Key Takeaways: What Every Slip and Fall Victim Should Know
- You can recover even if you are 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.
Slip and fall accidents are no laughing matter. When a person walking suddenly has their feet slip out from under them because a stroke allowed a leak to continue or failed to put up warning signs while mopping, they can suffer serious head injuries and broken bones from the impact with the hard commercial-grade floor. If you or someone you know was hurt from a preventable slip and fall accident, talk to a Houston slip and fall accident lawyer to find out your rights before it is too late.
Call (713) 932-0777 for your free consultation today.
Do I Need a Houston Slip and Fall Lawyer?
If you do not have a lawyer looking out for you, do not expect the store to preserve evidence that proves they were liable for your fall.
Roughly 35% of all non-fatal injuries that send people to the doctor are falls, according to Injury Facts. These account for billions of dollars in medical bills and insurance claims. Slip and falls most commonly occur on commercial properties such as grocery stores, shopping malls, and retail stores. This is because they often have slick surfaces that are easy to keep clean. To a business, floor-related risk is simply a cost of doing business. Because of this, many businesses have risk management teams whose job is to help limit or prevent liability when a slip-and-fall occurs. Their job is to steer you away from things like critical video evidence of how the condition got there until the video can be “recycled” in accordance with store policy. If you don’t have a slip and fall accident attorney looking out for you, don’t expect the store to preserve evidence that proves it was liable for your fall. It simply will not happen.
Why Choose Simmons and Fletcher for Your Slip and Fall Case?
Since 1979, our slip and fall lawyers in Houston, TX, 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.
- Thoroughly investigate your accident 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.
What Our Clients Say
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
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 that she required a fusion. We litigated the case and recovered $955,000.00.
Houston Slip and Fall Practice Video
Attorney Paul H. Cannon discusses the difficulties victims face in proving liability in a slip-and-fall accident. Premises owners may mislead the victim until the evidence has been lawfully disposed of and permanently destroyed. Don’t let them victimize you again. Learn your rights after a slip-and-fall accident.
What To Do After a Slip and Fall Accident
After a slip and fall accident in Houston, what you do in the first hours and days can significantly affect 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: Ask the store or property owner to 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 A Slip and Fall Accident Lawyer Can 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 lawsuit, a slip and fall attorney 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 Slip and Fall Claims Our Attorneys Handle
Our Houston slip and fall attorneys handle premises liability cases throughout the Greater Houston area, from downtown businesses to suburban shopping centers.
Falls in 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.
Slips in 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.
From our law firm on Houston’s West Side, we represent clients 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
- Home Depot Accident Lawyer: Discover your rights after slip and falls, falling merchandise, or other accidents at big-box retail stores.
- Are Texas Business Owners Liable for Falls? Learn when a business owner is or is not liable for a fall on their property.
- A Business Owner’s Guide to Preventing Slip and Fall Accidents. Learn how to stop them before they happen.
- Fall Prevention in Elderly People’s Homes. Tips and tricks to make your home safer for those who are unsteady.
- How Long Does it Take to Settle a Slip and Fall Case in Texas? Understand the process from fall to finish in slip-and-fall matters.
- Spoliation of Evidence: Preserving the Video in a Slip and Fall Case. Learn how and what to preserve in a slip and fall case.
- Can You Make a Claim For a Slip and Fall in a Mall? Learn when you can make a claim for a fall at the mall.
Get a Consult With a Houston Slip and Fall Attorney Today!
Simmons and Fletcher, P.C., stands ready to answer your questions with a free consultation. If we can help, we take your case on a contingency fee basis–meaning you pay zero up front and reimburse none of our expenses unless we make a recovery for you. Find out your rights today by calling (713) 932-0777.
FAQ's
Are homeowner's responsible when a social guest is injured on their property?
Homeowners and landowners must eliminate or disclose unreasonably dangerous conditions they know of or should know about through a 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 shop or conduct business has a duty to conduct reasonable inspections to keep the premises safe for patrons and may be held liable if they negligently fail to meet that duty. Failing to conduct reasonable inspections to identify unreasonably dangerous conditions and either remedy them or warn the public 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.
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 if i ask for it?
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.
