Slip and Fall Lawyer
When the unthinkable happens, We're here to Help
Slip and Fall Lawyer in Mesquite
Standing Up for Injured Clients
A fall in a store, restaurant, or apartment complex is rarely just an accident. Under Texas law, property owners owe a duty to keep their premises reasonably safe — and when they ignore a hazard they knew about, or should have found, they can be held responsible for the injuries that follow.
Texas Premises Liability Law
In Texas, the duty a property owner owes you depends on why you were there. An invitee — a customer in a store, a guest at a business — is owed the highest duty: the owner must inspect for hazards, fix what it finds, and warn about dangers it cannot fix promptly. A licensee, such as a social guest, is owed a narrower duty covering hazards the owner actually knows about. A trespasser is owed the least, generally only protection from willful or grossly negligent harm.
That classification often decides a case before anyone argues about the fall itself. It also shapes what evidence matters: inspection logs and cleaning schedules carry far more weight in an invitee case than in any other.
Request Your Free Strategy Session
Even if you do not see your case type listed, we encourage you to contact our office at 972-682-9700 and request a no-commitment initial consultation. Our office is conveniently located in the heart of Mesquite, within easy access from US-80 and just 9 minutes from Samuell Farm park, 7 minutes from E.H. Hanby Stadium, and 11 minutes from the Mesquite Metro Airport (HQZ).
What You Must Prove in a Texas Slip and Fall Claim
Winning a slip and fall claim in Texas means proving four things: that a hazardous condition existed on the property; that the owner knew about it, or should have known about it through reasonable inspections; that the owner failed to fix the hazard or warn you about it; and that this failure caused your injury.
The second element is where most cases are won or lost. Actual notice means the owner knew. Constructive notice means the hazard had been there long enough that a reasonable owner would have found it. Photographs, witness accounts, and the property’s own inspection records are usually what answer that question.
Watch: Slipped and Fell in a Texas Store? The First 24 Hours — Gregg Oberg walks through the eight steps that protect a claim, and how notice and causation are proven once the store has cleaned up the hazard (8 min, with full transcript).
Your Rights After a Slip and Fall
If a property owner’s negligence caused your fall, you may be able to recover medical expenses, lost income, reduced earning capacity, pain and suffering, and the loss of enjoyment of daily life. Texas generally allows two years from the date of the fall to file suit. Evidence disappears faster than that — spills get cleaned, surveillance footage is overwritten — so the sooner a claim is documented, the stronger it is.
Can I Get Compensation if I Was Partially at Fault?
Being partially at fault does not disqualify you from compensation in Texas. Under the state’s modified comparative negligence rule, you can recover damages as long as you are not more than 50% responsible, though your recovery is reduced by your share of the fault. Property owners often argue that a hazard was open and obvious, or that you were distracted. Evidence about lighting, signage, and where the hazard sat relative to normal foot traffic is how those arguments get answered.
Request Your Free Strategy Session
Call our law firm at 972-682-9700 for a free case review.
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With over 25 years of experience helping injured Texans achieve fair compensation for their injuries, we have accumulated a lot of satisfied clients. Here are some of their stories….
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