Texas Slip and Fall Lawyer

Slip and fall accidents can happen anywhere — grocery stores, restaurants, hotels, office buildings, apartment complexes, gas stations, and parking lots. The Texas Department of Insurance reports thousands of slip and fall injuries every year, and the resulting broken bones, head injuries, and spinal injuries are often severe. Proving a Texas slip and fall case is legally challenging, however, because Texas imposes strict requirements on invitee premises liability cases. A Texas slip and fall lawyer at McFarlane Law knows how to satisfy the “knowledge” element that makes or breaks these cases.

Texas Premises Liability: The Invitee Rule

Texas categorizes people on property as invitees, licensees, or trespassers. Customers at stores, diners at restaurants, guests at hotels, and tenants at apartments are typically “invitees” — business visitors owed the highest duty of care. The property owner must exercise ordinary care to make the premises reasonably safe, inspect for dangerous conditions, warn of or cure known hazards, and maintain the premises. Licensees (social guests) receive a lower duty; trespassers receive the lowest duty (mainly to avoid intentional or gross negligence injuries). The category determines the standard — and the plaintiff’s status at the time of the fall is litigated when disputes arise.

The Knowledge Element: Why Slip and Falls Are Hard

Texas law (CMH Homes v. Daenen; CompUSA v. Massey) requires an invitee plaintiff to prove that the property owner had actual or constructive knowledge of the dangerous condition that caused the fall. Constructive knowledge means the condition existed long enough that a reasonable owner should have discovered it. This is often the hardest element to prove — without surveillance video or incident reports showing the spill existed for hours, defendants argue they had no time to learn of it. McFarlane Law subpoenas store surveillance video (often purged in 7 to 30 days, making speed critical), employee training records, inspection logs, and prior incident reports to build the knowledge case. We also use “mode of operation” theories in appropriate cases, and negligent-design theories when the fall resulted from a static condition the owner created.

Common Texas Slip and Fall Injuries

Slip and fall injuries often involve impacts to the wrist, hip, knee, back, and head. Wrist and hand fractures are extremely common as victims reach out to break the fall. Hip fractures — particularly in older victims — frequently require surgery and result in permanent mobility limitations. Knee injuries include ligament tears (ACL, MCL, meniscus) requiring arthroscopic surgery. Back injuries range from muscular strains to herniated discs requiring surgery. Head injuries include concussions and traumatic brain injuries when the victim strikes the floor or a fixture on the way down. Older victims face much higher complication and mortality rates from slip and fall injuries. Serious falls can result in seven-figure damages models in the right case.

What to Do After a Texas Slip and Fall

Report the fall immediately to a manager or employee. Request a written incident report and keep a copy. Photograph the fall location, the hazard that caused it, and your injuries. Note what you were wearing (shoes matter for defense arguments). Get names and contact information for witnesses. Seek prompt medical attention — delayed care is used against plaintiffs. Do not give recorded statements to the property owner’s insurance carrier without a lawyer. Preserve any clothing or footwear as evidence. And call McFarlane Law as soon as possible — surveillance video is typically purged within 7 to 30 days and must be preserved by litigation-hold letter before it disappears.

Related Practice Areas

Related: Texas premises liability lawyer, types of personal injury cases, dealing with insurance. Hub: Texas personal injury lawyer.

Talk to a Texas Injury Lawyer Today

If you were injured in a Texas slip and fall, call McFarlane Law today before surveillance video is erased. Free consult. Austin (512) 222-4900, Odessa (432) 803-5000.