Texas premises liability law requires property owners to keep their premises reasonably safe, yet preventable accidents happen every day. Pursuing a claim helps hold a negligent property owner accountable for the hazardous condition that caused your injury. An experienced Texas slip and fall lawyer can help you uncover and organize the facts of your case.
Let DFW Injury Lawyers handle the legal complexities so you can dedicate your energy to getting your life back on track. Contact our team at (972) 440-2320 to discuss your situation for free.
Why Choose DFW Injury Lawyers for Your Claim
At DFW Injury Lawyers, we’re committed to providing focused and effective representation. We believe in direct communication and a disciplined approach to every case we handle. You need an advocate who can bring order to the chaos and manage your legal claim while you focus on healing.
Our job is to clarify your rights and options, empowering you to make informed decisions.
DFW Roots With a State-Wide Reach
Our attorneys' roots are firmly planted in the Dallas-Fort Worth metroplex. We’re deeply familiar with the communities from Oak Cliff to Arlington and commercial hubs like NorthPark Center. While this local knowledge provides a distinct advantage in North Texas cases, our firm’s reach extends across the state.
We have the resources and connections to serve clients throughout the Lone Star State. We apply our disciplined approach to help clients throughout Texas, whether your injury happened in Tyler, Lubbock, or McAllen.
A Disciplined Approach
We act swiftly to secure and preserve the evidence that forms the bedrock of a slip and fall claim. This may involve dispatching investigators to the accident scene, obtaining surveillance footage before it’s deleted, and documenting the dangerous condition that caused your fall.
We hunt down and interview witnesses while their memories are fresh and work with experts when needed to establish how the hazardous condition occurred and why the property owner is responsible.
A Focus on Clear Communication
We make sure you always know the status of your case. Our team will explain the legal proceedings in plain language, not confusing jargon. You receive regular updates and your calls get returned promptly. We believe a strong attorney-client relationship is built on trust and transparency.
Our goal is to unfog the legal process and provide you with the information you need, every step of the way. DFW Injury Lawyers today to learn more during a free consultation at (972) 440-2320.
Proving Negligence in a Texas Premises Liability Case
At the heart of any slip and fall case is the need to prove the property owner's negligence. This requires demonstrating more than simply having fallen and sustained an injury on their premises.
Your Texas premises liability lawyer must show that they failed to uphold their duty of care. An experienced attorney helps you build a case that meets the legal standard for negligence in Texas.
To establish negligence, your lawyer typically must prove one of the following:
- Creation of Hazard: The property owner or their employee directly created the dangerous condition that caused your fall.
- Knowledge of Hazard: The property owner or their employee knew about the unsafe condition but did nothing to correct it or warn visitors.
- Constructive Knowledge: The dangerous condition existed for a long enough time that a reasonably careful property owner should have discovered it and taken action to fix it or provide a warning.
The Evidence That Shapes Your Texas Premises Liability Case
A successful slip and fall claim needs to be supported by solid evidence. The more information you can gather, the better your attorney can define the property owner's liability.
From the moment the accident happens, documenting everything (like photographing your injuries and keeping medical bills) is a priority. Your attorney uses this initial evidence to build a comprehensive legal strategy designed to secure a positive result.
We build your case by gathering the rest of the necessary evidence and presenting it in a clear, compelling way. Our team works to hold property owners accountable when their failure to maintain a safe environment results in harm.
Some of the most valuable pieces of evidence include:
- Incident Reports: An official report filed with the store or property manager records when and where the fall occurred.
- Photos and Videos: Visual proof of the hazard that caused your fall, such as a wet floor without a warning sign or a broken piece of pavement, is compelling.
- Witness Information: The contact details of anyone who saw your fall or the conditions that led to it may provide crucial testimony.
- Medical Records: A complete file of all your medical treatments, diagnoses, and bills directly links your injuries to the accident.
- Pay Stubs: Documentation of your lost income helps prove your damages related to time off work.
The Statute of Limitations for Texas Slip and Fall Claims
In Texas, you have a limited amount of time (statute of limitations) to take legal action after a slip and fall accident. For personal injury cases, including slip and fall claims, you generally have two years from the fall to file a lawsuit.
If you fail to file your claim within this two-year window, you’ll likely lose your right to pursue compensation for your injuries.
Why You Need To Act Swiftly
While two years may seem like a long time, act quickly because building a strong case takes time. Your legal team needs to investigate the incident, gather evidence, consult with experts if necessary, and negotiate with the property owner's insurance company.
Waiting too long to contact an attorney can make it more difficult to collect vital evidence, such as surveillance video or witness statements. Contacting a Texas slip and fall lawyer soon after your accident gives you the best chance to construct a successful claim.
Common Locations of Slip and Fall Accidents Throughout Texas
Preventable falls can happen anywhere when property owners fail to maintain a safe environment for visitors. Some locations, however, see these types of accidents more frequently due to high foot traffic and a greater number of potential hazards.
A skilled Texas premises liability attorney knows the specific challenges of proving negligence in different environments.
Common locations for slip and fall incidents include:
- Grocery Stores: Spills, dropped produce, and freshly mopped floors without proper signage are frequent causes of falls.
- Restaurants and Bars: Poor lighting, spilled food and drinks, and worn-out flooring create dangerous conditions for patrons.
- Retail and Big-Box Stores: Cluttered aisles, falling merchandise, and poorly maintained entrances often lead to injuries.
- Parking Lots and Garages: Potholes, cracks in the pavement, inadequate lighting, and poor drainage may cause both trips and slips.
- Apartment Complexes: Broken stairs, defective handrails, and poorly lit common areas are frequent sites of tenant and visitor injuries.
No matter where your injury occurred, if it was caused by a property owner’s failure to address a dangerous condition, you have the right to seek accountability. A discussion with a lawyer can clarify your options.
Seeking Damages With a Texas Slip and Fall Lawyer
A serious fall may lead to significant financial and personal losses. A successful premises liability claim allows you to recover damages for the harm you have suffered. The goal is to obtain a settlement or verdict that provides for your past and future needs related to the injury.
A Texas slip and fall lawyer helps you document your losses to build a comprehensive demand for compensation.
Common damages include:
- Medical Expenses: This includes payment for hospital stays, doctor visits, surgeries, physical therapy, medication, and any future medical care your injuries may require.
- Lost Wages: You may pursue compensation for your lost income if you were unable to work during your recovery.
- Loss of Earning Capacity: If your injuries permanently affect your ability to earn a living, you may receive damages for this future loss of income.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries and their impact on your daily life.
- Physical Impairment: This payment addresses the loss of enjoyment of life or inability to partake in activities you previously enjoyed.
What Is Your Legal Status on a Property?
In Texas, a property owner's responsibility to you depends on your legal status as a visitor at the time of the incident. This classification is a key factor in any premises liability claim and helps determine the duty of care you were owed.
There are three main categories of visitors:
- Invitee: This is someone who is on the property for the mutual benefit of both themselves and the owner, usually in a commercial setting. A shopper in a retail store or a diner in a restaurant is an invitee. Property owners owe invitees the highest duty of care, which includes proactively looking for and correcting potential dangers.
- Licensee: A licensee is a person on the property with the owner's permission but for their own benefit, like a social guest at a party. The owner has a duty to warn a licensee of known dangers, but doesn’t have to inspect the property for unknown hazards.
- Trespasser: A trespasser enters a property without any legal right or permission from the owner. Generally, a property owner only owes a trespasser a duty not to intentionally or recklessly cause them harm.
In Texas, an attractive nuisance is something on a property that may draw children's attention and put them in danger, like a swimming pool, trampoline, or abandoned appliance.
Even if a child is trespassing, the property owner may be responsible if the hazard is likely to attract kids, the child doesn’t understand the risk, and the danger could have been prevented with reasonable care.
The law recognizes that children are curious and may not see the threat, so owners must take steps to fix or block access to these hazards when they know kids might be nearby.
FAQ for Texas Slip and Fall Lawyer
What Is the First Thing I Should Do After a Slip and Fall Accident?
After seeking necessary medical attention, you should report the incident to the property owner or manager. Ask for a copy of the incident report. If you can, take pictures of the exact location where you fell, clearly showing the hazardous condition that caused the fall.
Finally, speak with a Texas slip and fall attorney before you give a recorded statement to an insurance adjuster.
What If I Am Partially at Fault for My Fall?
Texas follows a rule called proportionate responsibility, which means you may still recover damages even if you were partially at fault if your share of the blame is 50% or less. If your percentage of fault is greater than 50%, you’re barred from recovering compensation.
An experienced Texas premises liability lawyer can help counter unfair accusations that you were to blame for your accident.
How Does a Texas Slip and Fall Lawyer Help Prove My Case?
A Texas slip and fall lawyer conducts a thorough investigation, secures video footage, and collects witness statements to analyze how the hazard occurred. They also handle all communications with the property owner’s insurance company and manage legal deadlines and documents.
Your attorney builds a case to demonstrate the owner's negligence and the full extent of your damages. Then, they pursue fair compensation through negotiations or litigation.
What if I Slipped on a Temporary Hazard Like a Spill?
Cases involving temporary hazards like spills or wet floors often come down to the question of notice. Your lawyer needs to show that the property owner either knew about the spill and failed to clean it up or that the spill was there long enough that they should have known about it through reasonable monitoring of the premises.
Evidence like maintenance logs, video surveillance, and witness testimony helps establish the timeline.
Does Every Slip and Fall Accident Lead to a Lawsuit?
Not every slip and fall will result in a lawsuit. Many claims resolve through direct negotiations with the property owner's insurance carrier, without ever needing to go to court.
Your attorney first prepares and submits a detailed demand letter to the insurer before negotiating for a fair settlement. Your legal team will only file a lawsuit if the insurance company refuses to make a reasonable offer that covers your losses.
Let Us Shape Your Claim
The facts of a fall are often messy and complex, like an unmarked block of stone. Our job is to methodically work with the available material—the evidence, the statutes, the witness accounts—to uncover the truth. We shape these elements to reveal a clear and convincing case for accountability. Don't let a negligent property owner's carelessness dictate your future. The team at DFW Injury Lawyers is ready to help you clarify your options and pursue the compensation you need to rebuild. Contact our experienced Texas personal injury lawyer for a free, no-obligation consultation to discuss your case. Call (972) 440-2320 today.