Austin Slip and Fall FAQ: Premises Liability Questions Answered by RRK Law

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

Take these critical steps right away:

1. Stay still and check for injuries - Don't jump up due to embarrassment; you could worsen injuries like spinal damage
2. Seek medical attention immediately - Adrenaline can mask serious injuries like concussions or internal bleeding
3. Report the accident - Find the property owner or manager and ask them to document the incident in writing; request a copy
4. Document the scene - Take photos/videos of the hazard, lighting conditions, your footwear, and surrounding area
5. Collect witness information - Get contact details from anyone who saw your fall
6. Keep all records - Save medical bills, receipts, and accident reports
7. Contact an attorney - Reach out to a personal injury lawyer as soon as possible

Critical: Do NOT tell anyone you're "fine" or admit fault until you've seen a doctor and consulted an attorney.

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

In Texas, you have exactly two years from the date of your accident to file a premises liability lawsuit. If you miss this deadline, your case will be dismissed and you cannot recover any damages, no matter how valid your claim.

Important exceptions:

• Minors: If you were under 18 when injured, the two-year clock doesn't start until your 18th birthday
• Government property: If you fell on city, county, or state property in Austin, you must file formal notice with the responsible government agency within 45-90 days for city property or six months for state property
• Discovery rule: In rare cases where the injury wasn't immediately apparent, the statute may begin when you discovered the injury

Don't wait - insurance claims should be filed promptly, and evidence can disappear quickly.

What evidence do I need to prove my slip and fall case in Austin?

To win a slip and fall case in Texas, you must prove four elements:

1. A hazardous condition existed on the property
2. The property owner knew or should have known about it
3. The owner failed to fix it or warn you within a reasonable time
4. This negligence directly caused your injuries

Essential evidence includes:

• Scene documentation: Photos/videos of the hazard, lighting, floor conditions, and lack of warning signs
• Witness statements: Contact information and statements from anyone who saw the fall or knew about the hazard beforehand
• Medical records: Immediate medical documentation linking your injuries to the fall, plus all treatment records and expenses
• Property records: Incident reports, maintenance logs, prior complaints, inspection reports, and surveillance footage
• Your account: Detailed written description of what happened while details are fresh

Texas courts use the "preponderance of the evidence" standard - you must show it's more likely than not that the owner's negligence caused your injury.

Can I still sue if I was partially at fault for my slip and fall in Austin?

Yes, you can still recover damages as long as you're 50% or less at fault. Texas follows a "modified comparative negligence" rule with a 51% bar.

How it works:

• 0-50% your fault: You can still sue, but your compensation is reduced by your percentage of fault
• 51% or more your fault: You cannot recover anything

Example: If you're awarded $100,000 but found 20% responsible (perhaps you were texting while walking), you'd receive $80,000. But if you're 51% at fault, you get nothing.

Common partial fault arguments from property owners:

• You were distracted by your phone
• You were wearing inappropriate footwear
• You weren't watching where you were going
• The hazard was "open and obvious"

How much do slip and fall cases settle for in Austin/Texas?

Settlement amounts vary widely based on injury severity and case specifics:

• Minor injuries: $5,000 - $15,000
• Moderate injuries: $15,000 - $50,000
• Severe injuries: $50,000 - $100,000+
• Catastrophic injuries: $100,000 - $1,000,000+

Average settlement typically falls between $30,000-$50,000.

Factors affecting your settlement:

• Injury severity: Broken bones, head trauma, and permanent disabilities result in higher settlements
• Medical expenses: Total cost of treatment, rehabilitation, and future care needs
• Lost wages: Income lost while recovering, plus future earning capacity if permanently disabled
• Comparative fault: Your percentage of responsibility reduces your award
• Defendant's insurance: Available coverage limits
• Quality of evidence: Strong documentation increases settlement value

Remember: Texas comparative negligence means your settlement is reduced by your fault percentage (if you're 50% or less at fault).

Do I need a lawyer for my Austin slip and fall case, or can I handle it myself?

Hiring an experienced Austin slip and fall attorney is strongly recommended for several critical reasons:

Why you need a lawyer:

1. Legal complexity: Texas premises liability law requires proving the owner knew or should have known about the hazard - this is legally technical
2. Evidence gathering: Expert witnesses are often required to establish code violations and industry standards
3. Insurance company tactics: Insurers routinely undervalue or deny slip and fall claims, accusing victims of exaggerating injuries
4. Investigation requirements: Attorneys can obtain surveillance footage, maintenance records, and prior incident reports you can't access
5. Time pressure: You have only two years to file, and evidence disappears quickly
6. Maximizing compensation: Studies show represented claimants receive significantly higher settlements

Cost considerations: Austin slip and fall lawyers work on contingency fees - you pay nothing upfront. Fees (typically 33-40%) come only from your settlement or verdict. If you lose, you owe nothing.

What are Austin property owners legally required to do to prevent slip and fall accidents?

Texas law imposes different duties based on your legal status when you entered the property:

For "invitees" (customers, business visitors) - HIGHEST DUTY:

Property owners must:

1. Regularly inspect the premises for hazards (including unknown or hidden dangers)
2. Promptly repair any discovered defects
3. Warn visitors of dangers that may not be obvious
4. Maintain safe conditions - clean up spills immediately, warn of wet floors, de-ice walkways
5. Train employees to identify and respond to hazards promptly
6. Keep inspection records documenting their maintenance efforts

For "licensees" (social guests): Owners must warn about known hazards that aren't obvious, but they're NOT required to inspect for unknown dangers.

For "trespassers": Property owners owe minimal duty except to avoid intentionally harming trespassers.

Key legal standard: The owner knew or should have known about the hazardous condition through reasonable inspection practices.

How do I prove the property owner knew about the hazard that caused my fall in Austin?

Texas law recognizes two types of knowledge you can prove:

1. ACTUAL KNOWLEDGE (Stronger): The owner or their employees actually knew about the specific hazard before your fall.

Examples of proof:

• Someone reported the hazard to management or staff
• Security footage shows employees walking past the hazard
• Written maintenance requests or work orders documenting the condition
• Employee testimony confirming they saw the hazard
• Owner's own statements acknowledging they knew

2. CONSTRUCTIVE KNOWLEDGE (More Common): The hazard existed long enough that the owner should have discovered it through reasonable inspections.

Examples of proof:

• Water on floor for hours in a store that should inspect every 30 minutes
• Deteriorated conditions (crumbling steps, worn carpet) that developed over time
• Recurring problems in the same location
• Industry standards requiring more frequent inspections than the owner performed

Critical evidence to obtain: Surveillance video showing how long the hazard existed, maintenance logs revealing inspection schedules, prior incident reports at the same location, witness testimony about the hazard's duration, and store policies establishing required inspection frequencies.

What medical bills and other compensation can I recover in an Austin slip and fall case?

Texas law allows you to recover both "economic" and "non-economic" damages:

ECONOMIC DAMAGES (Tangible Losses):

• Medical expenses: Emergency room treatment, hospital stays and surgeries, doctor visits, physical therapy, prescription medications, medical equipment, and future medical care
• Lost wages: Income lost during recovery, sick leave or vacation days used, and future earning capacity if permanently disabled
• Other expenses: Property damage, transportation to medical appointments, home modifications if disabled

NON-ECONOMIC DAMAGES (Intangible Losses):

• Pain and suffering: Physical pain from the injury and emotional distress, anxiety, depression
• Loss of enjoyment of life
• Permanent scarring or disfigurement
• Loss of consortium (impact on marriage/relationships)

Calculating pain and suffering in Texas: Courts typically use the "multiplier method" - your economic damages (medical bills + lost wages) × a factor of 1.5 to 5, depending on injury severity.

Example: $30,000 in medical bills and lost wages × 3 multiplier = $90,000 additional for pain and suffering = $120,000 total.

CRITICAL LIMITATION: Texas comparative negligence reduces your award by your fault percentage (if you're 50% or less at fault).

How do I file an insurance claim for my slip and fall accident in Austin/Travis County?

Follow this step-by-step process:

STEP 1: Report the accident immediately - Notify the property owner or manager on-site when the fall occurs.

STEP 2: Identify the responsible insurance company - Ask the property owner for their liability insurance information.

STEP 3: File your claim - Submit a written claim including: date/time/location of accident, detailed description, photos/videos, witness contact information, medical records and bills, proof of lost wages, and your contact information.

STEP 4: What to expect - The insurer will assign a claims adjuster to investigate. CAUTION: Consult an attorney before giving a recorded statement.

STEP 5: Negotiate your settlement - Don't accept the first offer - it's almost always low.

CRITICAL DEADLINES:

• Insurance claim: File as soon as possible (most policies require immediate notice)
• Lawsuit: You have 2 years from the accident date to file in court if insurance negotiations fail
• Government claims: 45-90 day notice for Austin city property, or 6 months for state-owned locations

What if I fell in an Austin retail store or business - are they automatically liable?

No, businesses are not automatically liable just because you fell on their property. You must prove they were negligent under Texas premises liability law.

What you must establish:

1. Hazardous condition: Something dangerous existed
2. Owner knowledge: The business knew or should have known about it
3. Failure to act: They didn't fix it or warn you within a reasonable time
4. Causation: This negligence directly caused your fall and injuries

Common defenses businesses use: "Open and obvious" hazard you should have seen and avoided; no notice - hazard was so new they couldn't have known; your fault - you were distracted, running, or wearing inappropriate shoes; or pre-existing injury.

Factors that strengthen your case: Surveillance footage showing the hazard existed for significant time, prior complaints about the same hazard, violation of the store's own policies, employee testimony confirming they knew about the problem, and industry expert testimony establishing the store failed to meet reasonable safety standards.

What mistakes should I avoid after a slip and fall accident in Austin?

Avoid these critical mistakes that can destroy your claim:

1. NOT SEEKING IMMEDIATE MEDICAL ATTENTION - See a doctor within 24 hours, even if you feel okay.

2. GIVING A RECORDED STATEMENT TO INSURANCE - Politely decline and say, "I'd like to consult with an attorney first."

3. POSTING ON SOCIAL MEDIA - Make all accounts private and don't post anything about your case, injuries, or activities.

4. ADMITTING FAULT OR APOLOGIZING - Only state facts: "I fell because there was water on the floor."

5. ACCEPTING THE FIRST SETTLEMENT OFFER - Wait until you reach maximum medical improvement and know your full damages.

6. WAITING TOO LONG TO HIRE AN ATTORNEY - Consult an Austin attorney within days of your fall.

7. FAILING TO DOCUMENT EVERYTHING - Take photos, get witness info, keep medical records.

8. EXAGGERATING YOUR INJURIES - Credibility is everything - one lie destroys your entire case.

9. MISSING MEDICAL APPOINTMENTS - Attend every appointment and follow all doctor recommendations.

10. SIGNING ANYTHING WITHOUT LEGAL REVIEW - Have an Austin attorney review every document before signing.

Austin-specific tip: Texas is a comparative negligence state - even small mistakes suggesting you were partially at fault can reduce your compensation by that percentage. Protect your case by avoiding these errors from day one.

Legal Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Slip and fall cases are fact-specific and consequences vary. Consult with a licensed Texas personal injury attorney about your specific situation. The two-year statute of limitations is absolute—missing it results in loss of your claim.

Need Help with a Slip and Fall Injury in Austin?

Don't wait—the two-year deadline to file your claim is critical. Contact RRK Law at 512-436-2779 for a free consultation. R. Kiesling has defended over 100 cases in Travis County courts and knows exactly how to protect your rights.

Contact RRK Law Now →