A fall on someone else’s property can leave you with a broken wrist or a back that keeps you off work, while the owner’s insurer asks what you did wrong. A Texas fall case is not won by proving you fell. It is won by proving the owner knew about the hazard, or should have known, and failed to fix it or warn about it. A Houston slip and fall lawyer can also tell you which deadline applies, because a fall on city property runs on a far shorter clock.
Jones Injury Law Group represents people seriously hurt in falls at apartment complexes, stores, restaurants, and public buildings across Houston and Harris County. Call (713) 714-6519 or contact us to tell us what happened. We are not a volume practice, so each case gets real attention.
Why Choose Jones Injury Law Group for a Houston Fall Case
A fall case turns on proof of what the owner knew, and that proof lives in records the owner controls, from cleaning logs to a few seconds of video. Audia Jones tried felony cases as a prosecutor in the Harris County District Attorney’s Office, where every case had to stand on its evidence. DaSean Jones presided over more than 70 jury trials as a Harris County district judge and has seen firsthand which evidence jurors believe.
Because camera footage can be recorded over before anyone asks for it, gathering that proof comes first. Our team collects surveillance video, interviews witnesses, and reviews maintenance records to piece together what happened before the fall.
Houston Slip and Fall Claims and What They Cover
A slip and fall claim is a type of premises liability case, the law that holds a property owner or occupier responsible for injuries caused by unsafe conditions. Falls are one part of the premises liability claims we handle, alongside falling merchandise, parking lot hazards, and security failures. Hazards behind fall cases include:
- Spills, standing water, or freshly mopped hard floors
- Broken, loose, or uneven stair treads
- Torn carpet, raised flooring, and cracked walkways
- Poor lighting in parking areas and stairwells
What Do You Have to Prove Against a Houston Property Owner?
Texas courts have generally required an injured invitee, someone on the property for the owner’s business, such as a shopper, to establish four elements:
- Knowledge: The owner actually knew about the condition or reasonably should have known about it.
- Unreasonable risk: The condition posed an unreasonable risk of harm.
- Failure to act: The owner did not use reasonable care to reduce or eliminate the risk.
- Causation: That failure caused the injury.
“Should have known” often turns on time. Courts look at how long a hazard existed before the fall, since a spill that sat for an hour supports a different conclusion than one made seconds earlier. A social guest, called a licensee, is owed less than an invitee: generally a warning about dangers the owner actually knew of and the guest did not.
How Long Do You Have to File a Slip and Fall Claim in Texas?
In Texas, you generally have two years from the day of your fall to file a slip and fall lawsuit. That deadline, the Texas slip and fall statute of limitations, comes from Section 16.003 of the Texas Civil Practice and Remedies Code. A late case is generally barred, however strong the evidence.
One exception matters to families. Under Section 16.001 of the Texas Civil Practice and Remedies Code, time does not count against a person who was younger than 18 or of unsound mind when the claim arose. A disability that begins later does not pause the clock.
What Evidence Decides a Houston Slip and Fall Case
Fall evidence can disappear long before the filing deadline. The proof that matters most includes:
- Photos of the hazard: Pictures taken right after the fall capture the condition before anyone cleans up.
- Surveillance video: Footage can show how long the hazard sat and whether employees walked past it.
- The incident report: A manager’s written report locks in the date, time, and place.
- Witness names: Anyone who saw the fall or the hazard can confirm what happened.
- Early medical records: Prompt treatment ties the injury to the fall.
What If You Fell on City, County, or METRO Property?
Falls at City of Houston libraries, Harris County buildings, and Metropolitan Transit Authority of Harris County (METRO) stations are governed by the Texas Tort Claims Act, the state law that sets when and how a government can be sued. Watching only the ordinary two-year deadline can cost someone the claim, because an earlier notice deadline comes first.
The first difference is notice. Section 101.101 of the Texas Civil Practice and Remedies Code entitles a governmental unit to notice of a claim within six months of the incident, reasonably describing the injury, the time and place, and the incident itself. The same law also honors shorter deadlines set in a city charter, and Houston’s charter sets one: the city requires a written notice, signed before a notary, delivered to the mayor and city council within 90 days of the injury. The City of Houston Legal Department lists what that notice must contain. Formal notice is excused if the government already has actual notice of the death, injury, or property damage.
The second difference is the duty owed. Under Section 101.022 of the Texas Civil Practice and Remedies Code, a governmental unit generally owes only the duty a private owner owes a licensee, a lower standard than a store owes its customers, unless the injured person paid to use the property.
What If the Property Owner Blames You for the Fall?
Being partly at fault does not automatically end a Texas slip and fall claim. Under Section 33.001 of the Texas Civil Practice and Remedies Code, recovery is barred only when your share of responsibility is greater than 50%. Below that line, Section 33.012 of the Texas Civil Practice and Remedies Code reduces the damages by your percentage.
On a hypothetical $100,000 award, an injured person found 20% responsible would recover $80,000, which is arithmetic, not a prediction. Property owners may argue the hazard was obvious, since a larger share of fault can shrink an award or push a claim past the 50% line.
What Damages Can You Recover After a Fall in Houston?
The damages behind Texas slip and fall settlement value generally come down to three categories:
- Medical treatment already received, and treatment still ahead
- Lost wages and lost earning capacity
- Physical pain and mental anguish
The billed number leads many people to overestimate a case. Under Section 41.0105 of the Texas Civil Practice and Remedies Code, recovery of medical expenses is limited to the amount actually paid or incurred, so a bill an insurer adjusts down before payment supports the adjusted figure, not the original. Head and spinal cord injuries that need lifelong care are valued like other catastrophic injury cases, with future treatment and lost earning capacity driving the numbers.
Houston Slip and Fall FAQs
Does It Matter If I Fell at My Own Apartment Complex?
It can. A fall in a stairwell, walkway, or parking lot is one kind of apartment accident. Under Texas case law, a landlord that keeps control of those common areas generally owes a duty to keep them reasonably safe. A fall inside your own unit is a different question, since the tenant typically controls that space. The lease, the exact location, and any earlier repair requests all bear on responsibility.
Should I Give the Property Owner’s Insurer a Recorded Statement?
An adjuster may call early to ask for a recorded statement or offer a quick settlement. Many people talk with a lawyer first, because a statement given while still in pain can be used to shift blame, and a signed release generally ends the claim, including costs that have not shown up yet.
What If There Was a Wet Floor Sign?
A warning can satisfy an owner’s duty in some situations, but a sign does not automatically end a claim. The questions become whether a reasonable person would have seen it, whether it warned of the actual hazard, and whether the condition should have been cleaned up instead.
Talk to a Houston Slip and Fall Lawyer at Jones Injury Law Group
Healing from a serious fall takes time, and the deadlines on your claim keep running while you do. Jones Injury Law Group can look at where and how you fell and what evidence to save now. If you are looking for a Houston slip and fall lawyer, call (713) 714-6519 to reach our intake team, or contact us.