You did not expect to get hurt when you walked through that door, but now you are dealing with pain, medical bills, and a property owner who may not be cooperating. Slip and fall accidents usually happen without warning, and the damage they leave behind, broken bones, head injuries, torn ligaments, can upend your life in an instant. You have rights, and you may be entitled to compensation from the party whose negligence put you in this position.
At Byrd Davis Alden & Henrichson, LLP, we have been fighting for injured Austinites since 1959, making us the oldest personal injury law firm in Austin. Our attorneys have recovered over $100 million for clients and earned recognition from Super Lawyers, Best Lawyers, and the Bar Register of Preeminent Lawyers. When a dangerous property injures you, our team is ready to stand in your corner. As part of our broader premises liability practice, we handle slip-and-fall cases with the attention and experience they demand.
What Makes a Slip and Fall Case Valid in Texas?
Not every fall on someone else’s property automatically gives rise to a legal claim. To establish liability under Texas law, you must prove that the property owner had knowledge, or reasonably should have had knowledge, of the dangerous condition and subsequently failed to either remedy it or provide adequate warning. This concept is known as premises liability, and it holds landowners, businesses, and other property occupiers accountable for the conditions they allow to exist on their property.
For instance, if a restaurant knows about a spill near the entrance but leaves it unattended without warning guests, and someone slips and injures their ankle, the business may be liable for the injury. In another situation, a landlord who delays repairing loose steps outside an apartment building could face liability if a visitor falls because of that hazard. What matters in these cases is whether the risk was something the property owner knew about, or reasonably should have known about, and failed to fix or warn people about.
How Does Texas Law Affect Your Slip and Fall Claim?
In Texas, a modified comparative fault standard applies, meaning your compensation may be proportionally decreased according to your assigned percentage of responsibility for the accident. As long as you are found to be 50% or less at fault, you may still recover damages, though the award will be reduced proportionally. Insurance companies and defense attorneys routinely argue that the injured person should have seen the hazard and avoided it, which is why strong legal representation matters.
A thorough record is key to countering liability arguments. If you are able to do so safely, strengthen your claim with photographs of the hazard, statements from witnesses, and any official incident reports. Our attorneys are skilled at building the comprehensive documentation needed to address these liability questions directly.
What Compensation May Be Available
A successful slip and fall claim may allow you to recover damages for medical expenses, lost wages, reduced earning capacity, and pain and suffering. In severe cases, particularly those involving catastrophic injuries such as traumatic brain injuries or spinal cord damage, the long-term costs can be substantial. According to the CDC, falls send millions of people to emergency rooms every year, and many of those injuries result in lasting physical and financial consequences. Pursuing full and fair compensation requires a clear picture of not just your current losses but also your future ones.
Where Do Slip and Fall Accidents Commonly Happen?
Slip-and-fall accidents occur in a wide range of settings, from private homes to commercial properties. Our attorneys handle cases involving locations that include the following:
- Retail stores and grocery stores: wet floors, cluttered aisles, and uneven surfaces are common hazards
- Restaurants: spilled food and beverages create serious fall risks, and Texas restaurants have a legal duty to maintain safe conditions for guests
- Parking lots and sidewalks: cracked pavement, poor lighting, and drainage problems can all lead to dangerous falls
- Apartment complexes: landlords who fail to maintain common areas, stairwells, or entryways may be held responsible for tenant or visitor injuries
- Construction sites: workers and passersby can both be injured by unsafe ground conditions, inadequate barriers, or debris
Each setting has its own liability rules and potential defendants, which is why having an attorney evaluate your case is so important. If your accident occurred in a restaurant, our coverage of slip-and-fall accidents in Texas restaurants provides a closer look at how those claims typically work.
Why Should You Work With an Austin Slip and Fall Attorney?
The insurance companies that defend property owners are experienced at minimizing or denying claims. They may argue the hazard was obvious, that you were not paying attention, or that your injuries are not as serious as you claim. Going up against those arguments without legal help puts you at a real disadvantage.
Our attorneys, Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May, bring decades of combined experience to every case we take. We investigate the circumstances of your fall, gather evidence, consult experts when necessary, and negotiate aggressively on your behalf. Where a property owner’s failure to provide adequate safety conditions contributed to your accident, we may also evaluate whether negligent security played a role, ensuring no angle of your case goes unexplored.
Contact Byrd Davis Alden & Henrichson, LLP for Slip and Fall Legal Help
While a slip-and-fall case might seem simple, proving liability, accurately calculating damages, and successfully negotiating with insurance companies demands specialized legal knowledge and dedication. Our firm’s 98% success rate is the result of our total commitment to every client and our refusal to cut corners. This standard of excellence is reflected in our recognition by U.S. News & World Report, inclusion in the Chambers Texas Guide, and repeated selection for Best Law Firms.
If a property owner’s negligence caused your fall, you may not have long to act. Texas has a two-year statute of limitations for most personal injury claims, and evidence can disappear quickly. Reach out to our team today through our online contact form to schedule a free consultation and let us help you understand your options.