Texas law places a duty on businesses to keep their premises reasonably safe for visitors. When you are injured because a store, restaurant, or office failed to remove hazards or warn you about them, you might have a valid claim for compensation.
Get an overview of premises liability law, including what factors courts consider in cases involving a Houston slip and fall accident.
Failure to Maintain Safe Conditions
When you walk into a store or restaurant, you expect a clear path and solid footing. Common hazards that can leave you at risk (and the owner on the hook) include:
- Missing or damaged handrails
- Sidewalks or entryways with cracks and loose tiles
- Dim corridors or parking areas that hide tripping spots
- Merchandise, boxes, or cords left where you walk
Businesses that let these conditions persist can be held responsible when someone slips or falls.
Lack of Warning Signs
Texas requires businesses to post clear warnings for hazards they can’t fix right away — like a freshly mopped floor, a dripping leak, or a work zone in progress. A “Caution: Wet Floor” sign at the edge of the spill, for instance, can alert you to slow down and change course before you hurt yourself.
Courts look at whether the notice was visible, whether the wording made the risk clear, and whether the warning appeared within a reasonable time.
Knowledge of the Hazard
To hold a business liable after a slip and fall accident, you must show it knew (or should have known) about the danger. Texas law breaks this into two paths: actual notice and constructive notice.
Actual notice means that someone on the property knew about the hazard and failed to act. For instance, a customer may have informed the manager about a spill at checkout, but the manager ignored the customer’s warning.
Constructive notice happens when a hazard exists for long enough that a responsible person would have caught it. Suppose that store management does not require regular check-ins on the condition of the store. If a spill lingers for hours without cleanup, the court may determine that the business should have known about it.
Negligent Maintenance Practices
Negligent maintenance happens when a business skips regular checks, cleaning, or repairs that keep guests safe. The manager might decide that repairs are too costly, leaving a broken step unrepaired for weeks. Or they might repeatedly log the same floor crack without fixing it. These practices could indicate a pattern of neglect.
When determining liability, courts weigh how serious the danger was, how hard it was to fix, whether temporary warnings went up, and what resources the business had on hand.
Employee Negligence
When an employee’s mistake leads to a spill or trip hazard, the business is liable under Texas’s respondeat superior rule. For example, if a clerk spills a drink and keeps stocking shelves without cleaning it up, the owner may be responsible for slip and falls.
Staff also act as the eyes and ears of a business. If a customer points out a puddle by the entrance and the employee ignores it, that inaction can lead to liability.
Texas Premises Liability Law
Texas law groups visitors into three types:
- Invitees
- Licensees
- Trespassers
If you enter a store as a customer, you’re an invitee. The owner must look for dangers, fix what they can, and warn invitees about anything they can’t repair right away.
Licensees include people who are on the property by permission but for their own purposes. The owner should warn licensees of known hazards, but they don’t have to hunt down every hidden risk.
Trespassers get protection only from intentional harm. Special rules can apply in certain situations, such as when a child is injured by a known hazard.
A business breaches its duty when it falls short of what a reasonable organization would do. If you find records of past accidents or ignored complaints, that can help your case. On the other hand, logs showing prompt repairs can protect the business.
To win compensation, you need evidence, like medical reports, witness statements, or video footage, to show that the breach of duty caused your injury.
Under Texas’s comparative fault rule, any damages you recover get reduced by your share of blame. And if you’re more than half at fault, you can’t collect at all.
Why Legal Representation Helps
If you’re up against a business or its insurer, you need legal know-how on your side. A premises liability attorney can:
- Secure evidence like security footage, inspection logs, and witness accounts
- Show that you were an invitee or licensee
- Prove that the owner knew (or should’ve known) about the hazard
- Push back on shared-fault claims
- Demand full value for your medical bills, lost wages, and pain
A slip and fall attorney can make sure nothing slips through the cracks and prevent insurers from pushing you into a lowball settlement.
FAQ
What’s the Deadline for Filing a Slip and Fall Claim in Texas?
You have two years from the day you slipped to file suit under Texas’s statute of limitations. If you wait any longer, a court will likely bar your case.
Can You Recover Damages Beyond Medical Bills?
Yes. If you prove the business was negligent, you can seek compensation for your physical pain, emotional distress, and loss of enjoyment of daily activities.
What Should You Do Right After a Fall?
Get medical care. Even minor aches can point to serious injuries. If possible, photograph the hazard and note exactly where you fell.
Need a Strong Advocate for Your Injury Claim?
Time limits apply to premises liability claims in Texas. To keep your options open, get legal advice right away. Reach out to Ramsey Law Group today to see how we can help you pursue fair compensation.