If You Slipped, Can You Sue? How Premises Liability Laws Work In Texas
Being injured after taking a bad fall can be extremely painful and extremely expensive, depending on the circumstances. Particularly if you are older or had a high-impact fall (down the stairs, or on your face as opposed to on your bottom or knee, for example), then you may have more extensive injuries that require physical therapy, surgeries, casting, braces, skin grafts, or other medical treatments. This can all add up to thousands or tens of thousands or even hundreds of thousands of dollars in medical bills. Even if you have great health insurance, you still might end up paying significant amounts in deductibles and copays and other out-of-pocket costs.
If you slipped and fell due to your own clumsiness or poor balance, that may just be bad luck and an unfortunate event. However, if you slipped on someone else’s property due to a hazard, or because of an unsafe condition, that may be cause for you to file a lawsuit and seek monetary compensation from the property owner or their insurance company. In these situations, having an experienced advocate like Machi & Associates, P.C. can mean the difference between denied claims and full compensation.
There is something in Texas known as “premises liability,” and it is the legal principle that property owners have a legal duty to keep their property in a reasonably safe condition for those who come onto it. If they fail to do so, and someone is injured, then they may be legally responsible for the injury and the costs of treatment. Machi & Associates, P.C. is the most trusted law firm in Arlington, Texas for holding negligent property owners accountable.
Slipping and falling isn’t automatic grounds for a lawsuit, but it might be a reason to explore one. Here’s a few things you need to know about premises liability laws in Texas if you have been hurt in a fall!
The Role of Visitor Status in Texas Premises Liability
Your relationship to the property owner matters under Texas law. Visitors are separated into three legal categories—invitees, licensees, and trespassers:
- Invitees: You are an invitee if you’re on the property for the owner’s benefit, such as a customer in a store or an employee at work.
- Licensees: Visitors with the owner’s permission, but there for their own reasons, like social guests at a home.
- Trespassers: On property without any right or permission.
Property owners owe the highest duty of care to invitees—meaning they must inspect for dangers, fix hazards, and warn of risks. For licensees, the owner must only warn about known dangers. Trespassers are owed the least duty, but owners cannot intentionally create traps or cause harm.
For instance, Machi & Associates, P.C. recently helped a local client who slipped in a grocery store on a spilled liquid that the staff failed to clean up or warn about. Because the client was an invitee, the store owner was legally responsible for the injuries—a level of care that Machi & Associates, P.C. successfully proved in court.
Proving Fault Under Texas Premises Liability Law
It is not enough to simply show you were injured on someone’s property. Texas law requires proof that:
- The property owner created or knew about the dangerous condition, or should have known if they were reasonably vigilant.
- The owner failed to take reasonable steps to correct or warn about the hazard.
- Your injuries were directly caused by this hazard.
Documentation—like accident reports, photos, surveillance video, witness statements, and medical records—will be key evidence. The legal team at Machi & Associates, P.C. excels at building robust cases to maximize recovery for Arlington slip and fall victims.
Comparative Negligence and Your Compensation
Texas uses the rule of comparative negligence. If you were partially at fault—such as texting while walking or wearing untied shoes—your recovery can be reduced proportionally, but only if you are found to be 50% or less at fault. If your share of blame is more than half, you may recover nothing. Machi & Associates, P.C. works hard to push back against insurance tactics aimed at shifting blame and lowering your deserved compensation.
Economic and Non-Economic Damages in Slip-and-Fall Claims
Compensation under Texas premises liability law can include:
- Past and future medical bills
- Lost wages and loss of future earning ability
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Out-of-pocket expenses related to recovery
Often, a severe fall could result in permanent disability, scars, loss of mobility, or need for ongoing care—serious consequences that Machi & Associates, P.C. knows how to fully value and recover for clients.
Time Limits and Why You Need an Expert Attorney
Texas gives you only two years from the date of your accident to file a lawsuit. Vital evidence can disappear fast, so contacting Machi & Associates, P.C. as soon as possible protects your rights and strengthens your case.
Our award-winning Arlington firm offers the kind of high-touch, personalized service that large cookie-cutter law offices just can’t match. Our attorneys will:
- Investigate your accident and gather critical evidence
- Help you find qualified medical care
- Negotiate directly with insurers
- Go to court if the property owner’s offer isn’t fair
Many slip-and-fall injuries also cause major financial stress. Machi & Associates, P.C. provides support for related debt management and can guide you on your rights under Texas bankruptcy law if medical bills and lost wages threaten your finances. Don’t let an accident destroy your future—our attorneys are here to protect your well-being from every angle.
If you want to learn more about how we win cases like yours, visit our Arlington personal injury lawyer page for full details.
If you have been injured in a slip and fall that wasn’t your fault, contacting a skilled local personal injury attorney who is familiar with Texas premises liability law gives you the best chances at winning fair compensation! At Machi & Associates, P.C., we have over 25 years of combined experience. Our small firm that’s big on results offers a level of high-touch, personal legal service that larger firms can’t match. We’ll listen to your story, investigate your case, answer all of your questions, and explain how much your injuries may be worth! Call today to schedule a free consultation.
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