Experienced Legal Representation for Slip and Fall Injury Victims
Slip and fall accidents happen in an instant but can result in life-changing injuries. When property owners fail to maintain safe conditions or warn visitors about hazards, they can be held legally responsible for resulting injuries. If you’ve been hurt in a slip and fall accident in Houston or anywhere in Texas, 713 Justice is here to help you pursue the compensation you deserve.
Our experienced premises liability attorneys understand how to prove negligence, overcome common defenses, and hold property owners accountable for preventable accidents.
Understanding Slip and Fall Premises Liability
Slip and fall cases fall under premises liability law, which holds property owners and occupiers responsible for maintaining reasonably safe conditions for visitors. To succeed in a slip and fall claim in Texas, you must prove:
The property owner owed you a duty of care. Property owners have different levels of responsibility depending on why you were on their property.
A dangerous condition existed. There was a hazard on the property that created an unreasonable risk of harm, such as a wet floor, uneven surface, or poor lighting.
The owner knew or should have known about the hazard. The property owner had actual knowledge of the dangerous condition or the condition existed long enough that they should have discovered and remedied it.
The owner failed to fix the hazard or warn you. The property owner didn’t repair the dangerous condition or provide adequate warning to visitors.
The hazard caused your fall and injuries. The dangerous condition directly resulted in your accident and subsequent injuries.
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Common Causes of Slip and Fall Accidents
Our Houston slip and fall lawyers handle cases involving numerous hazardous conditions:
Wet or slippery floors. Recently mopped floors without warning signs, spills left unattended, tracked-in rain or snow, leaking refrigeration units, or freshly waxed surfaces.
Uneven or damaged flooring. Cracked sidewalks, potholes in parking lots, torn carpeting, loose floorboards, transitions between different flooring types, or buckled linoleum.
Poor lighting. Inadequate lighting in stairwells, parking lots, hallways, or entrances that prevent visitors from seeing hazards.
Defective or missing handrails. Staircases without proper handrails, loose or broken handrails, or railings that don’t meet building code requirements.
Debris and obstacles. Boxes or merchandise left in walkways, electrical cords across paths, clutter in aisles, or construction materials blocking safe passage.
Weather-related hazards. Ice and snow accumulation, failure to salt walkways, water accumulation from rain, or leaves making surfaces slippery.
Architectural defects. Poorly designed stairs, unexpected steps or elevation changes, narrow or steep staircases, or confusing layouts.
Worn or damaged stairs. Broken steps, uneven stair heights, loose treads, or stairs with inadequate depth.
Hidden hazards. Floor transitions that are the same color as surrounding flooring, clear glass doors without markings, or camouflaged steps.
Types of Visitors and Property Owner Duties
Texas law recognizes different categories of visitors, and property owners owe different levels of care to each:
Invitees
Invitees are visitors who enter property for purposes related to the owner’s business or for mutual benefit. This includes customers in stores, restaurant patrons, hotel guests, and clients visiting offices.
Property owners owe invitees the highest duty of care. They must regularly inspect the property for hazards, remedy dangerous conditions, and warn invitees about dangers that aren’t obvious.
Licensees
Licensees are social guests who enter property for their own purposes with the owner’s permission. This includes friends visiting your home or someone attending a private party.
Property owners must warn licensees about known dangers but don’t have a duty to actively inspect for hazards.
Trespassers
Trespassers enter property without permission. Property owners generally owe minimal duties to trespassers, though they cannot intentionally harm them or create hidden traps.
Important exception: Property owners owe a higher duty of care to child trespassers if the property contains attractive nuisances that might draw children.
Real Results for Real People
Where Do Slip and Fall Accidents Happen?
Slip and fall accidents can occur on any type of property:
Retail stores and supermarkets. Grocery store spills, merchandise in aisles, freshly mopped floors, or produce that has fallen and created slippery conditions.
Restaurants and bars. Wet floors near kitchens or bathrooms, spilled drinks, greasy surfaces, or inadequate lighting in dining areas.
Apartment complexes and condominiums. Poorly maintained common areas, defective stairs, inadequate lighting in parking structures, or failure to address weather hazards.
Hotels and resorts. Wet pool areas, slippery lobby floors, defective elevators, or inadequate lighting in hallways.
Office buildings. Poorly maintained entryways, wet floors after cleaning, loose carpeting, or defective elevators and escalators.
Shopping malls. Spills in common areas, uneven flooring, wet conditions near entrances, or inadequate maintenance of walkways.
Parking lots and garages. Potholes, crumbling pavement, inadequate lighting, oil spills, or failure to clear ice and snow.
Government properties. Defects in public sidewalks, poorly maintained parks, hazards at government buildings, or dangerous conditions at public facilities.
Construction sites. Debris, uneven surfaces, inadequate barriers, or failure to warn visitors of hazards.
Private residences. Defective stairs, icy walkways, hidden hazards, or failure to warn social guests of dangers.
Common Injuries from Slip and Fall Accidents
Slip and fall accidents can cause serious injuries, including:
- Broken bones, particularly wrists, arms, ankles, hips, and legs
- Head injuries and traumatic brain injuries from striking the ground
- Spinal cord injuries and back injuries, including herniated discs
- Shoulder injuries, including rotator cuff tears and dislocations
- Hip fractures, especially dangerous for elderly victims
- Knee injuries, including torn ligaments and meniscus damage
- Wrist and hand fractures from attempting to break the fall
- Facial injuries, including broken noses, jaw fractures, and dental damage
- Cuts, bruises, and soft tissue injuries
- Chronic pain and mobility limitations
For elderly victims, slip and fall injuries can be particularly devastating, leading to long-term disability, loss of independence, and increased mortality risk.
Texas Slip and Fall Laws
Texas has specific legal principles governing premises liability cases:
Actual or constructive knowledge required. You must prove the property owner either knew about the hazard (actual knowledge) or should have discovered it through reasonable inspection (constructive knowledge). Simply showing a hazard existed isn’t enough.
Open and obvious defense. If a hazard was open and obvious to a reasonable person, the property owner may not be liable, as visitors are expected to watch where they’re going and avoid obvious dangers.
Comparative negligence. If you were partially at fault for your fall (such as by texting while walking or ignoring warning signs), your compensation may be reduced by your percentage of fault. You cannot recover if you were more than 50% responsible.
Statute of limitations. You have two years from the date of your fall to file a premises liability lawsuit in Texas.
Notice requirements for government claims. If you fell on government property, you must provide notice within six months and follow specific procedures before filing suit.
No presumption of negligence. The mere fact that you fell doesn’t create a presumption that the property owner was negligent. You must affirmatively prove all elements of your case.
Challenges in Slip and Fall Cases
Slip and fall cases present unique difficulties:
Burden of proof. Texas law requires clear evidence that the property owner knew or should have known about the hazard. Property owners frequently claim they had no knowledge of the dangerous condition.
Open and obvious defense. Defendants often argue you should have seen and avoided the hazard, even if they created or failed to remedy it.
Comparative fault arguments. Property owners routinely blame victims for not watching where they walk, being distracted, wearing inappropriate shoes, or otherwise causing their own fall.
Lack of evidence. Without surveillance video, photographs, or witnesses, proving the hazard existed and caused your fall can be difficult.
Quick cleanup. Hazards are often cleaned up or repaired immediately after an accident, eliminating evidence.
Reluctant witnesses. Other customers or employees may be hesitant to provide statements against the property owner or their employer.
Insurance company tactics. Insurance adjusters often minimize injuries, dispute causation, or pressure victims to accept lowball settlements.
Compensation in Slip and Fall Cases
If we successfully prove your slip and fall claim, you may recover compensation for:
- All medical expenses, including emergency care, surgery, hospitalization, physical therapy, medical equipment, and future medical treatment
- Lost wages for time missed from work during recovery
- Loss of earning capacity if your injuries result in permanent disability or limitations
- Pain and suffering for physical discomfort and reduced quality of life
- Mental anguish and emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life if you can no longer participate in activities you previously enjoyed
- Loss of consortium for spouses whose marriage has been affected by the injuries
- Property damage, such as damaged clothing, glasses, or personal belongings
What to Do Immediately After a Slip and Fall
The actions you take right after a fall can significantly impact your ability to recover compensation:
Report the incident immediately. Notify the property owner, manager, or security. Insist that they document the accident in an incident report and get a copy for your records.
Document the scene thoroughly. Take photos or videos of the hazard that caused your fall, the surrounding area, your visible injuries, and any torn clothing. Capture warning signs (or lack thereof), lighting conditions, and anything else relevant.
Identify witnesses. Get names and contact information from anyone who saw your fall or saw the hazard before you fell.
Note the time and conditions. Record the exact time, date, weather conditions, and lighting at the scene.
Preserve evidence. Keep the shoes you were wearing and any clothing that was damaged or stained during the fall.
Seek immediate medical attention. Even if you don’t think you’re seriously hurt, see a doctor. Some injuries don’t manifest immediately, and delayed treatment gives insurance companies grounds to question the severity of your injuries.
Don’t give recorded statements. Property owners and insurance companies may ask for statements. Politely decline and contact an attorney first.
Avoid social media. Don’t post about your accident or injuries online. Insurance companies regularly monitor social media and will use your posts against you.
Keep detailed records. Document all medical treatment, expenses, lost wages, and how your injuries affect daily life.
Consult an attorney quickly. Early investigation is crucial while evidence is still available and memories are fresh.
The Value of Legal Representation: Why Lawyers Get Better Results
Statistics Show Represented Claimants Receive Higher Compensation
Research consistently demonstrates that accident victims who hire personal injury lawyers receive significantly more compensation than those who handle claims themselves:
- 3.5x Higher Settlements: According to Insurance Research Council studies, accident victims represented by attorneys receive settlements that are 3.5 times higher on average than those who settle without legal representation
- Better Results Even After Legal Fees: Even after paying attorney fees, represented claimants typically net more money than unrepresented victims
- Higher Success Rate: Lawyers successfully resolve claims in over 95% of cases, compared to much lower success rates for self-represented individuals
- Faster Resolution: Experienced attorneys often resolve cases more quickly by knowing how to navigate insurance company procedures and legal requirements
The Cost of Going It Alone
Unrepresented accident victims often fall into common traps that cost them thousands of dollars:
Quick Settlement Pressure: Insurance companies rush unrepresented victims into early settlements before the full extent of injuries is known
Undervalued Claims: Without legal knowledge, victims often accept far less than their claims are worth
Waiving Important Rights: Unrepresented claimants may unknowingly sign releases that prevent future claims for ongoing medical issues
Missing Deadlines: Failure to meet legal deadlines can result in complete loss of the right to compensation
Inadequate Documentation: Improper case preparation can significantly reduce claim value
Frequently Asked Questions
What if I didn't see what caused me to fall?
This can make your case more challenging but doesn't necessarily prevent recovery. Witness statements, surveillance video, inspection of the scene, and expert testimony may help establish what caused your fall.
Can I sue if there was a "wet floor" sign?
Possibly. Warning signs don't automatically eliminate liability. We'll examine whether the warning was adequate, prominently displayed, and placed early enough to allow you to avoid the hazard. Property owners still have a duty to remedy hazards, not just warn about them indefinitely.
What if I fell in a parking lot?
Parking lot falls are common. Property owners must maintain parking lots in reasonably safe condition, repair potholes and cracks, provide adequate lighting, and clear ice and snow. The analysis depends on whether the hazard was on the property owner's premises.
What if I fell on a city sidewalk?
Claims against government entities involve special rules and shorter deadlines. You typically must provide notice within six months. Texas law also limits government immunity, and specific exceptions must apply for you to recover.
Can I sue my landlord if I fell in my apartment building?
Yes, if the fall occurred in a common area (hallway, stairs, parking lot, etc.) and was caused by a hazard the landlord knew or should have known about. Landlords have a duty to maintain common areas in safe condition.