San Antonio Slip and Fall Attorney

Slip-and-fall injuries are perhaps the most common type of personal injury claim, and thus the courts tend to approach it skeptically and expect the plaintiff to present enough evidence to support their claim. Working with an attorney is extremely important for anyone wishing to win their case. Learn how slip-and-fall claims work in Texas and what steps you should take to receive compensation for a fall accident.

Most slip-and-fall claims in San Antonio are handled as premises liability claims, which means the case turns on whether a property owner or manager kept the property reasonably safe. You can read more about how these cases work on our San Antonio premises liability claims page.

What Counts as a Slip-And-Fall Accident in San Antonio?

Slip-and-falls are sometimes referred to as slip, trip, and fall accidents. They essentially describe a situation in which someone encountered a hazard such as an uneven floor or slippery area that caused them to slip, trip, or otherwise lose their balance and fall to the ground. Slip-and-fall claims are a type of personal injury claim, and as such, they fall under tort law.

Tort law addresses actions (or failures to act) that could be considered negligence to someone. When an at-fault party breaches their duty of care, i.e., fails to do what is needed to avoid creating an unsafe situation by taking steps to remedy that situation or by not engaging in certain reckless behaviors, that breach of duty of care is usually crucial in establishing causation.

In the case of a slip-and-fall injury, an example of a breach of duty of care is when the person responsible for the safety and well-being of customers visiting a store fails to correct a roof leak that caused a wet spot on the floor. Because no wet floor sign was visible, a customer slipped on the wet spot and fell down, injuring their arm and shoulder.

In San Antonio, these accidents happen in grocery stores, retail stores, restaurants, hotels, apartment complexes, parking lots, and public spaces. Common hazards include:

• Wet or freshly mopped floors and unmarked spills
• Leaks, tracked-in rainwater, and slick entryways
• Uneven, cracked, or broken sidewalks and pavement
• Broken stairs, missing handrails, and loose flooring or mats
• Poor lighting and cluttered walkways
• Debris, cords, or merchandise left in walking areas

How Do I Know if I Have a Valid San Antonio Slip-And-Fall Claim?

There are a few essential components that are needed for a valid slip-and-fall claim. As explained above, you may need to prove that your accident was a result of a breach of duty of care by someone else responsible for controlling the area where the unsafe situation was present. The breach resulted in a slip-and-fall accident, and you, as a victim, sustained significant damages.

Under Texas law, a person hurt on someone else’s property generally must show that the property owner or operator had actual or constructive knowledge of a dangerous condition, that the condition posed an unreasonable risk of harm, that the owner failed to use reasonable care to reduce or eliminate the risk, and that this failure caused the injury. The Texas Supreme Court explained these requirements in cases such as Wal-Mart Stores, Inc. v. Reece and Keetch v. Kroger Co.

This is important because slip-and-falls are a common accident, and one may claim they are not always caused by negligence. For example, the victim may have been walking around distractedly and looking at their smartphone, then failed to see the posted wet floor signs and ended up falling. The responsibility for the accident would likely fall upon the victim, meaning chances of getting compensated would be slim.

Texas follows a proportionate responsibility rule. If you are found partly at fault, your compensation can be reduced by your percentage of fault, and you generally cannot recover if you are found more than 50 percent responsible. You can review the rule in Chapter 33 of the Texas Civil Practice and Remedies Code.

If, after the fall, you suffered no major injuries and did not sustain any verifiable damages such as medical bills, you may not have a strong claim in your hands. There are many variables to a valid slip-and-fall claim, and each case is unique, so it is best to consult an attorney to discuss your case if you are unsure about whether to pursue legal action or not.

How Long Do I Have to Initiate a Slip-And-Fall Action in Texas?

Slip-and-fall cases are a type of personal injury case, and because of that, the Texas statute of limitations for personal injury claims applies to any slip-and-fall claim. This means victims have up to two years to initiate a slip and fall lawsuit or an insurance claim, and any action taken after the statute of limitations has run out may not be successful and end up getting dismissed in court. The deadline is set by Section 16.003 of the Texas Civil Practice and Remedies Code.

Two years may seem like a long time, but establishing a strong link between the other party’s negligence and your injury is a task that gets increasingly more difficult the longer you wait to take action. It is harder to prove that your broken bones from thirteen months ago were a result of a wet floor at the grocery store and not a result of a separate event.

The sooner you take action, the stronger your chances may be of recovering compensation for your fall. If you were hurt in a slip-and-fall accident, consult a San Antonio slip-and-fall lawyer as soon as you can.

What Should I Do After a Slip and Fall Accident in San Antonio?

Get medical care right away, report the fall to the property owner or manager, and document the scene before it changes. Avoid giving a recorded statement to an insurance company until you have spoken with an attorney.

• See a doctor or go to the emergency room, even if the injury seems minor, and follow the treatment plan.
• Report the fall to the manager, owner, or landlord and ask that an incident report be made. Request a copy.
• Take photos or video of the hazard, the surrounding area, your footwear, and your injuries.
• Get names and phone numbers of witnesses.
• Keep your shoes and clothing as they were, and save receipts, medical bills, and records of missed work.
• Do not post about the accident on social media.

Prompt action matters most when the fall happened on government property, where the notice deadline can be much shorter than two years.

What Happens if I Have a Slip-And-Fall Accident on Government Property?

If you have a slip-and-fall injury on government property, the claim process is somewhat similar to any other slip-and-fall on private property. The victim is still expected to carry the burden of proof and present concrete evidence documenting the accident and injuries.

However, it is important to understand that each government entity may require personal injury victims to follow certain procedures to file a claim, and these may vary depending on whether you are dealing with a state, county, or local entity.

Another extremely important aspect of filing a slip-and-fall claim against a government entity is that even though the statute of limitations for slip-and-falls in Texas is two years, many government entities have their own statute of limitations that are often way shorter than two years. The Texas Tort Claims Act generally requires written notice of the claim within six months, and city charters and local rules can set even shorter deadlines.

In some cases, slip and fall victims are given as little as 30 days to notify the applicable government entity of their intention to file a claim or take action. If your slip-and-fall injury occurred on government property, it is imperative to seek the help of a San Antonio slip-and-fall lawyer right away, as you may not have much time to take action.

In addition, while you may be entitled to receiving compensation for losses such as medical bills, property damage, or lost wages, claims against a government entity may not always be successful in recovering non-economic damages, such as pain and suffering, and the Tort Claims Act places limits on the total damages that can be recovered. Your personal injury attorneys may be the best person to advise you on the type of damages you may recover after a slip-and-fall on government property.

How Much Is My Slip-And-Fall Case Worth?

Every slip-and-fall case is unique, and because of that, it is hard to generate an accurate case value estimate without looking into the specifics of each case. In general, you can expect the severity of your injuries and the extent of your damages to determine how much money you may be able to receive. The more serious your injuries and the more extensive your damages, the higher your case value may be.

A slip-and-fall injury victim may seek the standard compensable damages typical to any personal injury case. Those are divided into economic and non-economic damages, which we explain further in our guide on what damages are in a personal injury case. As briefly explained above, economic damages are quantifiable financial losses directly resulting from your accident.

For example, if after your fall you had to be seen at the emergency room, and the doctor took several x-rays and prescribed painkillers, your emergency room bill and any other medical bills you receive throughout the process of treating your injury are all counted as economic damages. If you were unable to work for weeks after the accident, you probably were not able to make your regular weekly wages. The wages you could not earn because of your injury (referred to as ‘lost wages’) could also be a type of economic damage.

On the other hand, non-economic damages are more subjective and are meant to provide compensation for the negative impact the accident and injury have had on your mental health. Non-economic damages can include pain, suffering, mental anguish, and physical or mental distress caused by the accident and even by the recovery process.

Falls can cause serious injuries, including broken hips, spinal injuries, and head trauma. If you suffered a brain injury or a lasting impairment, see our article on which injuries are considered permanent disability, because long-term effects can significantly increase the value of a claim.

Experienced San Antonio slip and fall lawyers can help you prove your damages by relying on evidence such as medical bills, pay stubs, medical reports, and even the testimony of expert witnesses.

Can You Hold Property Owners Liable in San Antonio?

Yes, property owners can be held liable in San Antonio if their negligence or failure to maintain safe premises leads to slip and fall accidents. Under Texas premises liability laws, property owners have a legal duty to properly maintain their property and ensure it is free from dangerous conditions that could cause fall incidents. This duty varies depending on the visitor’s status (invitees, licensees, or trespassers), with property owners owing the highest duty of care to invitees, such as customers or clients.

Liability usually arises when the property owner knew or should have known about a dangerous condition and failed to take reasonable steps to fix the hazard or warn visitors with adequate warning signs. For example, if a business owner fails to clean up a spill or neglects to repair broken handrails, and a person is injured as a result, the property owner’s negligence can be the basis for a personal injury lawsuit.

To hold the property owner responsible, the injured party must prove that the property owner’s failure to maintain safe premises or warn about hazards directly caused the injuries sustained. This includes documenting the unsafe property conditions, medical records of injuries sustained, and evidence showing the property owner’s failure to act.

In San Antonio, negligent property owners can be held liable for damages including medical expenses, lost income, pain and suffering, and other losses related to the serious fall. It is important to seek medical attention immediately after the accident and consult with a slip and fall lawyer who understands Texas law and can help you pursue compensation on a contingency fee basis. Experienced personal injury lawyers can guide you through the process of filing a claim, negotiating with insurance companies, and ensuring the liable party is held responsible to recover damages.

If you believe a property owner’s negligence caused your fall accident, contact a San Antonio slip and fall attorney promptly to discuss your case and explore your options for seeking justice and maximum compensation.

Why Should I Work With a Slip and Fall Lawyer San Antonio?

When it comes to building a successful slip-and-fall claim, it is best not to try and figure it all out on your own. Slip-and-falls are so common that simply filing a fall accident claim without the help of an attorney can be risky. Without strong evidence and the legal knowledge a San Antonio slip-and-fall attorney can bring to the table, the chances of your case being unsuccessful are significant.

In addition, if you were hurt, your main focus should be on taking care of yourself and healing so you can get back on your feet. You should not have to be dealing with red-tape, endless phone calls, and all the technicalities that inevitably show up with this type of fall injury claim.

It really can become overwhelming, and you can end up making a simple yet costly mistake and find yourself receiving much less than what you deserve. Your slip and fall attorney can handle every aspect of your case for you, giving you the peace of mind of knowing you have a professional fighting for your rights at every step of the way.

Attorney S. Dylan Pearcy and his team have successfully handled many slip-and-fall cases in San Antonio and surrounding areas. They are ready to apply what they learned with every case to help you maximize your chances of receiving fair compensation, all while being treated with the utmost respect and compassion. You can read what past clients say on our reviews page.

If you have been hurt in a slip-and-fall accident, do not wait any more time. Contact our San Antonio office by calling (210) 953-7486 and asking to schedule an initial consultation to discuss your case. We look forward to assisting you.

Slip and Fall FAQs

Do I have to prove the property owner knew about the hazard?

In most Texas slip and fall cases, yes. You generally must show the owner knew or reasonably should have known about the dangerous condition, for example because it was there long enough that a reasonable inspection would have found it.

Can I still recover compensation if I was partly at fault?

Possibly. Under Texas proportionate responsibility rules, your compensation is reduced by your share of fault, and you generally cannot recover if you are found more than 50 percent at fault.

How long do I have to file a slip and fall claim in Texas?

The general deadline is two years from the date of the injury. Claims against a government entity can require written notice much sooner.

Should I give the property owner’s insurance company a recorded statement?

It is usually wise to speak with an attorney first. Insurance adjusters may use a recorded statement to dispute fault or the extent of your injuries.

What if I fell at an apartment complex or a store?

Both are common premises liability situations. A landlord or business owner can be responsible if they knew or should have known about a hazard and failed to fix it or warn you.

How much does it cost to hire a slip and fall lawyer in San Antonio?

We handle these cases on a contingency fee basis. Contact our office to discuss how fees work in your case.