Slip and fall accidents cause more emergency room visits in the United States than any other accident type except motor vehicle crashes. In Houston, these cases are common — and commonly undervalued by insurance companies. Here's what you need to know before filing a claim.
Elements of a Texas Slip and Fall Case
To succeed in a Texas premises liability claim, you must prove: (1) the property owner owed you a duty of care based on your status as an invitee, licensee, or trespasser; (2) they had actual or constructive knowledge of the dangerous condition; (3) they failed to repair, remove, or warn of the hazard; and (4) that failure was the proximate cause of your injury.
The 'Constructive Notice' Problem
Most slip and fall cases turn on constructive notice — whether the property owner 'should have known' about the condition even if they didn't actually know. Courts look at: how long the hazard was present, the frequency of inspections, and whether the condition was created by the property owner or an employee.
Time Limit for Filing in Texas
Two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. Evidence — particularly surveillance footage — is often overwritten within 30-90 days. Contact CDF Law immediately to preserve critical evidence.