Key Takeaways: What Every Slip and Fall Victim Should Know
- You can recover even if partly at fault for your slip and fall accident, but your recovery may be reduced by your percentage of fault.
- You must prove notice (actual or constructive) that the property owner knew or should have known about the dangerous condition and failed to fix it or warn you.
- Preserve photos, incident reports, and CCTV quickly as video evidence can disappear fast and is crucial to proving your case.
- Most cases resolve pre-trial through settlements, but some may proceed to trial if liability or value is disputed.
- According to Texas Civil Practice and Remedies Code Section 16.003, you have two years from your accident date to file a slip and fall claim, or you may lose your right to compensation.
Why Choose Simmons and Fletcher for Your Slip and Fall Case?
Since 1979, our Houston slip and fall lawyers have exclusively handled personal injury cases. The insurance companies know our name, and they know we’re ready to take cases to trial. Our attorneys have earned recognition as Super Lawyers by Thomson Reuters, and attorney Paul H. Cannon is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
If we take your slip and fall case, our compassionate Houston slip and fall liability attorneys will:
- Offer a free case evaluation with an experienced slip and fall attorney near you.
- Investigate your accident thoroughly and preserve crucial evidence like CCTV footage.
- Determine actual vs. constructive notice to prove the property owner’s liability.
- Handle all communications with insurance companies and opposing counsel.
- Fight for maximum compensation for your medical bills, lost wages, and pain and suffering.
- Represent you at trial if a fair settlement cannot be reached.
Contact our Houston slip and fall law firm today at (713) 932-0777 for your free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
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Houston Slip and Fall Practice Video
Attorney Paul H. Cannon discusses the difficulties victims face in proving liability in a slip-and-fall accident. The premises owners may mislead the victim until the evidence has been lawfully disposed of and forever destroyed. Don’t let them victimize you again. Learn your rights after a slip and fall accident.
Our $955,000 Slip and Fall Settlement
We recently helped a lady who was seriously injured when the staff at a Mexican food restaurant dropped a lime slice on the floor in the walkway and left it there. As she was walking out past the front desk, she stepped on the wedge and fell backward, injuring her spine to the point she required a fusion. We litigated the case and recovered $955,000.00.
What To Do After a Slip and Fall
After a slip and fall accident in Houston, your actions in the first hours and days can significantly impact your case. Follow these critical steps to protect your rights and preserve evidence:
- Document the scene immediately: Take photos of where you fell, the hazardous condition, your injuries, and any warning signs (or lack thereof). Get witness contact information and statements while their memory is fresh.
- Report the incident: Notify the property manager or store employees immediately and ensure they create an incident report. Get a copy of this report or note the report number.
- Seek medical treatment: Even if you feel fine, see a doctor immediately. Some injuries like concussions or soft tissue damage may not show symptoms right away.
- Preserve video evidence: Request that the store or property owner preserve any surveillance footage. Security cameras often record over footage within days or weeks, so act quickly.
- Consult a Houston slip and fall attorney: Contact our law firm as soon as possible to protect your rights and begin building your case while evidence is still available.
Need help preserving evidence after your fall? Contact our Houston premises liability lawyers immediately to protect your claim.
Who May Be at Fault and How We Prove It
Determining fault in Houston slip and fall cases requires proving that the property owner or manager breached their duty of care to keep visitors safe.
Property/Business Owners’ Duty for Invitees
Property owners owe different levels of duty depending on your legal status. If you’re an invitee (customer, patient, or someone invited for business purposes), the owner must:
- Regularly inspect the premises for dangerous conditions;
- Fix hazards promptly or provide adequate warnings;
- Maintain safe lighting and clear walkways;
- Follow industry inspection protocols and document their efforts.
Notice: Actual vs. Constructive
To win your slip and fall lawsuit, we must prove the property owner had notice of the dangerous condition:
Actual notice: The owner directly knew about the hazard through employee reports, customer complaints, or witnessing the condition themselves.
Constructive notice: The hazard existed long enough that a reasonable property owner should have discovered it during routine inspections. We examine factors like:
- How long the spill or hazard was on the floor;
- Inspection logs and cleaning schedules;
- Surveillance footage showing the hazard’s timeline;
- Weather conditions and foot traffic patterns.
Open and Obvious / Warning Signs: How It Affects Duty
A wet floor sign or visible hazard doesn’t automatically prevent liability. The key question is conspicuity – was the warning sign placed where customers would naturally see it? A warning sign hidden behind merchandise or placed away from foot traffic areas doesn’t discharge the property owner’s duty to provide adequate notice of danger.
Compensation You Can Seek
Texas slip and fall victims can recover both economic and non-economic damages when we successfully prove the property owner’s negligence.
Economic Damages
These damages have clear financial value and include:
- Medical bills and future care: Emergency room visits, surgeries, physical therapy, medications, and ongoing treatment;
- Lost income: Wages lost due to time off work and reduced earning capacity if you can’t return to your previous job;
- Household services: Help with cleaning, childcare, and daily activities you can no longer perform.
Non-Economic Damages
These compensate for intangible losses:
- Pain and suffering: Physical discomfort and emotional distress from your injuries;
- Mental anguish: Anxiety, depression, and trauma resulting from your accident;
- Loss of enjoyment of life: Inability to participate in activities you previously enjoyed.
The average cost of slip and fall accidents ranges from $30,000 to $40,000, including direct medical expenses and rehabilitation costs.
Common Houston Scenarios We Handle
Our Houston slip and fall attorneys handle premises liability cases throughout the Greater Houston area, from downtown businesses to suburban shopping centers.
Grocery & Big-Box Stores
We represent clients injured at major retailers, including:
- Walmart slip and fall claims involving spills, wet floors, and merchandise in aisles;
- H-E-B slip and fall cases from produce spills and cleaning activities;
- Kroger slip and fall accidents caused by inadequate maintenance and poor lighting.
Our grocery store slip and fall guide provides detailed information about these complex cases.
Restaurants and Hotels
Common hazards include:
- Wet entry mats and slippery restaurant floors;
- Broken or missing stair treads in hotels;
- Poor lighting in hotel corridors and stairwells;
- Accumulated ice and water near entrances.
Parking Lots and Outdoor Areas
Houston parking lot lighting hazards and maintenance issues we handle:
- Potholes and uneven pavement;
- Inadequate lighting creating dangerous conditions;
- Accumulated water and poor drainage;
- Broken concrete and unmarked hazards.
Medical Facilities & Nursing Homes
Medical facility falls often involve:
- Slippery floors from cleaning products;
- Bed transfers and patient falls;
- Poor lighting in patient rooms;
- Inadequate supervision and assistance.
From our law firm located on the west side of Houston, we provide representation throughout the greater Houston area. We handle slip and fall cases in Chinatown, Deer Park, East Downtown, Greater Fifth Ward, Mission Bend, and throughout Harris County. We also serve clients in Acres Homes, Aldine, Bellaire, Briarforest, Central Business District, Central Northwest, and many other Houston neighborhoods.
Check if your Houston area accident qualifies for compensation. Schedule your free case evaluation with our premises liability lawyers today.
Related Resources
- Houston Elevator Accident Lawyer: Learn about liability for elevator malfunctions, maintenance failures, and safety violations in office buildings and industrial facilities.
- Houston Swimming Pool & Drowning Accident Lawyer: Understand legal rights when pool accidents involve inadequate supervision, maintenance, or safety precautions.
- Houston Construction Accident Lawyer: Explore premises liability claims for falls, unsafe conditions, and equipment failures at construction sites.
- Houston Dog Bite Lawyer: Read about property owner duties and premises liability when dog attacks occur on someone else’s property.
- Houston Nursing Home Abuse Attorney: Find out how premises liability applies to nursing home falls, inadequate supervision, and facility negligence.
- Home Depot Accident Lawyer: Discover your rights after slip and falls, falling merchandise, or other accidents at big-box retail stores.
- Can You Sue a Landlord for Apartment Accident Injuries in Texas?: Learn about landlord duties for balcony safety, lighting, and property maintenance that prevents tenant injuries.
- Who is Liable for Texas Apartment Fires?: Understand premises liability when landlord negligence contributes to fire damage and tenant injuries.
Settlements vs. Trials: What to Expect
Most Houston slip and fall cases resolve through pre-trial negotiations, but understanding both processes helps set proper expectations.
Settlement negotiations typically begin after we complete our investigation and document your damages. We’ll demand compensation covering all your losses and negotiate with the insurance company to reach a fair agreement. Settlements are faster and less stressful, but may result in lower compensation than a trial verdict.
Trial proceedings become necessary when insurance companies refuse to offer fair compensation. While trials take longer and involve more uncertainty, they can result in higher awards, especially if the property owner’s conduct was particularly negligent. Our experienced trial attorneys are prepared to present compelling evidence to a Houston jury when needed.
Throughout either process, we handle all communications with insurance adjusters and opposing counsel, allowing you to focus on your recovery.
Slip and Fall FAQ
Is a wet-floor sign a total defense?
Not always – placement and conspicuity matter. A wet floor sign doesn’t automatically prevent liability if it’s not placed where customers would reasonably see it. The sign must be positioned in the natural flow of foot traffic and clearly visible to provide an effective warning of the danger.
What if I am partly at fault?
You may still recover compensation, but it will be reduced by your share of fault. Texas uses modified comparative negligence, allowing recovery if you’re less than 51% at fault. If you’re 51% or more responsible, you cannot recover damages.
How long do I have to file a slip and fall claim?
Generally, two years in Texas from your accident date. Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for slip and fall cases. Any civil action should be filed within this two-year window or you may lose your right to compensation. Act fast to preserve evidence and protect your rights.
Will the store give me the video surveillance footage?
Not automatically – you must request it quickly to preserve evidence. Stores often record over surveillance footage within days or weeks. Contact our Houston slip and fall attorneys immediately to send preservation letters and secure this critical evidence before it’s destroyed.
What if I fell at a friend’s home?
Duties differ for social guests versus business invitees. Homeowners must eliminate or disclose unreasonably dangerous conditions they know about or should discover through reasonable inspection to social guests. While the duty is less strict than for business invitees, homeowners can still be held liable for failing to warn of known hazards.
How much is my slip and fall case worth?
Case values vary widely based on injury severity, medical expenses, lost wages, and the property owner’s degree of negligence. Our Houston premises liability lawyers will evaluate your specific circumstances and fight for maximum compensation covering all your damages.
See if video evidence can be preserved for your case. Contact our Houston slip and fall attorneys for immediate help protecting your claim.
According to OSHA, worker deaths in America are down. On average, from about 38 worker deaths a day in 1970 to 15 a day in 2023. Falls, slips, and trips accounted for 39.2 percent (421) of all construction fatalities according to the Bureau of Labor Statistics’ 2023 census data. External links: Bureau of Labor Statistics- Census of Fatal Occupational Injuries, OSHA Commonly Used Statistics
FAQ's
Are homeowner's responsible when a social guest is injured on their property?
Homeowners and landowners are responsible for eliminating and/or disclosing unreasonably dangerous conditions that they know of or should be aware of upon reasonable inspection to their social guests. Failure to do so can result in civil liability for personal injury damages.
Are homeowners liable to trespassers who are injured on their property?
In general, a property owner must not intentionally harm trespassers. However, if trespassers may be anticipated to expected, then a duty to warn can arise.
For example, if you maintain a condition likely to attract children such as a pool in an open yard, you can be held responsible to a child who trespasses to see the pool and falls in.
Another example, if you are aware people cross your land to get somewhere else and you do not stop them, they may be implied invitees giving rise to a duty.
Are Businesses responsible for slip and fall accidents?
The owner of any place where the general public is invited to come and shop or conduct business has a duty to conduct reasonable inspections to keep the premises safe for their patrons and may be held liable if they are negligent in carrying out their obligations. Failure to conduct reasonable inspections to identify unreasonably dangerous conditions and either remedy the condition or warn the public of the condition may result in the business owner’s liability for a patron’s injury. Thus, business owners must take steps to prevent slip and falls in their business.