It happens in a split second. One moment you are walking down the aisle of a grocery store in Longview or navigating a parking lot in Tyler, and the next, you are on the ground. The sudden shock of a fall is often followed by sharp pain and embarrassment. You might feel the urge to get up quickly, brush yourself off, and say, “I’m fine,” just to avoid a scene.
However, slip and fall accidents are rarely minor inconveniences. They can lead to serious medical issues like fractured hips, torn ligaments, and traumatic brain injuries. In East Texas, where businesses range from big-box retailers to small, family-owned shops, knowing how to handle the aftermath of a fall is crucial for your physical recovery and your financial protection.
This guide explains the legal reality of these accidents, known as “premises liability,” and outlines the specific steps you must take to build a strong case for compensation.
Understanding Premises Liability in Texas
In the legal world, slip and fall cases fall under the category of premises liability. This is a specific area of personal injury law that holds property owners accountable for accidents that occur on their land or in their buildings.
However, Texas law does not automatically blame a business just because you got hurt on their property. To win a case, you must prove negligence.
The Duty of Care
Property owners have a “duty of care” to keep their premises reasonably safe for visitors. In Texas, the level of protection you are owed depends on why you were on the property. Most slip and fall victims are considered invitees—people invited onto the property for business purposes, like customers in a store.
As an invitee, the property owner must:
- Correct known hazards.
- Warn you about potential dangers.
- Reasonably inspect the property to discover hidden hazards.
Proving Negligence
To succeed in an East Texas slip and fall claim, you typically need to prove four elements:
- Condition: There was a dangerous condition on the premises (e.g., a wet floor, a broken step).
- Knowledge: The owner knew—or should have known—about the condition.
- Failure to Act: The owner failed to fix the hazard or warn you about it.
- Causation: That specific hazard caused your injury.
The most difficult part is often proving “constructive knowledge.” This means proving that even if the manager didn’t know about the spill, it had been there long enough that a reasonable employee should have cleaned it up.
Common Causes of Slip and Fall Accidents
In East Texas, certain hazards appear more frequently than others. Identifying the cause of your fall is the first step in determining who is responsible.
Wet or Slippery Floors
This is the most common scenario. Whether it is a spilled drink in a restaurant, a leaking freezer in a supermarket, or rainwater tracked into a lobby during a storm, slick surfaces are dangerous. If a business fails to put out a “Wet Floor” sign or mop up promptly, they may be liable.
Uneven Surfaces
Many of our historic downtown areas in East Texas have aging infrastructure. Cracked sidewalks, potholes in parking lots, or uneven transitions between carpet and tile can easily cause a trip and fall.
Poor Lighting
Inadequate lighting in stairwells, parking garages, or apartment complexes hides tripping hazards. If you fall because you couldn’t see a step or a curb due to a burnt-out bulb, the property owner’s negligence regarding maintenance is a key factor.
Construction Hazards
With growth comes construction. Renovation zones that lack proper barriers or warning tape can expose pedestrians to loose cables, debris, or unfinished flooring.
Immediate Steps to Take After a Fall
The moments following a fall are chaotic, but your actions can make or break your potential legal claim. If you are physically able, follow these steps.
1. Report the Accident Immediately
Do not leave the scene without notifying someone in charge. Ask to speak to a manager, landlord, or property owner. Tell them exactly what happened.
Most commercial businesses will have an incident report form. Ask them to fill it out and request a copy for your records. If they refuse to give you a copy, take a picture of the report with your phone before they file it away.
2. Document the Scene
Evidence in slip and fall cases is temporary. A spill can be mopped up in minutes. A broken step can be fixed the next day.
Use your smartphone to take photos and videos of:
- The Hazard: Close-up shots of the spill, ice, hole, or obstacle.
- The Surroundings: Wide shots showing the lack of warning signs or poor lighting.
- Your Injuries: Visible cuts, bruises, or swelling.
- Your Clothing/Footwear: Sometimes the defense will blame your shoes. Photographing them shows you were wearing appropriate footwear.
3. Identify Witnesses
Did anyone see you fall? Did another customer say, “Wow, that floor is soaked”?
Independent witnesses are incredibly valuable. Ask for their names and phone numbers. Their testimony can validate your story if the property owner later denies the hazard existed.
4. Seek Medical Attention
Even if you feel embarrassed and just want to go home, you need to see a doctor. Adrenaline often masks the pain of back injuries, concussions, or soft tissue damage.
Visiting an emergency room or urgent care creates a medical paper trail linking your injuries directly to the accident. If you wait a week to see a doctor, the insurance company will argue that you hurt yourself somewhere else.
For general information on injury prevention and health resources in our state, you can visit the Texas Department of State Health Services. While they provide broad health data, remember that for your specific injury claim, you need personalized medical records from your treating physician.
5. Preserve Physical Evidence
If you slipped on a foreign substance, it might be on your clothes or shoes. Do not wash them. Place the shoes and clothing in a bag and keep them safe. They could be tested later to prove what the substance was.
What Not to Do
Just as there are steps you should take, there are critical mistakes you must avoid.
- Do Not Apologize: It is a natural reflex to say “I’m sorry” or “I’m so clumsy.” Do not say this. Insurance adjusters will use these words as an admission of fault.
- Do Not Give a Recorded Statement: Insurance adjusters for the property owner will call you quickly. They are trained to ask leading questions. Do not speak to them until you have consulted a lawyer.
- Do Not Post on Social Media: Avoid posting details about your accident or photos of your weekend activities while your claim is pending. These can be used to argue that you aren’t as injured as you claim.
How McKay Law Can Help
Slip and fall cases are notoriously difficult to win in Texas without legal help. Large retailers and insurance companies aggressively defend these claims, often arguing that the hazard was “open and obvious” or that you weren’t paying attention.
At McKay Law, we know how to fight back. We understand the nuances of East Texas courts and how to gather the necessary evidence, such as surveillance footage and maintenance logs, to prove the property owner was negligent.
We handle the legal burden so you can focus on healing.
Contact Us for a Free Consultation
If you or a loved one has been injured on someone else’s property, do not wait. Evidence disappears quickly. Contact McKay Law today for a free, no-obligation consultation. Let us review your case and help you pursue the compensation you deserve.
