Slip and Fall Injuries During Wet Weather: Your Rights When Negligence Causes Injury
November and December bring increased rainfall to Texas, and with it comes a spike in slip and fall accidents. Wet floors in retail stores, slippery parking lots, and inadequate drainage creating puddles are common hazards during rainy seasons. When a property owner’s negligence creates or fails to address these hazards, injured parties may be entitled to compensation under Texas premises liability law.
Under Texas law, property owners owe different duties of care depending on the visitor’s status. An invitee — such as a customer in a retail store — is owed the highest duty of care. The property owner must both warn of known dangerous conditions and make reasonable inspections to discover unknown dangers. If a property owner fails to inspect for hazards or fails to warn of known hazards, and an invitee is injured as a result, the property owner may be liable.
To prevail on a premises liability claim in Texas, you must prove that: the property owner had actual or constructive knowledge of the 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 proximately caused your 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.
In slip and fall cases involving wet floors, the question often becomes: how long had the hazard existed before the accident? If a customer spilled liquid on the floor just moments before your accident, the property owner may not have had time to discover and address the hazard. However, if the floor had been wet for an extended period, or if the property owner had notice of a leak or drainage problem, constructive knowledge may be established.
Evidence preservation is critical in slip and fall cases. If you are able, photograph the hazardous condition immediately — the wet floor, the inadequate drainage, any warning signs (or lack thereof). Identify and obtain contact information from witnesses who saw the condition before your fall. Report the incident to the property manager and request that an incident report be completed. Seek medical attention promptly and preserve all medical records.
Property owners frequently defend slip and fall claims by arguing that the hazard was ‘open and obvious’ — meaning you 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 harm 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.