Slip and fall accidents are surprisingly common and happen nearly every day in grocery stores, restaurants, parking lots, apartment complexes, and countless other public and private spaces. While some slips and stumbles are just bad luck, others are the result of a property owner’s negligence.

Understanding the difference between an honest accident and a fall that resulted from improper maintenance is key to determining when you may have a personal injury case for a slip and fall accident. Because here’s the catch: even when it’s clear you were injured due to negligence, businesses and insurance companies rarely step up and “do the right thing.” Instead, they’ll claim ignorance, pass you from person to person, or use delay tactics in hopes that you’ll give up. That’s why it’s so important to understand when you may have a case and when it’s time to call an attorney.

Here’s what to pay attention to when determining whether you may have a valid slip and fall case in Texas. When in doubt, don’t hesitate to call a personal injury attorney right away.

Factors That Validate Slip and Fall Accident Claims

Slip and fall injury claims can be murky to navigate. Here are some things to keep in mind to know whether you have a case.

• Did a dangerous condition exist? Property owners have a duty to keep their premises reasonably safe for visitors. Common hazards that cause slip and fall injuries include:

• Wet or freshly mopped floors without warning signs
• Uneven pavement, loose tiles, or broken steps
• Poor lighting in stairwells or parking garages
• Clutter or debris left in walkways

If your fall was caused by a dangerous condition like one of these, that’s the first step in proving you may have a case.

• Did the property owner know (or should they have known) about the hazard? It’s not enough that a hazard existed. You must also show that the property owner or manager knew about the hazard (or should have known) and failed to fix it in a reasonable timeframe. For example, if a store employee notices a spill but doesn’t clean it up for hours, or a landlord ignores repeated complaints about broken stairs, these are two instances when the property owner may be held liable for the slip and fall injury.

• Were you legally on the property? Texas law distinguishes between invitees, licensees, and trespassers. Generally, you’re more likely to have a case if you were lawfully on the property, such as a customer in a store or a guest at an apartment complex. Trespassers typically have fewer protections.

• Did you suffer an injury? A near miss usually isn’t enough to file a claim. To pursue a case, you’ll need to show that the slip and fall caused an injury, such as broken bones, sprains or torn ligaments, back or neck injuries, head trauma or concussion. Even if your injury seems minor, it’s important to get medical attention right away. Medical records serve as critical evidence when building your case.

• Could you be partially at fault? Texas follows a modified comparative negligence rule. That means if you’re found partially responsible for your fall (e.g., you ignored warning signs or were distracted while walking), your compensation may be reduced. However, as long as you were less than 51% at fault, you may still have a case.

The Challenges of Slip and Fall Claims

Slip and fall cases can get complicated quickly. Businesses, property managers, and even municipalities often fight hard to avoid paying. They may deny knowing about the hazard, drag their feet in providing information, or try to push you toward a quick and unfair settlement.

That’s why it’s so important to have an experienced attorney on your side. You need someone who can cut through the red tape, investigate thoroughly, and hold the other party accountable.

Contact Us at McKinney Vos PLLC Today

At McKinney Vos, we’ve resolved more than 1,000 slip and fall cases for Texas accident victims and their families. Our approach is simple:

• We are aggressive with insurance, and compassionate with clients. While we fight the other side with evidence, persistence, and legal pressure, we also keep you updated and supported at every step.

• We undergo a thorough investigation. We move quickly to gather witness statements, surveillance video, and photos of the scene before evidence disappears.

• We can help you get medical treatment. If you don’t have insurance or can’t afford co-pays, we can connect you with a trusted network of Central Texas doctors, from chiropractors and physical therapists to surgeons, who will treat you now and wait for payment until your case resolves.

• We are client-first focused. Every case is unique. We tailor our legal strategy to your situation and fight to maximize your recovery.

If you’ve been hurt in a slip and fall accident in Austin, don’t try to go it alone. At McKinney Vos, we offer free consultations and work on a contingency fee basis, so you don’t pay unless we win the case for you. Call our office today.