Texas Slip and Fall & Premises Liability Lawyer
If you slipped, tripped, or were hurt on someone else's property in Texas, the law might require that property owner to compensate you — but only if you can prove what you were owed and that they failed to provide it. The level of duty depends on why you were there, and the rules favor the property owner unless the case is built carefully.
No fee unless we win. Available 24/7. Same-day response.
What to do after a slip and fall
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Report the incident — to a manager, in writing.
Ask the store, restaurant, or building manager to fill out an incident report. Get a copy. If they refuse, write your own and email it to them so the timestamp is preserved.
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Photograph the hazard before it's cleaned up.
Wet floor, broken tile, ice on a sidewalk, dim parking lot. Within minutes the hazard will be addressed and your evidence will be gone. Photo it from multiple angles. Get the labels off any cleaning carts or warning signs nearby.
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Get witness names and contact info.
Other shoppers, employees, anyone in the area. They will not be there when you come back. Their statement is evidence the property owner cannot suppress.
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Get medical care and document the link.
Tell the ER doctor exactly where and how the injury happened. Those notes are part of your evidence chain. 'Pain after a fall at Walmart' beats 'back pain' every time.
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Don't sign anything from their insurer.
Property owners' insurance carriers often offer small 'medical expense' payments quickly in exchange for releases of all claims. Have a lawyer read it first. Always.
Premises liability law in Texas — what they owed you
Texas premises law turns on which of three categories you fit into when you were injured. The property owner's duty changes based on the category.
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Invitees (highest duty)
If you entered for the property owner's benefit — a customer at a store, a guest at a hotel — the owner owes a duty to inspect, find dangers, and warn or fix them. This is the strongest category for plaintiffs.
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Licensees (middle duty)
If you entered with permission but for your own purposes — a social guest, a door-to-door visitor — the owner only has to warn you of known dangers. Constructive notice is not enough.
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Trespassers (lowest duty)
Property owners generally owe trespassers only a duty not to willfully harm them, with limited exceptions for children and known frequent trespassing.
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Open and obvious doctrine
Texas courts have expanded the 'open and obvious' defense — if a hazard was so visible that a reasonable person would have seen and avoided it, the owner may not be liable. We anticipate and counter this defense from day one.
Why Kent for premises liability
Slip-and-fall cases are won or lost on evidence preservation and how the case is framed for the jury. Property owners' insurance defense lawyers are very practiced at making these cases sound trivial. Kent's trial experience cuts through that.
Fast preservation letters
Surveillance video, sweep logs, maintenance records — they get destroyed on a schedule unless someone formally demands they be preserved. We send those letters within 48 hours.
Constructive notice arguments
Most slip-and-fall cases are decided on whether the owner had 'constructive notice' of the hazard — meaning, should they have known. Kent has tried these issues repeatedly.
Spanish-speaking staff for retail/service workers
Many of our slip-and-fall clients are retail customers and service workers. We handle the case in the language they're comfortable in.
Talk to Kent about your slip & fall / premises liability case.
Free consultation. No fee unless we win. Same-day response.
Slip & Fall / Premises Liability — frequently asked questions
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How long do I have to file a slip-and-fall case in Texas?
Two years from the date of the injury, under the same Texas Civil Practice & Remedies Code provision that governs other personal injury cases. But evidence (especially surveillance video) typically gets overwritten in 30–90 days, so practically the timeline is much tighter.
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What if there was a 'wet floor' sign nearby?
It complicates the case but doesn't end it. The question is whether the warning was reasonable for the actual hazard. A wet-floor sign 30 feet away from a spill, around a corner, may not have warned you of the actual danger. We'll evaluate it.
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What if I was partially at fault?
Same Texas comparative fault rule as other PI cases. As long as you're 50% or less at fault, you can still recover — your award is just reduced by your share. We work to keep that percentage as low as the facts honestly allow.
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What about apartment complexes and shootings?
Texas recognizes negligent security claims when an apartment complex, bar, or other property fails to provide adequate security and a foreseeable crime injures someone. These cases are complex and expert-heavy. We handle them.