Slip and Fall Injuries at Stores and Businesses in Texas

Your Injury Claim · Liz Valdez Garza · 2026-10-18

Slip and fall injuries happen in grocery stores, restaurants, parking lots, apartment complexes and big-box stores every day. Some are minor. Others cause broken hips, back injuries and head trauma that change a person's life.

Premises liability in Texas

Property owners and businesses have a duty to keep their premises reasonably safe for customers. A slip-and-fall case is called a premises liability claim. For customers (called "invitees"), you generally must show:

  1. The owner or business knew, or reasonably should have known, about the dangerous condition
  2. The condition posed an unreasonable risk of harm
  3. The owner failed to use reasonable care to fix it or warn about it
  4. That failure caused your injury

The "knew or should have known" part

This is often the key fight. Stores frequently argue they didn't know about a spill. Evidence that can help includes:

  • How long the hazard was there (dirt, footprints and cart tracks through a spill suggest time passed)
  • Employees nearby who should have noticed
  • Prior complaints or a recurring problem, like a leaking cooler
  • Surveillance video showing the hazard before your fall

Common hazards

  • Spills, leaks and freshly mopped floors without warning signs
  • Broken or uneven stairs and sidewalks
  • Poor lighting in stairwells and parking lots
  • Loose mats and torn carpeting
  • Merchandise falling from shelves

Comparative fault still applies

Businesses often argue the hazard was "open and obvious" or that you weren't watching where you were going. Under Texas law, your recovery is reduced by your share of fault and barred if you're found more than 50% responsible.

What to do after a fall

  1. Report the fall to a manager and ask for an incident report.
  2. Photograph the hazard, the area and your shoes.
  3. Get names of witnesses and employees.
  4. Get medical care right away.
  5. Ask that video be preserved — and talk to an attorney quickly, before it's recorded over.

If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.

Frequently Asked Questions

Do I have to prove the store knew about the spill?

Generally you must show the business knew or reasonably should have known about the hazard. Evidence of how long it was there often makes the difference.

What if there was a wet floor sign?

A proper warning may affect the case, but it isn't always the end of it. The details matter — where the sign was and whether it was adequate.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662