Is a store automatically liable if I fall inside?

No. Texas requires proof that the store knew or should have known about the specific hazard and did not fix it or warn you in a reasonable time. A spill that happened seconds before you stepped in it may not be enough. That is why evidence of how long the condition existed, such as video, logs and witnesses, decides these cases, and why we move fast to preserve it.

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

Two years from the date of the fall under Texas Civil Practice and Remedies Code section 16.003. If the property belongs to the City of El Paso, El Paso County, UTEP, a school district or another government body, the Texas Tort Claims Act requires formal written notice within six months, and some city charters shorten that further. Video is typically gone in weeks, so do not wait.

Do I have to go to court for a slip and fall case in El Paso?

Most premises claims settle with the property's insurer through a demand and negotiation, with no lawsuit and no court appearance. Because insurers often dispute knowledge of the hazard, fall cases are filed somewhat more often than car crash cases. If suit is necessary, you would give a deposition and attend mediation, where the great majority resolve. We prepare you for each step.

What if I fell at work in El Paso?

If your employer carries Texas workers' compensation, that system generally covers your injury and limits a lawsuit against the employer, though a claim may still exist against a third party such as a property owner or contractor. Texas does not require workers' compensation, and employees of non-subscriber employers can sue the employer directly for negligence. We review which situation applies during your free consultation.

How much is a slip and fall case worth?

It depends on the injury, the medical bills actually paid or owed, lost income, lasting impairment, and how clearly the owner's fault can be proven. A wrist sprain and a hip fracture requiring surgery are very different claims. We do not quote values before reviewing the facts, and no honest lawyer guarantees a result. What we can promise is that the demand will document every category of damages Texas law allows.

Slip and Fall Lawyer El Paso

El Paso Slip and Fall Lawyer — Premises Liability Claims That Hold Up

Falls on wet floors, broken stairs and unlit parking lots cause serious injuries. We prove the property owner knew about the hazard and pursue your claim with no attorney's fee unless we recover.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

A slip and fall claim, known in Texas law as premises liability, is for anyone injured by a dangerous condition on someone else's property: a spilled drink left on a grocery store aisle, an unmarked step at a restaurant, a broken handrail at an apartment complex, ice near an entrance on a rare El Paso winter morning, or a pothole in an unlit parking lot off Montana or Dyer. These falls cause hip and wrist fractures, torn knees and shoulders, back injuries and concussions, and older El Pasoans are hurt most often and most severely. Navar Law represents people injured at stores, restaurants, apartment complexes, hotels and workplaces across El Paso County.

Texas premises liability is harder to prove than a car crash. For an invitee such as a customer, you must show the owner knew or reasonably should have known about the unreasonably dangerous condition, failed to fix it or warn you, and that this caused your injury. That knowledge element is where most unrepresented claims fail. The two-year filing deadline in Civil Practice and Remedies Code section 16.003 applies, Chapter 33 reduces your recovery by your own share of fault, and claims against the City of El Paso, the County or a school district fall under the Texas Tort Claims Act (Civil Practice and Remedies Code Chapter 101), which requires written notice within six months and caps damages.

Our first job is to lock down proof before it disappears: a written demand that the business preserve surveillance video, the incident report, cleaning and inspection logs, and prior complaints about the same hazard. We interview witnesses, photograph the scene, and document your treatment and lost income. Then we send a demand to the property's liability insurer. Most El Paso slip and fall claims settle at this stage without a lawsuit or court appearance. If the insurer denies knowledge of the hazard and refuses a fair offer, we file suit in El Paso County with your approval and use discovery to obtain the records they would not hand over voluntarily.

What you should do right after a fall

Report the fall to the manager and ask for a written incident report, but do not sign a statement or say you were not hurt. Photograph the hazard, your shoes, the lighting and any missing warning signs before the area is cleaned. Get the names and numbers of anyone who saw you fall or saw the condition beforehand. Seek medical care the same day; a gap between the fall and your first visit is the insurer's favorite argument. Keep the shoes and clothing you were wearing.

Then call us before you talk to the store's insurer. Surveillance systems at many El Paso businesses overwrite footage in as little as 7 to 30 days, and a preservation letter is the only reliable way to keep the video that shows how long the hazard was there.

Proving the property owner knew about the hazard

Texas courts require actual or constructive knowledge, meaning the condition existed long enough that a reasonable owner should have found it. Evidence that carries this burden includes surveillance video showing the spill sitting for twenty minutes, inspection logs with gaps, employee testimony about a recurring leak, prior incident reports at the same spot, and building code violations such as stair risers of uneven height or missing handrails. A hazard the owner created, like mopping without cones, proves knowledge on its own. We build this record deliberately because it is what turns a denied claim into a paid one.

What's included

Free consultation and written contingency agreement — nothing upfront
Evidence preservation letter for video, incident reports and inspection logs
Scene investigation, photographs and witness statements
Identification of the property owner, manager and liability insurer
Medical records, bills and wage-loss documentation organized and summarized
Demand package to the insurer, negotiation and lien reduction
Lawsuit filed in El Paso County if the insurer refuses a fair offer

How it works

1. Free consultation and preservation demand

We review how and where you fell, your injuries and the photos you have. If the case is viable, we sign a contingency agreement and immediately send a preservation letter so video and records are not destroyed.

2. Investigation and treatment

We gather witness statements, inspection records and building-code evidence while you follow your doctor's plan. We track every bill and missed shift so the demand reflects your real losses.

3. Demand and settlement

Once treatment ends we present a documented demand and negotiate with the insurer. Most El Paso fall claims settle here. If they refuse a fair offer, we discuss filing suit and you decide.