Life moves at its own pace—until it’s suddenly stopped by the jarring shock of a fall. An uneven sidewalk or a wet floor can instantly turn a normal day into one filled with medical worries, financial stress, and physical pain.
When an injury happens on someone else’s property, it’s natural to wonder who should be held liable for the unsafe conditions. Speaking with a slip and fall accident lawyer can help you understand your rights and what steps to take next. The answer usually lies with the property owner, but Texas law requires showing they knew, or should have known, about the hazard and did nothing to fix it. Proving this negligence is the key to holding them accountable and getting the help you need to heal.
Key Takeaways about Liability in a Slip and Fall Accident
- Under a legal principle called premises liability, Texas property owners have a duty to keep their property reasonably safe from known hazards.
- Liability in a slip and fall accident hinges on proving the property owner was negligent, meaning they failed to act with reasonable care.
- The injured person must demonstrate that the property owner either created the dangerous condition, knew about it, or should have known about it.
- More than one party can be held responsible, including property owners, tenants, or third-party maintenance companies.
- Texas law follows a “proportionate responsibility” rule, which can reduce an injured person’s compensation if they are found to be partially at fault for the accident.
- A strict two-year time limit, known as the statute of limitations, generally applies to filing a personal injury claim in Texas.
Understanding Premises Liability in Texas
When you hear lawyers talk about slip and fall accidents, you will often hear the term “premises liability.” This is simply the area of law that holds property owners and occupiers responsible for injuries that happen on their property due to an unsafe condition. The core idea is that the person or company in control of a property has a legal obligation, known as a duty of care, to prevent foreseeable harm to visitors.
This duty of care isn’t the same for everyone who enters a property. Texas law classifies visitors into three categories, and the property owner’s responsibility changes for each one.
- Invitee: This is someone who is on the property for the mutual benefit of both themselves and the owner, usually for business reasons. A customer shopping at Sundance Square in Fort Worth or a fan attending a game at AT&T Stadium are considered invitees. Property owners owe the highest duty of care to invitees. They must warn of or make safe any dangerous conditions they know about or should have known about through reasonable inspection.
- Licensee: A licensee is a person on the property with the owner’s permission but for their own benefit, not for a business purpose. A social guest at a friend’s house is a common example. The property owner must warn a licensee of dangerous conditions they have actual knowledge of, but they don’t have the same duty to inspect the property for unknown dangers.
- Trespasser: This is someone who enters a property without any legal right or permission from the owner. Generally, a property owner’s only duty is not to intentionally injure a trespasser.
Understanding your status as a visitor is a key part of determining who is liable in a slip and fall accident.
The Four Elements of a Slip and Fall Claim
To successfully hold a property owner responsible, you must prove they were negligent. Negligence is a legal term that means someone failed to act with the level of care that a reasonably prudent person would have exercised under the same circumstances. In Texas, proving negligence in a slip and fall case requires establishing four specific elements.
- Duty: You must first show that the property owner owed you a duty of care. As discussed above, this depends on whether you were an invitee, licensee, or trespasser.
- Breach of Duty: Next, you must prove that the property owner breached, or violated, that duty. This could mean they failed to clean up a spilled liquid in a timely manner, didn’t repair a broken handrail, or allowed poor lighting to create a hazard in a dark hallway.
- Causation: It isn’t enough to show there was a hazard and you fell. You must prove that the property owner’s breach of duty was the direct cause of your fall and your injuries. The link between their failure to act and your injury must be clear.
- Damages: Finally, you must demonstrate that you suffered actual harm, or damages, as a result of the fall. This includes things like medical expenses, lost income from being unable to work, physical pain, and emotional distress.
These four elements are the building blocks of a successful premises liability claim, and each one must be supported by evidence.
Who Could Be Held Liable in a Slip and Fall Accident?
While the property owner is the most common party held responsible, they may not be the only one. Determining exactly who is liable in a slip and fall accident can be complicated, as responsibility can sometimes be shared.
- Property Owners: Whether it’s an individual who owns a rental home or a large corporation that owns a retail chain, the owner of the property is a primary potential defendant.
- Business or Commercial Tenants: Many businesses rent the space they operate in. A lease agreement may transfer the responsibility for day-to-day maintenance and safety to the tenant. In this case, the business operating in the space, not the owner of the building, could be liable.
- Property Management Companies: Owners of large commercial properties, like apartment complexes or shopping centers, often hire management companies to handle maintenance and operations. If this company’s negligence led to the hazard, they could be held responsible.
- Third-Party Contractors: Sometimes, a property owner hires outside companies for services like cleaning, landscaping, or repairs. If an employee of a janitorial service failed to put up a “wet floor” sign, that company could be held liable for a resulting fall.
- Government Entities: If your fall occurred on public property, such as a city park, public sidewalk, or inside a government building, a city, county, or state entity could be liable. However, claims against the government in Texas are subject to special rules under the Texas Tort Claims Act, which includes shorter deadlines and specific notice requirements.
Identifying all potentially responsible parties is a critical step in ensuring you can recover the compensation needed for your injuries.
A Closer Look at Proving Negligence
The central question in most slip and fall cases is whether the property owner knew or should have known about the dangerous condition that caused the fall. This is what’s known as “notice.” To prove negligence, you generally have to show one of the following:
- The property owner or their employee created the dangerous condition (e.g., an employee mopped the floor and left it wet without a sign).
- The property owner or their employee had actual knowledge of the danger but did nothing to fix it or warn people (e.g., a manager saw a broken tile but failed to rope off the area).
- The property owner or their employee had constructive knowledge of the danger. This means the condition existed for so long that a reasonably careful owner or employee should have discovered and corrected it during routine inspection and maintenance.
Proving constructive knowledge often relies on evidence like video surveillance footage, witness statements, and store cleaning logs to establish how long the hazard was present.
What to Do After a Slip and Fall Accident in Tarrant County
The steps you take after a fall can significantly impact your health and your ability to pursue a claim for your injuries. Once you are home and have addressed any immediate medical needs, consider the following actions to protect your rights.
- Continue Medical Treatment: Your health is the top priority. Follow your doctor’s treatment plan and attend all follow-up appointments. This not only aids your recovery but also creates an official record of your injuries and their severity.
- Document Everything: Write down a detailed account of exactly what happened, including the date, time, location, and what you think caused your fall. Also, start a file to keep all medical bills, receipts for out-of-pocket expenses, and any correspondence from the property owner or their insurance company.
- Preserve the Evidence: Keep the shoes and clothing you were wearing at the time of the fall in a safe place. Do not wash them. They could contain evidence related to the substance or object that caused your fall.
- Avoid Social Media: It is best to refrain from posting about your accident, your injuries, or your daily activities on social media. Insurance companies often search these platforms for anything they can use to argue that your injuries are not as serious as you claim.
- Be Cautious with Insurance Adjusters: The property owner’s insurance company may contact you and ask for a recorded statement. It is often wise to decline this request until you have had the opportunity to speak with an attorney. Their job is to minimize the amount the company has to pay, and your words could be used against you later.
Taking these thoughtful steps can help build a strong foundation if you decide to pursue a claim for compensation.
What if You Are Partially at Fault? Texas’s Proportionate Responsibility Rule
Insurance companies and property owners often try to argue that the injured person was also at fault for the accident. They might claim you were distracted, not watching where you were going, or wearing inappropriate footwear. In Texas, this concept is addressed by a rule called proportionate responsibility, also known as modified comparative fault.
Under this rule, you can still recover damages even if you were partially to blame for your accident, as long as your percentage of fault is 50% or less. Your total compensation award will simply be reduced by your percentage of fault.
For example, if a jury determines your total damages are $100,000 but finds that you were 20% responsible for the fall because you were looking at your phone, your award would be reduced by 20%, and you would receive $80,000. However, if the jury finds you were 51% or more at fault, you are barred from recovering any compensation at all.
How Long Do You Have to File a Slip and Fall Claim in Texas?
Every state sets a time limit for filing a lawsuit, known as the statute of limitations. Missing this deadline means you lose your right to pursue compensation in court forever. In Texas, the statute of limitations for most personal injury cases, including slip and fall accidents, is two years from the date the injury occurred.
While two years may seem like a long time, it can pass quickly when you are focused on medical treatments and recovery. It is important to act promptly to preserve evidence, interview witnesses, and build your case. It’s also critical to remember that the deadline can be much shorter for claims against a government entity, often requiring that you give formal notice of your claim within just a few months.
Slip and Fall Accident Liability FAQs
Here are answers to some common questions that arise when determining who is liable in a slip and fall accident.
Under Texas law, a property owner generally does not have a duty to protect people from dangers that are “open and obvious.” The reasoning is that a person should be able to recognize and avoid such hazards themselves. However, exceptions exist, such as when a person may be distracted or when the owner should have anticipated that the hazard would cause harm despite being obvious.
In most cases, it is very difficult for a trespasser to win a slip and fall claim. Property owners in Texas owe a very minimal duty to trespassers, which is not to injure them through intentional acts or gross negligence. They do not have a duty to make their property safe for those who are there without permission.
Compensation, or damages, is intended to help an injured person become whole again. It can cover economic losses like past and future medical bills, lost wages, and loss of future earning capacity. It can also include non-economic damages for things like physical pain, mental anguish, and physical impairment.
Falls at a private residence can be difficult situations. You would be considered a “licensee,” and your friend would have a duty to warn you of any known dangers that are not readily apparent. Often, these claims are paid by the homeowner’s insurance policy, not directly out of your friend’s pocket.
Insurance companies are businesses, and their initial settlement offers are often far less than what a claim is truly worth. An experienced attorney can evaluate the full extent of your damages, including future medical needs and pain and suffering, to determine if an offer is fair. Having legal representation often demonstrates to the insurance company that you are serious about receiving just compensation.
Contact a Personal Injury Attorney at Branch & Dhillon, P.C.
Figuring out who is liable after a slip and fall accident can feel like a heavy burden when you should be focused on your health. At Branch & Dhillon, P.C., our dedicated personal injury attorneys are here to help residents of Arlington and Tarrant County understand their rights. We focus our practice on personal injury law, allowing us to provide skilled and passionate representation for every client.
We will investigate your accident, gather evidence, and stand up to insurance companies on your behalf. We handle all personal injury cases on a contingency fee basis, which means you pay absolutely nothing unless we win your case.
Let us handle the legal details so you can concentrate on what matters most—your recovery. Contact Branch & Dhillon, P.C. today at (817) 533-3430 or through our online form for a free, no-obligation consultation to discuss your case.