On someone else's property
Dallas slip and fall lawyer.
A fall on a wet floor, a broken step or a dark stairway can mean a broken wrist, a hip fracture or a head injury. In Texas the store or landlord pays only if you prove it knew, or should have known, about the danger, and the strongest proof is the store's own camera footage, which many businesses keep for only days or weeks. Do not sign the store's statement, and call us soon so we can demand that the video be saved.
Right now
If you just fell.
- 01
Get checked by a doctor today
Hip, wrist, back and head injuries from a fall can get worse over the next days. Tell the doctor you fell and where.
- 02
Photograph what made you fall
The liquid, its size and color, any cart tracks or footprints through it, the missing sign, the lighting, the broken tile. Footprints and dirt in a spill can show it had been there a while.
- 03
Ask for an incident report, but do not sign their statement
Give your name and say you fell. Ask for the manager's name and the report number. Store forms often include lines like "I was not paying attention", so you do not have to sign them.
- 04
Get names of witnesses and employees
Anyone who saw the fall or the spill, and any employee who said something like "we told them to clean that".
- 05
Keep your shoes and call us this week
The defense will look at your shoes. Keep them as they are. A letter from us asking the store to save its video should go out before the recording is overwritten.
Key deadlines and numbers
- Deadline to sue
- 2 years from the fallSource: Tex. Civ. Prac. & Rem. Code 16.003
- Store camera footage
- Often overwritten in days or weeks unless someone asks to keep it
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
- Fall on city or county property
- Written notice within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
- Medical bills you can claim
- Amounts actually paid or owed, not the full billed priceSource: Tex. Civ. Prac. & Rem. Code 41.0105
Texas law
What you have to prove after a fall in Texas.
A store, restaurant or landlord does not have to pay just because you fell on its property. As a customer or tenant, you must prove four things, and the second one is where most cases are won or lost.
| What must be shown | How it is usually proved |
|---|---|
| There was a condition that posed an unreasonable risk of harm | Photos, video, measurements of a step or slope, lighting readings |
| The owner knew or should have known about it | Video showing how long it was there, cleaning logs, prior complaints, an employee who saw it, or proof the owner caused it |
| The owner did not fix it or warn you | No wet floor sign, a sign out of sight, no barrier, no repair order |
| That failure caused your injury | Witnesses, ER records made the same day, your doctor's opinion |
Time matters: how long was it there?
Texas courts ask whether the spill or hazard existed long enough that a careful store would have found it. A few seconds is usually not enough. Video, dried edges, cart tracks and cleaning sweep logs answer that question.
Fault gets divided
The store will say you should have seen it. Every percent it puts on you lowers the recovery, and more than 50% ends the claim.
Source: Tex. Civ. Prac. & Rem. Code 33.012A social guest has a harder road
If you fell at a friend's home, you must show the owner actually knew about the danger. Homeowner's insurance usually pays these claims, not the friend.
Falls at work follow different rules
If you fell on the job, workers' compensation or a claim against a non-subscriber employer may apply instead. See our workplace injury page or call us.
How we work
How we build a slip and fall case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Demand the video, fast
We send a written preservation letter for all camera angles covering the aisle or area, from well before the fall to after it, so the footage shows how long the hazard was there.
02
Get the store's own paperwork
Incident reports, floor sweep and cleaning logs, maintenance and repair orders, staffing for that shift, and prior falls in the same spot.
03
Talk to witnesses and employees
Employees change jobs often. We find and talk to the people who saw the spill or the fall while they still remember it.
04
Document the injury fully
Fractures, surgery, therapy and time off work. For serious injuries we work with medical experts, life care planners and economists to show the future cost.
05
Negotiate, and file suit if needed
Large stores and apartment owners have their own claims departments. We send a demand backed by the evidence and file suit when the offer is not fair.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Questions people ask us about money and paperwork.
- The store offered to pay my ER bill. Should I accept?
- Read before you sign. Some offers come with a release that ends your whole claim. Call us first; it costs nothing to ask.
- Who pays my bills while the case is open?
- Your health insurance, Medicare or Medicaid, or a doctor who agrees to wait. Those payers may ask to be repaid from a recovery, and we negotiate those amounts.
- Do I need papers to make a claim?
- No. If the store or landlord was careless, you can make a claim. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Falls we see in Dallas and Odessa.
From our Oak Cliff office on Jefferson Boulevard we handle falls in grocery stores, big box stores, restaurants and apartment complexes across Oak Cliff and southern Dallas, plus falls on city sidewalks and in public buildings, where the City of Dallas notice deadline applies. Our Odessa office handles the same claims in Ector and Midland counties.
FAQ
Questions people ask.
Can I sue a store for slipping and falling in Texas?
Yes, if you can show the store knew or should have known about the hazard and did not clean it up or warn you, and that it caused your injury. A fall alone is not enough. The evidence of how long the hazard was there usually decides the case.
How long does a store keep its security video?
It varies. Many systems record over themselves in days or weeks. A written request to preserve it, sent early, makes it harder for the store to say the footage is gone.
There was a wet floor sign. Do I still have a case?
Maybe. A warning can be enough if it was visible and placed where the danger was. If the sign was folded, hidden or far from the spill, the store may still be responsible.
I fell at my apartment complex. Is the landlord responsible?
For common areas like stairs, walkways, parking lots and laundry rooms, the landlord usually controls them and must keep them reasonably safe. Repair requests you made in writing are strong evidence.
How much is a slip and fall case worth?
It depends on the injury, the medical care, lost income, how clearly the owner was at fault and the insurance available. No honest lawyer can give you a number on the first call, but we can tell you what drives the value.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Premises liability
- Parking lot accidents
- Workplace injuries
- Brain injuries
- Negligent security
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.