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Texas Falls: Key Facts What You Must Prove Proving the Owner Knew Who Owned the Property Matters Slip and Fall Lawyers Across Texas Frequently Asked QuestionsTHE LAW GIANT slip-and-fall lawyers:
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Most slip and fall cases are won or lost on one question: did the owner know, or should it have known, about the hazard in time to fix it? The Texas Supreme Court has made that proof harder in recent years, so evidence gathered in the first days matters.
Call The Law Giant at 956-982-1800 or contact us online for a free consultation. You pay nothing unless we win.
Texas Falls: Key Facts
- Texas recorded 2,192 fall deaths among adults 65 and older in 2023. That is a rate of 52.3 per 100,000, according to CDC’s National Center for Health Statistics.
- Falls, slips and trips caused 92 of the 564 workplace deaths in Texas in 2023. The figures come from the Texas Department of Insurance.
- More than 1 in 4 older adults falls each year, but fewer than half tell their doctor. The CDC also counts nearly 319,000 hip fracture hospitalizations among older adults each year.
- In 2026, the Texas Supreme Court required proof of how long a spill was on the floor. Without it, a shopper could not show the store should have known about the hazard, in a case against H-E-B (No. 24-0310).
What You Must Prove
Since Corbin v. Safeway Stores (1983), a customer hurt in a fall must prove four things:
- Knowledge: The owner actually knew, or should have known, about the condition.
- Unreasonable risk: The condition posed an unreasonable risk of harm.
- No reasonable care: The owner failed to fix it or warn about it.
- Cause: That failure caused your injury.
The owner is not an insurer of your safety. The Texas Supreme Court has held that some hazards are not unreasonably dangerous at all, such as a 3/4-inch dip in a parking lot in 2022 and an open-sided watermelon pallet in 2024.
Proving the Owner Knew
Actual Knowledge
Proof that an employee saw the spill, received a complaint or was told about a leak shows actual knowledge.
Constructive Knowledge
Under the time-notice rule, you must show the hazard existed long enough that the owner should have found it. An employee standing nearby is not enough on its own.
When the Owner Created It
If a store employee caused the spill, that can support an inference of knowledge, but the jury still must find the store knew or should have known.
Hazards You Could See
Owners generally owe no duty to warn about hazards that are open and obvious. Exceptions exist, such as when you had no choice but to use a dangerous path.
Who Owned the Property Matters
- Customers and business visitors are owed reasonable care to find and fix hazards.
- Social guests are owed a warning about hazards the owner knows about and the guest does not.
- Government property gets the guest standard under the Tort Claims Act, with damage caps and a notice deadline of six months or less. School districts are generally immune from fall claims.
- Workplaces are usually covered by workers’ compensation, unless the employer opted out.
Slip and Fall Lawyers Across Texas
We handle fall cases statewide. See our pages for Houston, Dallas, Austin, San Antonio, McAllen, Laredo, Harlingen and Brownsville.
For related claims, see our premises liability, broken bone and elevator accident pages. Call 956-982-1800. You pay nothing unless we win.
Common Questions
Texas Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Texas?
Generally two years from the fall under § 16.003. Falls on government property also require written notice within six months, or less under some city charters.
What if I was partly at fault for my fall?
You can still recover if you were 50% or less responsible. Your damages are reduced by your share of fault.
Do I have to prove how long the spill was there?
Usually, yes, unless the store actually knew about it. Video, cart tracks, dirt in the spill and employee statements can show how long it was there.
Can I sue a school district for a fall on school property?
Usually not. The Tort Claims Act waives school district immunity only for motor vehicle claims, so a fall in a school building is generally barred.
What medical bills can I recover?
Texas limits recovery to the amounts actually paid or incurred, not the full amount billed. Lost wages, pain and future care can also be recovered.
What should I do right after a fall?
Report it, photograph the hazard and your shoes, get witness names, and see a doctor. Ask the business to keep its video, then call a lawyer.
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Our personal injury lawyers handle a wide range of accidents and serious injuries across Texas.
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