avoid Giving Recorded Statements
Do not give a recorded statement to the property owner’s insurance company before speaking with an attorney — insurers often use these statements to minimize claims.
Compensation Available in a Texas Slip and Fall Case
- Medical expenses, current and future
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement, when applicable
Frequently Asked Questions About Slip and Fall Accidents in Texas
How long do I have to file a slip and fall claim in Texas?
You generally have 2 years from the date of the accident to file a personal injury lawsuit in Texas. If the property is owned by a government entity, shorter notice deadlines may apply, so it is important to act quickly.
What if there was no warning sign for a wet floor?
The absence of a warning sign can be strong evidence that the property owner failed to meet their duty of care, particularly if they knew or should have known about the hazard.
Can I still recover compensation if I was partially at fault?
Yes, as long as you are not found more than 51% at fault under Texas’s modified comparative fault rule. Your compensation will be reduced by your percentage of fault.
What if my fall happened at a business versus a private home?
Both business owners and homeowners can be held liable under premises liability law, though the specific duty owed can vary depending on your legal status as a visitor.
How much is my slip and fall case worth?
The value depends on the severity of your injuries, your medical expenses, lost income, and the strength of the evidence showing the property owner’s negligence. We offer a free case evaluation to help you understand what your claim may be worth.
Contact a Slip and Fall Lawyer in Dallas Today
At Manuel Diaz Law Firm, our Dallas slip and fall attorneys investigate the cause of your accident, gather critical evidence, and fight to hold negligent property owners accountable. We work on a contingency fee basis — you pay nothing unless we win.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Dallas County, Tarrant County, Denton County, and all of North Texas
