Houston Slip and Fall Lawyer

Slip and fall accidents can change your life in an instant, leaving you with serious injuries, mounting medical bills, and uncertainty about your future. At Daly & Black, P.C., our Houston slip and fall lawyers fight aggressively to protect your rights and help you pursue the compensation you may be entitled to. We prepare every case as if it’s going to trial, ensuring the strongest possible position for negotiation or courtroom litigation.

Let us help you get back on your feet. Contact Daly & Black today for a free consultation.

Slip and Fall Accidents in Houston – Why Legal Help Matters

Slip and fall accidents often seem minor, but they can carry serious and lasting consequences, particularly for older adults. When these incidents stem from hazardous property conditions, legal help becomes critical.

A 2024 study found that older adults account for over 2.3 million emergency department visits and more than 920,000 inpatient admissions annually due to fall-related injuries, resulting in nearly $20 billion in healthcare costs. On average, a fall-related emergency department visit costs $1,112, while inpatient stays average $18,658.

More importantly, the Centers for Disease Control and Prevention reports that falls are the leading cause of traumatic brain injuries (TBI) in the United States. Nearly half of all TBI-related hospitalizations are caused by falls, and for adults aged 65 and older, falls remain a top cause of both TBI and TBI-related death.

These statistics highlight just how severe and costly a fall can be. If your fall was caused by unsafe conditions like slippery floors, poor lighting, or known structural hazards, seeking legal representation can play a crucial role in securing your recovery.

Common Causes of Slip and Fall Injuries

Slip and fall accidents can arise from a variety of hazardous property conditions, each posing its own risks:

Wet or Slippery Floors

One of the most frequent causes of slip and fall injuries, wet or slippery floors often occur in grocery stores, restaurants, or office buildings where spills or tracked-in moisture are not promptly addressed.

Poor Lighting

Insufficient lighting in stairwells, hallways, or parking garages can make it difficult to spot uneven steps, debris, or other hazards, significantly increasing the risk of an accident.

Uneven Sidewalks or Flooring

Wear and tear, weather damage, or poor construction can create uneven walking surfaces that catch unsuspecting pedestrians off guard, leading to trips and falls.

Cluttered Walkways

When walkways are obstructed by boxes, cords, or other items, people are more likely to stumble or lose their balance, especially in busy workplaces or retail environments.

Missing or Broken Handrails

Handrails are a vital safety feature on stairs and ramps. When they are missing or broken, individuals lose an important means of support, making falls more likely and more dangerous.

Serious Injuries from a Slip and Fall Accident

Slip and fall injuries can range from painful inconveniences to life-altering conditions. The nature and severity of the injury often determine the medical treatment required, the recovery timeline, and the amount of compensation you may be able to claim.

Common Types of Injuries

• Fractures and Broken Bones – Often affecting hips, wrists, and ankles, these can require surgery and long-term rehabilitation.
• Traumatic Brain Injuries (TBI) – Including concussions with lingering symptoms, TBIs can lead to cognitive, emotional, and physical impairments.
• Spinal Cord and Back Injuries – These may cause chronic pain, limited mobility, or permanent disability.
• Soft Tissue Injuries – Sprains, strains, and torn ligaments can significantly restrict movement and require extended therapy.
• Emotional Distress and Reduced Quality of Life – Psychological trauma from a fall can impact your daily activities and overall well-being.

How Injury Type Impacts Your Claim

In Texas, the extent of your injuries directly influences the damages you may pursue. More severe injuries justify higher compensation for:

• Medical expenses – Including surgeries, hospital stays, and ongoing therapy.
• Lost wages – Both during recovery and for any long-term loss of earning capacity.
• Pain and suffering – Accounting for physical discomfort and emotional hardship.
• Loss of enjoyment of life – For injuries that permanently limit your activities or independence.

Proving Liability in a Houston Slip and Fall Lawsuit

The Texas Supreme Court in Corbin v. Safeway Stores, Inc. established that to hold a property owner liable, a plaintiff must prove the owner had actual or constructive knowledge of a dangerous condition, failed to take reasonable steps to correct it, and that this failure caused the injury.

To succeed in a Texas slip and fall claim, you must establish:

1. Duty of Care – The property owner or occupier owed a legal duty, under Texas premises liability law, to maintain the premises in a reasonably safe condition for lawful visitors and to warn of any known dangers.
2. Breach of Duty – The owner or occupier failed to uphold that duty by creating, ignoring, or failing to remedy a hazardous condition that posed an unreasonable risk of harm.
3. Causation – The breach of duty was the proximate cause of the accident and resulting injuries, meaning there is a clear link between the unsafe condition and the harm suffered.
4. Damages – The injured party sustained actual, compensable losses—such as medical expenses, lost income, pain and suffering, or other measurable harms—as a direct result of the accident.

Our team builds cases to meet these requirements by gathering and analyzing witness statements, photographs, surveillance footage, maintenance records, and other key evidence to prove negligence under Texas law.

Can You Recover Damages if You Were Partially at Fault?

Chapter 33 of the Texas Civil Practice and Remedies Code sets out the state’s modified comparative negligence rule. Under this system, a court or jury assigns each party a percentage of fault for the accident.

If you are found to be 50% responsible for your slip and fall, you can still recover damages, but your award will be reduced in proportion to your share of fault. However, if you are found 51% or more at fault, Texas law bars you from recovering any compensation.

This rule means that even if you contributed in some way to your accident, such as by not noticing a posted warning sign, you may still have a viable claim, but the outcome will depend on how fault is allocated.

What to Do After a Slip and Fall Accident

The moments after a slip and fall accident are critical to protecting both your health and your legal rights.

Step 1 – Prioritize Your Safety and Seek Medical Care

Even if your injuries seem minor, get a prompt medical evaluation. Some conditions—such as concussions, spinal injuries, or internal bleeding—can take hours or days to manifest. Early diagnosis ensures you receive appropriate treatment and creates important documentation for your case.

Step 2 – Report the Incident and Preserve Evidence

Notify the property owner, manager, or appropriate authority about the incident. Ask for a written incident report, and request a copy. Document the scene with photographs or video, including any hazards that contributed to your fall. Gather names and contact details for any witnesses.

Step 3 – Notify Your Insurance Company Promptly

It’s best to start your insurance claim as soon as possible, as most insurers require prompt reporting of accidents to preserve coverage eligibility.

If your slip and fall occurred at work and you intend to pursue a workers’ compensation claim, the Texas Department of Insurance advises that you notify your employer within 30 days of the injury, or from the date you realized your injury was work-related. Missing this deadline could forfeit your right to benefits.

You must also submit a completed DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, to the Texas Division of Workers’ Compensation within one year of the accident to protect your rights.

Acting quickly is always best. When notifying your insurer, stick to the essential facts and avoid providing a recorded statement until you’ve consulted with an attorney.

Step 4 – Be Cautious With the Other Party’s Insurance Adjuster

If contacted by the property owner’s insurer, remember that their goal is to limit payouts. Avoid giving recorded statements or accepting early settlement offers without legal advice.

Step 5 – Speak With a Slip and Fall Lawyer Right Away

Time is critical. Evidence can disappear, and witnesses can be harder to locate as time passes. Engaging a lawyer quickly allows for a thorough investigation, preserves evidence, and ensures your claim is filed within Texas’ statute of limitations.

How Long Do You Have to File a Slip and Fall Lawsuit in Houston?

In most cases, Texas law gives you two years from the date of the accident to file a slip and fall lawsuit. However, there are important exceptions that can shorten or lengthen this period. For example, if your injury involves a government agency or employee, Texas Civil Practice and Remedies Code, you are required to provide formal written notice of your injury to the governmental unit within 180 days of the incident.

This deadline applies if your case involves a city-owned sidewalk, a public facility, or any other publicly maintained property. Failing to meet this notice requirement can result in the loss of your right to pursue compensation, even if you are still within the standard two-year statute of limitations for personal injury claims. F

On the other hand, if the injured person is a minor or if the injury was not immediately discoverable, the statute of limitations may be extended. Certain cases involving mental incapacity or fraudulent concealment of a hazard can also toll (pause) the clock.

Because these exceptions can be complex and unforgiving, waiting to seek legal advice can be risky. Prompt action not only ensures compliance with all deadlines but also helps preserve critical evidence and witness testimony that can strengthen your case.

Why Choose Daly & Black for Your Houston Slip and Fall Case

Selecting the right legal team is one of the most important decisions you can make after a slip and fall accident. At Daly & Black, we bring trial-tested strategy and client-focused advocacy to every case we handle. Here’s why we’re trusted across Texas:

Strategic, Trial-Ready Representation

Every slip and fall case we take on is built with trial in mind. This proactive approach sends a clear message to insurers and defense counsel: we don’t bluff. Whether through aggressive litigation or smart negotiation, we fight to secure the strongest possible result.

Transparent, Ongoing Communication

You’ll never be left guessing about the status of your case. Our attorneys and staff prioritize clear, consistent updates, breaking down each step of the legal process so you always know what’s happening—and why.

Recognized Success and Reputation

Daly & Black has been nationally recognized, including accolades such as selection to Super Lawyers and a previous win and multiple nominations for Insurance Litigation Firm of the Year. These honors reflect our consistent success and commitment to client outcomes.

No Fees Unless We Win

We handle slip and fall cases on a contingency fee basis. That means you don’t pay us unless we recover money for you. No hourly rates. No upfront costs. Just results.

FAQs

What should I do immediately after a slip and fall accident in Houston?

First, prioritize your safety and seek immediate medical attention, even if your injuries appear minor. Prompt medical care ensures your condition is properly diagnosed and documented, which is essential if you choose to pursue a legal claim.

Can I still file a slip and fall claim if I was partially at fault?

Yes. Texas follows a modified comparative negligence rule, which means you can recover compensation as long as you are less than 51% responsible for the accident.

How long do I have to file a slip and fall lawsuit in Houston?

In most cases, you have two years from the date of the incident to file a lawsuit under Texas law. However, certain exceptions may apply that can shorten or extend this timeframe—for example, if your case involves a government entity or if the injury wasn’t immediately discoverable.

Don’t Wait—Your Recovery Starts With a Free Case Review

If you’ve suffered injuries from a slip and fall accident, time is not on your side. Evidence fades, deadlines approach, and insurers act fast. Take control of your case by speaking with a Houston slip and fall lawyer who prepares every claim with trial in mind.

Contact Daly & Black, P.C. today for a no-obligation consultation. There are no upfront costs, and you won’t pay unless we recover compensation on your behalf.