Texas premises liability law governs slip and fall cases. The rules differ depending on whether you were an invitee, licensee, or trespasser — and property owners fight these claims aggressively.
Statute of Limitations
Texas statute of limitations for slip and fall claims: 2 years from the date of the incident (Tex. Civ. Prac. & Rem. Code § 16.003). Claims against government-owned property require a formal notice of claim within 6 months.
In Texas, property owners owe the highest duty of care to invitees (customers, guests invited onto the property for business purposes). They must inspect the property for hazards, fix them, and warn of any they cannot immediately fix. Licensees (social guests) are owed a lesser duty — only to warn of known hazards. This distinction matters significantly to the value of your claim.
Texas-Specific Tip
Texas courts apply the 'open and obvious' doctrine aggressively — if a hazard was visible and you should have seen it, property owners can argue you assumed the risk. Document everything that may explain why the hazard was not obvious: poor lighting, distraction conditions, or the nature of the business.
📊 Slip and fall accidents are the leading cause of emergency room visits in Texas, accounting for over 800,000 ER visits annually across the state.
Report the incident to the property manager or owner immediately and get a written incident report
Photograph the hazard, surrounding conditions, lighting, signage, and your injuries
Send a written request to preserve all surveillance footage — Texas businesses often overwrite within 24-72 hours
Get contact information for all witnesses
Seek medical attention within 24 hours
Do NOT sign any documents the property owner or their insurer gives you
Preserve the footwear and clothing you were wearing — they are evidence
Contact a Texas premises liability attorney before speaking with the property's insurance company
To win a slip and fall case in Texas as an invitee, you must prove: (1) the property owner knew or should have known about the hazardous condition, (2) they failed to repair it or warn you of it, and (3) that failure caused your injuries. The key battleground is almost always whether the owner had actual or constructive notice of the hazard.
2 years from the date of the incident under Tex. Civ. Prac. & Rem. Code § 16.003. If the property is owned by a Texas government entity — a city, county, or state agency — you typically must file a formal notice of claim within 6 months and the rules are significantly different.
The key question is whether the store had notice — either because an employee created the wet condition, or because the condition had existed long enough that a reasonable inspection would have found it. Surveillance footage showing how long the wet floor existed before your fall is critical evidence. Demand its preservation immediately.
Possibly — but it is harder. Texas applies the open and obvious doctrine, which can reduce your recovery or potentially bar it entirely if you were aware of the risk and chose to encounter it anyway. However poor lighting, distraction conditions (like a store's own merchandise displays), or the nature of the business premises can overcome this defense.
No upfront cost. Contingency fees — you only pay if you win.
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