A wet floor at a grocery store on Wurzbach Road. An unlit staircase at an apartment complex off Loop 410. A cracked sidewalk outside a business on the River Walk. Slip and fall accidents happen across San Antonio every day, and the injuries they cause can be serious. If you were hurt on someone else’s property, Texas law gives you the right to seek compensation, but only if you understand how these claims actually work.
What Is a Premises Liability Claim in Texas?
In Texas, property owners have a legal duty to keep their premises reasonably safe. A slip-and-fall injury caused by their negligence may give rise to a premises liability claim.
Texas premises liability law is codified under the Texas Civil Practice and Remedies Code. The compensation you can recover depends largely on your legal status as a visitor. Under Texas law, most injured customers and guests are classified as invitees, meaning the property owner has both a duty to inspect for hazards and a duty to fix or warn about dangerous conditions they knew or should have known existed. However, under Texas law, property owners generally owe no duty to warn of open and obvious dangers or conditions known to the visitor, meaning hidden or concealed hazards are typically required to establish liability.
To build a successful claim, you generally need to show four things:
- The property owner owed you a duty of care.
- A dangerous condition existed on the property.
- The owner knew or should have known about the hazard.
- That condition directly caused your injury and the resulting damages.
Texas courts apply a reasonable person standard when evaluating whether the property owner acted negligently.
What Types of Compensation Are Available After a Slip and Fall?
Texas law allows injured slip-and-fall victims to recover economic and non-economic damages, depending on the severity of their injuries and the impact on their daily lives.
Economic Damages
These are tangible, calculable losses directly tied to your injury. In a Texas slip and fall case, economic damages can include:
- Medical expenses: Emergency room visits, surgeries, physical therapy, prescription costs, and future treatment you are reasonably expected to need
- Lost wages: Income you missed while recovering, including lost earning capacity if your injuries affect your ability to work long-term
- Out-of-pocket costs: Transportation to medical appointments, assistive devices, and home care expenses
Medical records, pay stubs, and billing statements are critical for accurately documenting these losses.
Non-Economic Damages
These damages address the human cost of an injury, the pain, the disruption, and the emotional toll. Texas does not cap non-economic damages in most personal injury cases, though juries weigh these carefully. Common non-economic damages include physical pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement or physical impairment.
Serious falls, particularly those involving broken hips, traumatic brain injuries, or spinal damage, often justify substantial non-economic damage claims.
How Does Texas Handle Shared Fault in Slip and Fall Cases?
Texas follows a modified comparative fault rule. If you are found more than 50% responsible for your own injury, you cannot recover any damages under Texas law.
Under Texas Civil Practice and Remedies Code Section 33.001, your compensation is reduced by your percentage of fault. For example, if a jury finds you 20% at fault and awards $100,000 in total damages, you would receive $80,000. Property owners and their insurers often argue that the victim was not paying attention, was wearing inappropriate footwear, or ignored posted warnings. These arguments are designed to shift blame and reduce their financial exposure.
This is why the details of your accident matter from the very beginning.
What Is the Deadline to File a Slip and Fall Lawsuit in Texas?
Texas sets a two-year statute of limitations for personal injury claims, including slip-and-fall accidents, under the Texas Civil Practice and Remedies Code Section 16.003.
The clock generally starts on the date of your injury. If you miss this deadline, Texas courts will almost certainly dismiss your case, regardless of how strong your evidence is. Two years may feel like a long time, but preserving evidence, identifying witnesses, obtaining surveillance footage, and building your claim takes time. Waiting too long can mean losing access to key proof.
If your fall happened on government-owned property in San Antonio, such as a city sidewalk or a public building, different notice requirements and shorter deadlines may apply. These cases involve additional procedural steps under the Texas Tort Claims Act, which typically requires formal written notice within 180 days of the incident, or as little as 90 days, depending on local municipal rules.
What Should You Do After a Slip and Fall in San Antonio?
Acting quickly protects your claim. Report the accident to the property owner or manager and request a written incident report. Photograph the hazard, your injuries, and the surrounding area. Collect contact information from any witnesses. Seek medical attention promptly, even if you feel your injuries are minor. Delays in treatment give insurance companies a reason to argue that your injuries are not serious or were caused by something else.
Keep all records, including medical bills, appointment notes, and any communication with the property owner or their insurance company.
How Barry Deacon Law Can Help
At Barry Deacon Law, your case is handled personally. As a solo practitioner, Barry Deacon gives every client direct, focused attention from the first consultation through resolution. You will not be passed off to a paralegal or a junior associate. When you call our firm, you reach the attorney working on your case.
If you were injured in a slip and fall accident in San Antonio, we are here to walk through your options with you. Call us at 210-985-8398 or contact us to schedule a consultation.
