A slip and fall may happen in a moment, whether on a wet store floor, a poorly maintained stairway, or an uneven parking lot. The injuries that follow may keep you out of work, require extended treatment, and leave you facing bills you did not expect, all because someone failed to keep a property safe.
Dale R. Rose, PLLC represents injured people throughout Frisco, and Dale R. Rose has argued over 165 first-chair jury trials across three decades as a licensed Texas attorney. Our firm has recovered a $200,000 settlement for an ankle injury sustained at a business door.
Time Sensitive: Texas Law Limits Your Window to File
Hurt in a fall on someone else’s property? Under Texas law, the two-year deadline to file a lawsuit starts on the date of your injury. After that window closes, your right to sue may be gone permanently.
Free consultations. You pay nothing unless we win.
How Texas Premises Liability Claims Work
A property owner or occupier must use reasonable care to keep visitors safe from hazards the owner knows about or should know about. Under Texas law, an injured visitor generally must show the owner had actual or constructive knowledge of a dangerous condition, the condition posed an unreasonable risk of harm, the owner failed to use reasonable care, and this failure caused the injury.
Proving what the owner knew is often the hardest part. The Texas Supreme Court has explained that a claim based on constructive knowledge generally requires evidence the hazard existed long enough for the owner to have discovered it. A visitor’s status also matters, because the duty owed to a customer differs from the duty owed to a trespasser.
Common Causes of Slip and Fall Injuries
Many falls trace back to a hazard the owner could have fixed or marked, including the following.
- Wet or slippery floors and unmarked spills
- Uneven flooring, loose mats, or torn carpeting
- Broken stairs or missing handrails
- Poor lighting in stairwells and parking lots
- Cracked sidewalks and potholes
- Missing warning signs after cleaning or repairs
A medical professional must diagnose any injury and its cause, but falls may lead to fractures, head injuries, and back injuries that require lengthy treatment.
Proving Liability After a Fall
Evidence may include photographs of the hazard, the incident report, surveillance video, maintenance and cleaning logs, and statements from witnesses. Store video may be overwritten within days, so reporting the fall in writing and contacting an attorney promptly may help preserve it.
Our articles on the elements of a premises defect claim and the evidence needed in a premises liability claim explain this process in more detail. You should also avoid giving an insurer a recorded statement before speaking with an attorney.
Parties That May Be Responsible
Responsibility depends on who controlled the space where you fell. Depending on the facts, a store, restaurant, apartment complex, landlord, property manager, or maintenance contractor may be responsible. Our articles on business liability for customer falls and sidewalk falls address common situations.
Texas is a comparative liability state, so you may still recover compensation if your share of fault does not exceed 50 percent. If a government entity owns the property, different notice rules may apply, which makes prompt legal advice especially important.
The Texas Statute of Limitations for Slip and Fall Claims
Under Texas law, a slip and fall lawsuit must generally be filed within two years of the date of the injury. A wrongful death lawsuit follows the same two-year deadline, but the clock starts on the date of death, which may be later than the date of the fall.
Limited exceptions, such as the discovery rule, may extend the deadline, but you should not count on one applying to you. The Texas statutes on limitation periods set these deadlines. Missing the deadline is irreversible, and a court may refuse to hear an otherwise valid claim.
Our Experience With Premises Cases
Over his career, Dale has represented individuals, businesses, insurance companies, and even the State of Texas as a prosecutor, which gives him insight into how property owners and their insurers evaluate and defend these claims.
Past results do not guarantee a similar outcome, and every case depends on its own facts. You may review our full case results, or learn more on our slip and fall and premises liability pages.
Frequently Asked Questions
Do I have a valid slip and fall claim?
You may have a claim if a dangerous condition on someone else’s property caused your injury and the owner knew or should have known about it. A review of the facts shows whether your situation qualifies.
How long do I have to file a slip and fall lawsuit in Texas?
Under Texas law, most injury lawsuits must be filed within two years of the date of the injury, and wrongful death lawsuits within two years of the date of death.
What if I was partly at fault for my fall?
You may still recover compensation if your share of fault does not exceed 50 percent, though your recovery is reduced by your percentage of fault.
Do family members have a claim after a fatal fall?
Under Texas law, certain family members, including surviving spouses, children, and parents, may bring a wrongful death claim when a death is caused by another party’s negligence.
How much does it cost to hire a slip and fall lawyer?
We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact Dale R. Rose, PLLC for a Free Consultation
Our recoveries for injured clients total over $18 million, dating back to 2010. We take no cases on behalf of insurance companies or employers, and you will work directly with Dale from the first call through resolution.
If you were hurt in a fall on someone else’s property, we offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win. To get started, contact our office today.