In The Woodlands, determining who is responsible for a slip and fall depends on who controlled the property, whether that party knew or should have known about a dangerous condition, and whether reasonable steps were taken to fix or warn about it. Texas law sets specific rules for property owners, businesses, and tenants, and knowing these details can make the difference between a denied claim and fair compensation.
Understanding Slip and Fall Liability in Texas
Slip and fall accidents may seem straightforward, but Texas law treats them under a specific framework called premises liability. This area of law governs when a property owner or occupier is responsible for injuries caused by unsafe conditions on their property.
People slip and fall every day in places like grocery stores, restaurants, office buildings, and apartment complexes. However, not every accident results in legal liability. The key issue is whether the person or business responsible for the premises failed to take reasonable care to keep it safe.
According to the Texas Supreme Court in Wal-Mart Stores, Inc. v. Reece (2002), plaintiffs must show that a hazard existed long enough that the property owner should have discovered and corrected it. In other words, timing and notice are critical.
Who Owes You a Duty of Care?
Under Texas law, the duty of care owed depends on why you were on the property. The law classifies visitors as:
- Invitees: Customers or clients on the premises for business purposes. Property owners owe the highest duty of care to invitees, meaning they must inspect, repair, and warn of hidden dangers.
- Licensees: Social guests or individuals visiting for their own reasons. Owners must warn licensees of known dangers but are not required to inspect for unknown ones.
- Trespassers: Those without permission to be on the property. The owner’s only duty is to avoid willful or grossly negligent harm, though limited exceptions exist for children under the “attractive nuisance” doctrine.
Most slip and fall victims are invitees, which means property owners and businesses in The Woodlands must regularly check their premises for hazards like spills, uneven flooring, or poor lighting.
Establishing Liability: What Must Be Proven
To succeed in a slip and fall case in Texas, you generally need to prove four elements:
- There was a dangerous condition on the property.
- The owner or occupier knew or should have known about it.
- They failed to exercise reasonable care to correct or warn about the condition.
- The failure caused your injury.
Texas courts focus heavily on the concept of notice. A property owner can only be held liable if they had actual knowledge of the hazard or constructive knowledge—meaning the hazard existed long enough that it should have been discovered through reasonable inspection.
For example, if a spill in a grocery store was left unattended for 30 minutes, a court might find that employees had enough time to detect and clean it. If the spill happened seconds before the fall, however, the business might not be held responsible.
Common Causes of Slip and Fall Accidents
Slip and fall incidents can happen anywhere, but some hazards appear more often than others in The Woodlands:
- Wet or freshly mopped floors without proper signage
- Spilled food or drinks in restaurants or grocery stores
- Cracked sidewalks or uneven flooring
- Poor lighting in stairwells or parking lots
- Loose rugs, cords, or clutter in walkways
- Defective handrails or steps
These hazards become especially problematic when businesses or landlords fail to inspect regularly or respond to complaints about unsafe conditions.
The Role of Control and Responsibility
Texas courts determine liability by asking who had control over the property when the injury occurred. Responsibility often lies with the person or entity that maintained or managed the space, not necessarily the property owner.
For instance:
- In a retail store, the tenant business is typically responsible for hazards inside the store.
- In an apartment complex, the landlord or property manager may be responsible for maintaining stairways, hallways, and shared spaces.
- In shopping centers, both the tenant and the property owner could share responsibility, depending on the area where the fall occurred.
This distinction is crucial because multiple parties—such as a landlord, business tenant, or maintenance contractor—can share liability.
The “Open and Obvious” Rule
Texas follows the open and obvious doctrine, meaning property owners generally have no duty to warn visitors about dangers that are clearly visible.
For example, if a person slips on a large puddle in broad daylight that any reasonable person could see, the owner might not be liable. However, this rule doesn’t protect property owners when visitors are forced to encounter a known hazard because there’s no safe alternative—like a wet entrance that must be used to enter a store.
Comparative Fault: When Both Parties Share Responsibility
Texas applies the modified comparative fault rule, also known as the 51% bar rule. This means:
- If you are found 50% or less responsible for your own injuries, you can recover damages—but they’ll be reduced by your percentage of fault.
- If you are more than 50% responsible, you cannot recover any compensation.
Example: If a jury finds a restaurant 60% responsible for failing to clean a spill and you 40% responsible for not paying attention, you can still recover damages—just reduced by 40%.
This rule ensures fairness but also highlights the importance of gathering strong evidence to show that the property owner’s negligence was the main cause of the accident.
Statute of Limitations in Texas
Under the Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of your slip and fall to file a lawsuit.
If the fall occurred on government property, you may need to file a notice of claim much sooner—sometimes within six months or even less, depending on the city or county. Failing to meet these deadlines can prevent you from recovering compensation.
Evidence That Strengthens a Slip and Fall Claim
A well-documented case can make all the difference in court. If you’re injured in a slip and fall, try to preserve as much evidence as possible:
- Photographs and videos of the scene and hazard
- Incident reports filed with management or property staff
- Surveillance footage, if available
- Witness statements
- Medical records linking your injuries to the fall
- Clothing or shoes worn during the incident
Prompt action is vital. Businesses often overwrite surveillance videos within days or weeks, and physical evidence can disappear quickly.
How Slip and Fall Cases Are Defended
Property owners and insurers frequently use several defenses to limit or deny liability:
- Lack of notice: Claiming the hazard appeared too recently to be discovered.
- Open and obvious: Arguing the danger was visible and should have been avoided.
- Comparative negligence: Suggesting the victim was careless or distracted.
- No unreasonable risk: Asserting that the condition wasn’t dangerous enough to create liability.
An experienced attorney understands these strategies and knows how to build a case that overcomes them through evidence and expert testimony.
Steps to Take After a Slip and Fall in The Woodlands
If you’ve suffered a slip and fall injury, taking immediate action can strengthen your case:
- Get medical help right away—even minor injuries can worsen over time.
- Report the accident to the property manager or store supervisor.
- Take photos and videos of the area where you fell.
- Collect contact information from witnesses.
- Avoid giving recorded statements to insurers before consulting an attorney.
- Call a local premises liability lawyer to understand your rights and deadlines.
Why Choose Morgan Bourque Attorney at Law
At Morgan Bourque Attorney at Law, we represent individuals throughout The Woodlands who have been injured because of unsafe premises. Our legal team understands how Texas courts analyze these cases and what evidence matters most.
We regularly handle claims under our personal injury practice area, including complex slip and fall cases. Our attorneys know how to investigate, preserve evidence, and hold negligent property owners accountable.
When you work with us, we will:
- Review your accident details and identify responsible parties.
- Gather time-sensitive evidence such as surveillance footage and maintenance records.
- Handle all communication with insurance companies.
- Pursue maximum compensation for your injuries, medical bills, lost wages, and pain and suffering.
Frequently Asked Questions
Who is responsible for my slip and fall? Responsibility depends on who controlled or maintained the property and whether they knew—or should have known—about the hazard.
Does it matter if I wasn’t paying attention when I fell? Yes. Texas uses comparative fault. You can still recover damages if you were partly at fault, as long as you’re not more than 50% responsible.
What if I slipped on public property? Different rules apply. Claims against government entities must follow the Texas Tort Claims Act, which includes shorter filing deadlines.
What damages can I recover? You may recover compensation for medical costs, rehabilitation, lost income, future earnings, and pain and suffering.
How long do I have to file? Most slip and fall claims must be filed within two years of the accident. So it’s important to act quickly.
Contact Morgan Bourque Attorney at Law
If you were injured in a slip and fall accident in The Woodlands, don’t wait to seek help. Evidence can fade fast—and Texas law limits how long you have to file a claim.
Let our team at Morgan Bourque Attorney at Law help you determine who’s responsible and what compensation you may be entitled to. Contact us online through our contact form.
You can also call us directly at (713) 766-6001 to schedule your consultation today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.