Slip and Fall Injuries in Texas: Proving Premises Liability Claims
Slip and fall accidents are among the most common causes of serious injury in Texas. From wet floors in grocery stores to uneven pavement in parking lots, dangerous conditions on another person’s property can result in broken bones, traumatic brain injuries, spinal cord damage, and other life-altering injuries. When a property owner’s negligence creates or allows a dangerous condition to persist, Texas premises liability law may entitle the injured person to compensation.
Texas premises liability law categorizes visitors into three groups, each owed a different duty of care. An invitee is someone who enters the property with the owner’s knowledge and for the mutual benefit of both parties — the most common example being a customer in a retail store. A licensee enters with the owner’s permission but for the visitor’s own purpose — such as a social guest. A trespasser enters without permission. Property owners owe the highest duty of care to invitees: they must both warn of known dangerous conditions and make reasonable inspections to discover unknown dangers.
To prevail on a premises liability claim in Texas, an injured invitee must prove that: the property owner or occupier had actual or constructive knowledge of a dangerous condition; the condition posed an unreasonable risk of harm; the owner failed to exercise reasonable care to reduce or eliminate the risk; and the owner’s failure to exercise reasonable care proximately caused the plaintiff’s injuries. The ‘constructive knowledge’ element is often the most contested — you must show that the condition existed long enough that a reasonable property owner should have discovered it through ordinary inspection.
Evidence preservation is critical in slip and fall cases. If you are able, photograph the dangerous condition immediately — the wet floor, the broken step, the inadequate lighting. Note whether any warning signs or barriers were present. Identify any witnesses and obtain their contact information. Report the incident to the property manager and request that an incident report be completed. Seek medical attention promptly, even if your injuries initially seem minor.
Property owners frequently defend premises liability claims by arguing that the dangerous condition was ‘open and obvious’ — meaning that the plaintiff should have seen and avoided it. While Texas courts recognize this defense, it does not automatically bar recovery. The question is whether the property owner exercised reasonable care under the circumstances, considering factors such as the foreseeability of the harm, the likelihood of injury, and the burden of eliminating the condition.
About the Author: Jonathon G. Nixon is the managing attorney of Nixon Law PLLC, a Houston-based litigation firm focused on property insurance disputes, construction defects, personal injury, and commercial litigation. Contact Nixon Law PLLC at (713) 482-1523 or jnixon@nixon-law.com.