Slip and Fall Cases in Texas — What You Actually Have to Prove

The Legal Framework: Texas Premises Liability

Texas premises liability law distinguishes between the type of visitor you were at the time of injury. An invitee (a customer invited onto business premises for commercial purposes) is owed the highest duty of care — the property owner must use ordinary care to inspect the premises and make them safe. A licensee (a social guest) is owed a duty to warn of known dangers. A trespasser is owed almost no duty. Most slip and fall cases involve invitees — customers in retail stores, restaurants, or other business premises.  

What You Must Prove

To win a slip and fall case in Texas, you must prove: (1) the property owner had actual or constructive knowledge of the dangerous condition; (2) the condition posed an unreasonable risk of harm; (3) the owner failed to exercise reasonable care in addressing the condition; and (4) this failure was the proximate cause of your injury. The hardest element is usually knowledge — proving the owner knew or should have known about the hazard.  

Common Defense Strategies and How to Counter Them

Property owners and their insurers will argue: the hazard was 'open and obvious' (you should have seen and avoided it); you were comparatively at fault (you were distracted, wearing improper footwear); the hazard existed for too short a time for the owner to have known about it. Evidence that counters these arguments: surveillance footage showing the hazard existed for an extended period, prior incident reports, maintenance logs, and witness testimony.  

If you were injured in a slip and fall in Houston, call tel:(832)202-8409. The evidence window is short — contact Andrew today.