What Must Be Proven in a Texas Slip & Fall Claim
A fall alone doesn’t establish liability. A premises liability claim generally requires evidence that a dangerous property condition posed an unreasonable risk of harm, the owner or occupier knew or reasonably should have known about it, and the responsible party failed to use reasonable care to reduce or eliminate the risk. That failure must also have caused an injury and resulting damages.
An invitee generally enters property with the owner’s knowledge and for a mutual benefit, such as a customer entering a store. Actual knowledge means the responsible party knew about the hazard. Constructive knowledge may exist when a hazard remained long enough that a reasonable inspection should have discovered it.
Premises liability focuses on the state of the property and the defendant’s control or knowledge. Ordinary negligence may apply when an ongoing activity, rather than a static property hazard, causes an injury. We examine how the fall happened before determining which legal theory may apply.
Evidence That Can Strengthen an Austin Slip & Fall Claim
Responsibility often depends on exactly where the fall occurred and who controlled that location. Austin identifies roads, alleys, sidewalks, and multi-use trails as public rights-of-way, but maintenance responsibility depends on the infrastructure and hazard involved. Property owners are typically responsible for driveways, private vegetation, and certain obstructions extending toward a street or alley. A public sidewalk incident and a fall on private property may involve different parties and duties.
Evidence that may establish the hazard, notice, and control includes:
- Scene documentation: Photographs or video of the hazard, surrounding area, lighting, warning signs, footwear, and visible injuries.
- Property records: Inspection logs, cleaning schedules, maintenance requests, prior complaints, repair records, and relevant measurements.
- Incident information: An incident report, witness contact details, receipts, and communications with the owner or manager.
- Recorded material: Surveillance footage, employee photographs, and relevant electronic messages.
- Injury documentation: Medical records, bills, work restrictions, wage records, and rehabilitation information.
What to Do After a Slip & Fall Accident
Prioritize your health, then document the incident as soon as your circumstances allow:
- Seek medical attention and follow your treating provider’s instructions.
- Report the fall to the property owner, manager, or responsible authority, and request a copy of the incident report.
- Photograph the hazard, surrounding area, visible injuries, damaged belongings, and footwear.
- Collect witnesses’ names and contact information.
- Preserve receipts, medical records, messages, and communications from insurers or property representatives.
- Avoid signing a release, accepting a settlement, or giving a recorded statement before understanding how it may affect your claim.
Damages & Comparative Responsibility in Texas
A claim may account for medical bills, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, and disfigurement when supported by the evidence. Available damages depend on the injuries, documentation, applicable legal theories, and parties found responsible.
Texas uses proportionate responsibility, which assigns each party a percentage of fault. Under the Texas Civil Practice and Remedies Code, a claimant’s recovery may be reduced by their percentage of responsibility and is generally barred when that percentage exceeds 50 percent. Insurers may dispute warnings, visibility, footwear, attention, or other details, so we evaluate those issues alongside the property owner’s conduct.
How Long Do You Have to File a Texas Claim?
Texas Civil Practice and Remedies Code section 16.003 generally allows two years from the date a personal injury claim accrues to file suit. Exceptions and additional notice requirements may apply, particularly when a government entity is involved, so the general deadline may not resolve every timing issue.
Prompt review can also protect evidence. Surveillance footage may be overwritten, hazards may be repaired, and maintenance or inspection records can become harder to obtain. We assess potential notice issues, investigate responsible parties, and identify deadlines that may govern the claim.
Request a Review of Your Austin Slip & Fall Claim
A free consultation gives you an opportunity to discuss where the fall happened, what caused it, the treatment you’ve received, and the evidence you have. We can evaluate whether the facts may support a premises liability claim and explain practical next steps.
Cofer & Connelly, PLLC offers virtual consultations. We represent personal injury clients throughout Texas and tailor our approach to each client’s circumstances and goals.
