To win a Texas slip-and-fall case, you generally must show the property owner created the hazard, knew about it, or should have known about it through reasonable inspection — and failed to fix it or warn you.
The Knowledge Requirement
Simply falling on someone's property is not enough. The dispute usually centers on whether the owner had notice of the danger.
Evidence That Establishes Notice
How long a spill or hazard existed is critical. Surveillance video, inspection logs, prior complaints, and witness accounts help prove the owner had time to discover and address it. Photographs of the hazard taken immediately are invaluable.
Incident reports filed with the store and the names of employees on duty also matter.
Overcoming the Defenses
Owners argue the hazard was open and obvious or that the visitor was careless. Under Texas proportionate responsibility, fault can be divided. A free review can assess the strength of your premises claim.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.