Slip & Fall Accident

Slip and Fall Lawyers Protecting Your Rights

Slip and fall, also known as slip, trip, and fall, is a term used to describe a type of personal injury accident arising from a variety of hazardous conditions. The owner of the property where an injury occurs may be liable. However, if the owner exercised reasonable care, such as posting warning signs, immediately removing snow from walkways, and using a de-icer to remedy the hazard, or if the owner did not know about the dangerous condition, they may not be liable.

Examples of hazardous conditions that may cause serious injury include, but are not limited to, floors, sidewalks, or steps that are wet from water, ice, snow, or spilled substances. Poorly lit areas; slick, rough, or uneven flooring, as well as obscured holes or open pits in yards and common areas, also represent unexpected danger.

When you slip, trip, or fall and are injured on someone else’s land or at a place of business, or if you are the owner of land or property where someone sustains a serious injury, you will have a time limit in which you may file a claim. You may benefit from speaking with a lawyer about your situation. Contact Bailey & Galyen today to schedule a free appointment!

Understanding Premises Liability in Texas

In Texas, your ability to recover compensation depends on your legal classification at the time of the incident. Property owners owe different duties of care depending on why you were on the property.

In Texas, entrants are categorized into three distinct groups:

Invitees: Customers at a retail store or restaurant. Owners owe the highest duty of care to invitees.
Licensees: These are social guests or individuals entering the land for their own purposes (like a utility meter reader). Owners must warn licensees of non-obvious, hazardous conditions they are actually aware of.
Trespassers: Individuals on the property without legal right or consent. While the duty of care is minimal, Texas law still prohibits owners from causing injury through willful, wanton, or grossly negligent conduct.

Understanding these categories helps determine how responsibility may be assigned in a slip and fall case. Each situation is different, and the details of the accident will affect how the law applies.

What Really Causes Slip and Fall Accidents?

Most people assume a slip and fall is just about a wet floor, but the reality is usually more complicated. Hazards can hide in plain sight, and they often happen because someone responsible wasn’t paying attention.

These types of hazards often include:

Property Neglect: Walking shouldn't be a risk. There are cases involving loose handrails that give way, broken stairs, or carpeting that has been allowed to tear and bunch up.
Poor Visibility & Clutter: A dimly lit parking garage or a stray box left in a grocery store aisle can lead to a disaster in seconds.
Texas Weather: When a storm hits, building owners have a duty to keep their entrances clear of puddles and ice so you don't lose your footing the moment you walk inside.
Unexpected Traps: Sometimes the danger is literally hidden, like a hole in the grass at an apartment complex or a sudden change in floor height that has no warning sign.

Whether you were at work, running errands, or visiting a friend’s apartment, a Texas slip and fall accident attorney can help you figure out if your injury was preventable.

How to Prove Negligence

A claim typically requires showing that the property owner was negligent. This usually requires showing that the owner knew about the dangerous condition.

There are three ways to prove this:

Actual Notice: The owner or an employee actually knew the hazard existed (e.g., a customer told them about a spill).
Constructive Notice: The hazard existed for such a long time that the owner should have discovered it through reasonable inspection.
Creation of the Hazard: The owner or an employee actually created the dangerous condition (e.g., an employee mopped the floor but failed to put up a "Caution" sign).

Proving “constructive notice” is often the most difficult part of a claim. This may involve reviewing security camera footage, maintenance logs, and witness statements to build a timeline of how long the danger was present.

What to Do Immediately After a Slip and Fall

The steps you take in the minutes and hours following an accident can significantly impact your ability to recover compensation.

If you are physically able, follow these steps:

Report the Incident: Tell the manager or property owner immediately. Ask for a written incident report and a copy for your records.
Document the Scene: Use your phone to take photos of exactly what caused you to fall. Capture the hazard from multiple angles and take photos of the surrounding area (including any missing warning signs).
Identify Witnesses: Get names and phone numbers of anyone who saw the fall or the condition of the floor.
Seek Medical Attention: Even if you feel fine, some injuries, like concussions or internal bruising, don't show symptoms immediately. A medical record creates a direct link between the accident and your injuries.
Consider speaking with a Texas slip and fall accident lawyer: Do not provide a recorded statement to an insurance adjuster until you have spoken with a lawyer.

Common Injuries in a Slip and Fall Accident in Texas

Slip and fall accidents can cause a wide range of injuries. Some may appear minor at first, but can become more serious over time. The type of injury often depends on how the fall happened and the surface involved.

Common injuries in a Texas slip and fall accident include:

Broken Bones: Fractures are common, especially in the wrists, arms, hips, and ankles. These often happen when someone tries to catch themselves during a fall.
Head Injuries: A fall can lead to a concussion or other head injury. Symptoms may not show right away, so it is important to get checked.
Back and Spinal Injuries: Injuries to the back or spine can affect movement and daily life. Some may require ongoing care.
Soft Tissue Injuries: Sprains, strains, and tears can affect muscles, ligaments, and tendons. These injuries can limit mobility and cause lasting discomfort.
Cuts and Bruises: Some injuries are visible right away, while others may develop later. Even minor injuries should be documented.

It is important to seek medical care after a fall, even if the injury does not seem serious at first.

Types of Compensation Available in Texas

A serious fall can result in mounting debt and lost time at work. In a premises liability lawsuit, you may be eligible to recover compensation.

These include:

Medical Bills: Coverage for ER visits, surgeries, physical therapy, and future medical needs
Lost Wages: Compensation for the time you missed at work while recovering
Loss of Earning Capacity: If your injury prevents you from returning to your previous career
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident
Disability or Disfigurement: Additional compensation if the accident resulted in permanent physical changes

Understanding Modified Comparative Negligence in Texas

A common concern for many clients is whether they can still seek legal help if they were partially at fault. For instance, perhaps you were momentarily distracted by your phone or failed to see a poorly placed warning sign. Under Texas law, you may still be able to seek compensation even if you played a small role in the accident.

Texas follows a legal doctrine known as modified comparative negligence. Under this doctrine, when fault is shared, your compensation is reduced based on your percentage of responsibility. This means your percentage of fault is subtracted from the total amount of compensation you would otherwise receive. In other words, the more fault assigned to you, the lower your potential recovery. For example, if your total compensation totals $100,000, but the court finds you were 30% at fault, your final award would be $70,000.

Texas also follows the 51% bar rule, which allows an injured person to recover compensation as long as their responsibility for the accident is not greater than 50%. However, if a judge or jury decides you were 51% or more responsible for your fall, you are legally barred from recovering any compensation from the property owner.

The Statute of Limitations for Texas Property Claims

In the legal world, timing is everything. If you wait too long to take action, you may lose your right to seek justice forever. In Texas, the statute of limitations for a personal injury claim is generally two years from the date of the accident. You must settle your claim or file a lawsuit within this window.

While two years may seem like a long time, it moves quickly when you are focused on medical recovery.

A lawyer needs this time to:

Secure Evidence: Some evidence, like surveillance recordings, can disappear if not preserved as soon as possible.
Identify Witnesses: Interview people while their memories are fresh.
Audit Records: Review the store’s cleaning logs and maintenance checklists to see if the floor was actually inspected.
Consult Experts: Work with medical professionals to value the costs of your long-term care.

The timeline is often much shorter if your accident happened on government property, such as a sidewalk or post office. In these cases, you may need to file a Notice of Claim within 6 months or even as little as 90 days in some Texas cities. Starting early is the best way to protect your claim.

Contact Us

The personal injury lawyers at the law firm of Bailey & Galyen will gather evidence to document the hazardous condition, the extent of your injuries, and your medical expenses. If an investigation of the circumstances surrounding your slip and fall injury indicates the property owner was negligent, our attorneys may assist you in pursuing a lawsuit to recover compensation for your injury.

Personal injury lawsuits are complicated and expensive to mount, and that is why we handle cases on a contingency fee basis, which means fees are typically only paid if compensation is recovered. If you’ve been injured in a slip and fall accident, we offer a free case evaluation that enables our team to provide an accurate assessment of your slip and fall injury.

Frequently Asked Questions

Do not sign anything immediately. While you should report the accident, signing a statement could accidentally admit fault. Simply provide your contact information and tell them you need to speak with a slip and fall accident lawyer first.

Yes. Property owners have a legal duty to warn guests of known hazards. If they knew the floor was wet and failed to put up a sign or block the area, they may be held liable for your injuries.

Landlords and property managers are responsible for keeping common areas safe. If you tripped over loose carpeting or fell due to poor lighting in a stairwell, you may have a premises liability claim against the complex’s management or owner.

Seeing a doctor creates a medical record that links your injuries directly to the accident. Without these records, insurance companies may claim your pain was caused by something else. Following your doctor’s treatment plan helps create a clear record of your injuries and how they affect your daily life.

Yes. Under Texas law, a negligent party is responsible for any “aggravation” of a pre-existing condition. If the fall made your previous injury worse, you are entitled to compensation for that additional pain and medical treatment.

Photos of the hazard, like the spill or broken step, and security camera footage are important evidence. Witness contact information and a copy of the official incident report are also important for proving the property owner’s negligence.

Insurance adjusters review claims on behalf of the property owner. It is important to be careful when giving statements or sharing information. Speaking with a lawyer can help you understand your options.

Meet Your Personal Injury Attorneys

Phillip Galyen

President and CEO

James Bridge

COO & Firm Managing Attorney

Michael Galyen

Executive Vice President

Stephen C. Maxwell

Personal Injury Attorney

Daniel P. Sullivan

Personal Injury Attorney

Ana Lee Gonzalez

Personal Injury Attorney

Benton Gann

Personal Injury Attorney

Clint Lee

Catastrophic Injury Attorney

H. John Gutierrez

Personal Injury Attorney

Kern A. Lewis

Personal Injury Attorney

Scott Robelen

Personal Injury Attorney

Tyler D. Baker

Personal Injury Attorney

Steven Pierret

Personal Injury Attorney

Kimberlee Markle

Pre-Litigation Managing Attorney

Carin Evans

Catastrophic Injury Attorney

Injury Case Results

Bailey & Galyen’s personal injury attorneys have tried more than 500 cases to jury verdict. Explore real case outcomes that show our experience, scale, and commitment to winning.

View All Results

$108,000,000

Pharmaceutical Product Liability Litigation

Involving approximately 1,300 clients. Net to clients approximately $45,951,529.84.

$24,750,000

Product Liability

Client suffered traumatic brain injury. Net to client $14,787,020.00.

$7,500,000

Motor Vehicle Accident

Collision resulting in death of 40‑year‑old woman after a truck driver ran a red light while on his cell phone. Net to client $4,473,372.00.

$5,185,000

Motor Vehicle Accident

Collision involving commercial delivery truck resulting in traumatic brain injury to 50‑plus‑year‑old woman. Net to client $3,073,000.00.

$4,000,000

Injury by Delivery Service

Client suffered a severe back injury requiring surgical repair after being struck by equipment dropped by delivery service. Net to client $2,371,250.00.

$3,500,000

Workplace Injury

Crush injury to back. Net to client $2,500,000.00.

$2,500,000

Medical Negligence

Client suffered traumatic brain injury. Net to client $1,500,000.00.

$2,500,000

Workplace Injury

Client suffered a crushed pelvis in a workplace injury. Net to client $1,481,248.00.

$2,000,000

Motor Vehicle Accident

Client was paralyzed from waist down. Net to client $1,152,017.00.

$1,800,000

Commercial Vehicle Accident

Client was killed in a motor vehicle accident with a company vehicle where the defendant driver fell asleep at the wheel. Net to client $827,789.87.

$1,750,385.01

Non-Subscriber Work Injury

Net to client $1,049,317. Client sustained an amputation injury after being struck by a heavy construction vehicle while at work.

$1,100,000

Motor Vehicle Accident

Client suffered traumatic brain injury. Pre-trial settlement of full insurance coverage available $1,100,000.00. Net to client $681,865.00.

$1,061,882

Premises Liability

Minor killed in an ATV rollover accident. Net to client $588,153.19.

$860,000

Premises Liability

Client was injured after the salon chair they were in collapsed due to the chair not being bolted properly causing injuries to client’s head, back, hip, and left leg. Net to client $509,000.00.

$850,000

Non-Subscriber Work Injury

Forklift accident causing severe foot injury and disfigurement. Net to client $209,338.29.

$850,000

Non-Subscriber Workplace Injury

Client was injured after being involved in a forklift accident, causing serious neck injury. Net to Client $528,761.98.

$830,000

Commercial Vehicle Accident

Driver crossed into our client’s lane, hitting him head on. Multiple fractured bones, including pelvis, ribs, and sternum. Net to client $555,796.56.

$775,000

Commercial Vehicle Accident

Client was struck head on by an 18-wheeler that failed to stay within its lane. Client suffered severe injuries including a fractured spine. Net to client $226,808.29.

$750,000

Motor Vehicle Accident

Client was struck by a driver making an unsafe lane change on the highway suffering severe injuries. Net to client $392,135.51.

$750,000

Commercial Vehicle Accident

Single vehicle accident, client’s 18-wheeler was improperly repaired by a mechanic rendering the vehicle inoperable on the highway causing severe injuries to the client. Net to client $216,826.65.

$650,000

Non-Subscriber Work Injury

Forklift accident causing amputation of one leg below the knee. Net to client $240,649.27.

$575,000

Commercial Vehicle Accident

Client was rear-ended by a commercial pickup truck injuring their back, neck, and head. Net to client $206,174.95.

$550,000

Commercial Vehicle Accident

Client was involved in a multi-car accident causing head, neck, and back injuries. Net to client $216,294.49.

$500,000

Motor Vehicle Accident

Client suffered concussion and neck injury. Net to client $321,110.

$465,000

Motor Vehicle Accident

Client was struck by a speeding vehicle causing injuries to their head, back, and shoulder. Net to client $188,685.33.

$385,594

RideShare Motor Vehicle Accident

Client passenger in rideshare vehicle when hit by stolen car. Net to client $165,000.

$381,405

Motor Vehicle Accident

Client received whiplash injury in multi-vehicle accident. Net to client $102,000.

$379,294

Rear-End Accident

Client in small car rear-ended by pickup. Net to client $206,000.

$379,294

Rear End Accident

Client in small car rear-ended by pickup. Net to client $206,000.

$377,405

Workplace Injury

Client whose non-dominant hand caught in a machine at his workplace. Net to client $267,000.

$370,000

Commercial Vehicle Accident

Single car accident where the client was a passenger. The driver flipped the vehicle, causing knee and back injuries to the client. Net to client $247,344.16.

$320,000

Commercial Vehicle Accident

Client was injured after a commercial vehicle failed to yield right of way, resulting in a collision. Net to client $204,207.

Slip & Fall Accident

Injury Case Results

$108,000,000

Pharmaceutical Product Liability Litigation

$24,750,000

Product Liability

$7,500,000

Motor Vehicle Accident

$5,185,000

Motor Vehicle Accident

$4,000,000

Injury by Delivery Service

$3,500,000

Workplace Injury

$2,500,000

Medical Negligence

$2,500,000

Workplace Injury

$2,000,000

Motor Vehicle Accident

$1,800,000

Commercial Vehicle Accident

$1,750,385.01

Non-Subscriber Work Injury

$1,100,000

Motor Vehicle Accident

$1,061,882

Premises Liability

$860,000

Premises Liability

$850,000

Non-Subscriber Work Injury

$850,000

Non-Subscriber Workplace Injury

$830,000

Commercial Vehicle Accident

$775,000

Commercial Vehicle Accident

$750,000

Motor Vehicle Accident

$750,000

Commercial Vehicle Accident

$650,000

Non-Subscriber Work Injury

$575,000

Commercial Vehicle Accident

$550,000

Commercial Vehicle Accident

$500,000

Motor Vehicle Accident

$465,000

Motor Vehicle Accident

$385,594

RideShare Motor Vehicle Accident

$381,405

Motor Vehicle Accident

$379,294

Rear-End Accident

$379,294

Rear End Accident

$377,405

Workplace Injury

$370,000

Commercial Vehicle Accident

$320,000

Commercial Vehicle Accident

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