Slip & Fall Injury Lawyer

By Andrew Traub

The Journey with Your Austin Slip & Fall Injury Lawyer

A slip-and-fall injury happens when someone trips, falls, or slips on another person’s property because of a dangerous condition — on a public sidewalk, in a retail store or restaurant, in an office building, or at a private residence. Slip and fall is the most common type of premises liability claim, but the same underlying law covers other unsafe-property injuries too. An Austin slip & fall injury lawyer who focuses on premises liability law can investigate the scene, establish who was at fault, and pursue just compensation on your behalf.

Property owners have a legal duty to keep their premises reasonably safe and to warn visitors of known hazards. If you were injured because an owner failed to meet that duty, you may have grounds to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

A slip and fall injury can be devastating: fractures, serious injuries, and injuries likely to worsen — a back or neck injury with pain radiating into the extremities can signal disc involvement, and even chronic regional pain syndrome (also called CRPS or RSD).

According to the Centers for Disease Control and Prevention, falls are the leading cause of injury-related death among adults 65 and older — 43,020 older adults died from a fall in 2024 alone, a death rate that’s climbed 21% since 2018. Common causes of slip and fall injuries include:

1. Wet or slippery floors
2. Uneven or damaged flooring
3. Loose carpeting or rugs
4. Spilled liquids or food
5. Icy or snowy walkways
6. Poor lighting
7. Obstructed pathways or cluttered floors
8. Lack of handrails or guardrails on stairs

Here’s a 2019 slip and fall injury trial verdict in Travis County.

How Your Status Affects Legal Protection on Someone’s Property

Your reason for being on a property affects how much care the owner owes you. Invitees (customers, guests) are owed the highest duty of care — owners must inspect the premises for dangers and fix or warn about hazards. Licensees (social guests) are owed a duty to warn about known hazards. Trespassers are owed the least — generally just freedom from willful harm or gross negligence. Which category you fall into can determine how much responsibility the owner bears for your injury.

What You Actually Have to Prove — and Why It Just Got Harder

Under Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), a Texas invitee has to prove four things: the owner had actual or constructive knowledge of the dangerous condition; the condition posed an unreasonable risk of harm; the owner failed to exercise reasonable care to reduce or eliminate that risk; and that failure caused the injury. That first element — knowledge — is where most slip and fall claims actually get won or lost, and it just became significantly harder to prove.

In April 2026, the Texas Supreme Court decided H-E-B, LP v. Peterson, reversing a lower court’s ruling for a shopper who slipped in a puddle of water leaking from a ceiling rafter. The Court held that circumstantial evidence — the size of the puddle, how close employees were, even a history of other leaks in the building — isn’t enough on its own. A plaintiff now has to show specific evidence of how long the hazard existed before the fall, long enough that a reasonable owner should have discovered it. Without that “time-notice” evidence, a case can be thrown out on summary judgment before it ever reaches a jury.

Practically, that means the first hours after a fall matter more than ever: surveillance footage showing when a spill actually appeared, incident reports, employee schedules, and witness accounts of how long a hazard had been sitting there are often what separates a case that survives from one that doesn’t — which is exactly why documenting the scene immediately, and getting an attorney involved before that evidence disappears, has never mattered more.

Slip and Fall Accidents Involving Children

When a child is hurt in a slip-and-fall, property owners can face a higher standard — even if the child was trespassing. Under the “attractive nuisance” doctrine, owners can be held liable for failing to secure things likely to draw a child’s attention, like swimming pools, playground equipment, or construction sites. If an owner didn’t take reasonable steps — fencing, warning signs — to prevent a foreseeable accident, they may be responsible, since the law recognizes that kids don’t always understand the danger the way an adult would.

Statute of Limitations for Slip & Fall Claims

You generally have two years from the date of the accident to file a slip and fall lawsuit in Texas. Exceptions exist — for a minor, the deadline may not start until they turn 18; for someone mentally incapacitated, additional time may be given; and if the defendant leaves the area, the clock may pause. Don’t rely on an exception, though — acting quickly preserves evidence and witness statements while they’re still fresh, and protects your right to recover compensation at all.

What to Share with Your Doctor After a Slip and Fall

Be open with your doctor about every symptom, no matter how minor it seems — pain, dizziness, bruising, stiffness, headaches, even if you’re not sure it’s related to the fall. Don’t downplay your injuries, and ask your doctor to document how you fell and what surfaces were involved. That documentation can be a game-changer if you file a claim, providing clear evidence of your injuries and treatment from day one.

How Insurance Companies Respond to Slip and Fall Claims

Insurance companies have one goal when you file a slip and fall claim: pay out as little as possible. They may offer a quick settlement before you know the full extent of your injuries, or try to shift blame to you — claiming you weren’t paying attention, or wore the wrong shoes. These tactics are common in the industry. Having a seasoned attorney on your side before you talk to an adjuster or sign anything protects you from being taken advantage of while you focus on recovering.

What Determines the Value of Your Slip and Fall Claim?

• Medical bills — from ER visits to ongoing physical therapy and future care
• Lost income — wages missed or a pay cut caused by your injuries
• Pain and suffering — more severe injuries generally mean higher compensation for the physical and emotional toll
• Other impacts — scarring, permanent disability, or emotional trauma like anxiety or PTSD can further increase a claim’s value

Experienced Austin Slip & Fall Injury Lawyers

At the Traub Law Office, P.C., our Austin slip & fall injury lawyers often help clients who have been harmed on another person’s or business’s premises. Our first concern is that our client receives appropriate medical treatment. Then we investigate the accident and determine whether legal action should be taken.

• Did bad lighting cause your accident? Poor lighting can cause a fall on stairs, or keep someone from seeing a hole or indentation in a walking surface.
• Were you harmed because of poor security? If a building owner knew of previous assaults on the property and failed to improve lighting or otherwise protect visitors, you may have a premises liability claim for damages.
• Was the property properly maintained? Worn stairs, failing railings, and tree roots pushing up sidewalks are all hazards a simple inspection would catch. In one case, our client suffered a serious injury when she fell on a sidewalk that had been uprooted by a tree growing beneath it.
• Were warnings adequate? If warning signs existed, did they actually put people on notice, or could better warnings have prevented the injury? In one case, our client walked through a door that led straight into a pitch-black room with stairs going down. He fell and was severely injured — a locked door would have prevented it.
• Contact an Austin premises liability attorney. When a building owner knowingly allows a dangerous condition to exist and it causes an accident, our Austin slip & fall injury lawyers can help you determine your legal options.

Contact Austin Slip & Fall Injury Lawyer Now!

Speak with an Austin slip & fall injury lawyer at the Traub Law Office, P.C. today for a free consultation by phone at (512) 246-9191 or by filling in the contact form.