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Premises injury claims

HOUSTON SLIP & FALL LAWYERSWhen a property owner ignores a hazard.

A wet floor with no sign, a broken stair, a dark parking lot. Property owners have a duty to keep their premises reasonably safe. When they don't and someone gets hurt, their liability insurer steps in to defend them, and these claims are defended hard.

Where falls happen

PREMISES CASES we handle.

STORES & SUPERMARKETS

Spills, produce on the floor, cluttered aisles and leaking coolers.

APARTMENT COMPLEXES

Broken stairs and railings, uneven walkways and poor lighting in common areas.

RESTAURANTS & HOTELS

Slick floors, unmarked steps and hazards in dining rooms, lobbies and pools.

PARKING LOTS & SIDEWALKS

Potholes, uneven pavement, broken curbs and unlit walkways on private property.

OFFICES & BUSINESSES

Hazards at a business you were visiting, including loose mats, cords and debris.

Government property has special rules. Falls on city, county or state property are subject to the Texas Tort Claims Act, with strict notice deadlines and limits on what you can recover.

Texas law

WHAT YOU have to prove.

A fall alone doesn't make the owner responsible. For customers and other business visitors, Texas law generally requires four things.

  1. 01A dangerous conditionSomething on the property posed an unreasonable risk of harm.
  2. 02The owner knew or should have knownThey created it, knew about it, or it was there long enough that they should have found it. How long the hazard was there is often the whole fight.
  3. 03They didn't fix it or warn youThe owner failed to use reasonable care to make it safe or adequately warn about it.
  4. 04It caused your injuryThe condition was a cause of your fall and your injuries.
  5. 05Different rules for guestsSocial guests at a private home are treated differently: the owner generally must have actually known about the danger. Homeowners and renters policies often cover these claims.
Right after a fall

WHAT TO DO after a fall.

1. REPORT IT ON THE SPOTTell a manager and ask that an incident report be made. Write down the name of the person you spoke with.
2. PHOTOGRAPH THE HAZARDTake photos of what caused the fall before it's cleaned up or repaired, and of your shoes and injuries.
3. GET WITNESS NAMESOther customers and employees can confirm what the hazard was and how long it had been there.
4. ASK THEM TO KEEP THE VIDEOStores and complexes often record over surveillance footage within days or weeks. A lawyer can send a preservation letter right away.
From the other side

The store's incident report is written with its insurer in mind. Make sure your version of what happened is on the record too.

SLIP & FALL FAQ

Is the store automatically responsible if I fall?

No. Texas law generally requires proof that the owner knew or should have known about the hazard and failed to fix it or warn about it. Evidence of how long the hazard was there often decides the case.

What if the hazard was easy to see?

Texas law may limit an owner's duty for dangers that were open and obvious, though there are exceptions. These cases depend on specific facts, so it's worth having them reviewed.

I fell at a friend's house. Do I have to sue my friend?

These claims are usually paid by the homeowner's or renter's liability insurance, not out of your friend's pocket. The rules for social guests are different from the rules for customers.

I fell on a city sidewalk. Is the deadline different?

Yes. Claims against government entities often require written notice within six months, and some cities require it sooner. Act quickly.

How long do I have to file a lawsuit?

Most Texas injury lawsuits must be filed within two years of the injury, with shorter notice requirements for government claims.

Related: Personal injury overview · Dog bites · Claim deadline calculator

HURT ON SOMEONE ELSE'S PROPERTY?Let's find out what they knew.

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