Property owners who create dangerous conditions must be held accountable. Baker Matthews pursues full compensation for premises liability victims across Austin and Travis County.
Call (512) 474-0100 Free Case ReviewSlip and fall accidents are among the most common — and most dismissed — personal injury claims. Insurance companies and property owners routinely argue that the hazard was "obvious" or that the injured person was not looking where they were going. These defenses are often unfair and legally incorrect. Under Texas premises liability law, property owners have a legal duty to maintain reasonably safe conditions for visitors. When they fail, and someone is hurt, they are responsible.
Slip and fall injuries can be severe: broken wrists, hips, and ankles from breaking a fall; spinal injuries from being thrown backward; traumatic brain injury from striking the head on hard flooring or shelving. These are not minor inconveniences — they can require surgery, months of rehabilitation, and result in permanent disability, particularly in older adults.
Baker Matthews Law Collective PLLC has handled premises liability cases throughout Travis County and Central Texas. Our attorneys Alex J. Matthews and Daniel Baker know how to prove the key elements of a Texas slip and fall claim — and how to counter the arguments that large retailers, restaurant chains, and property managers use to avoid accountability.
Prior results do not guarantee a similar outcome.
Prior results do not guarantee a similar outcome. Each case is unique.
Slip, trip, and fall accidents happen everywhere — but certain property types generate far more claims than others:
Texas premises liability claims require proving specific elements. Understanding them helps explain why evidence gathered immediately after the fall is so critical:
The duty a property owner owes depends on your status at the time of the injury. Invitees — customers in a store, guests at a hotel, patrons at a restaurant — are owed the highest duty: the owner must inspect the premises and correct or warn of known and discoverable hazards. Licensees — social guests — are owed a duty to warn of known hazards only. Trespassers receive minimal protection under most circumstances. Most slip and fall victims are invitees — they get the strongest legal protection.
To win a slip and fall case in Texas, you must prove the property owner or its employees had actual or constructive notice of the hazardous condition. Actual notice means they knew about it. Constructive notice means the condition had existed long enough that reasonable inspection would have revealed it. Surveillance video, employee maintenance logs, prior incident reports, and witness testimony about how long the hazard existed are all critical evidence for establishing notice.
The condition must have been unreasonably dangerous, and it must have caused your injury. Defense lawyers frequently argue the hazard was "open and obvious" — a legal argument in Texas that can reduce or eliminate recovery. We anticipate and counter this defense with evidence of inadequate warning, poor lighting, and the specific circumstances that made the hazard non-obvious to a reasonable person.
See also our pages on wrongful death (when a fall is fatal) and dog bites (another premises liability area).
The biggest hurdle in most slip and fall cases is proving the owner knew or should have known about the hazard. We know how to obtain surveillance footage, maintenance logs, and prior incident reports through the discovery process — and we act quickly before they can be lost or destroyed.
National retailers and their insurance carriers have experienced claims teams. Our attorneys have faced these insurers before and know how to build cases that compel fair settlement — and how to win at trial when they refuse.
Many slip and fall accidents happen in workplaces and stores frequented by Austin's Spanish-speaking community. Baker Matthews provides full bilingual service so every client can communicate clearly and comfortably.
Premises liability cases can be expensive to pursue — requiring video subpoenas, expert witnesses, and deep investigation. We fund everything on contingency. You owe nothing unless we win.
You must prove: (1) the property owner owed you a duty of care (you were an invitee or licensee); (2) a dangerous condition existed; (3) the owner had actual or constructive notice of that condition; (4) the owner failed to correct or adequately warn of it; and (5) that failure caused your injuries. The notice element is usually the most contested part of a Texas slip and fall case.
Yes. Large retailers and restaurant chains are not immune from premises liability. In fact, stores like HEB and Walmart have in-house claims teams and sophisticated defenses — which is exactly why you need experienced legal representation. We have handled claims against major national and regional businesses operating in the Austin area.
Possibly. A wet floor sign satisfies the warning obligation only if it was placed in a position where a reasonable person would see and heed it. If the sign was inadequate, hidden, or the hazard extended beyond the warned area, the owner may still be liable. The existence of a sign does not automatically bar your claim.
Texas's 51% comparative fault rule applies. If you are found partially at fault — for example, for not watching where you were walking — your recovery is reduced by your percentage of fault. As long as you are not more than 50% at fault, you can still recover. Insurers routinely try to assign fault to the victim to reduce their payout; we push back with evidence.
Two years from the date of the accident under Texas Civil Practice & Remedies Code §16.003. If a government entity owns or maintains the property (city sidewalk, public building), a notice of claim may be required within six months. Do not wait — surveillance footage and maintenance records can disappear quickly without a legal hold letter.
Claims against Texas governmental entities — including the City of Austin, Austin ISD, or Travis County — require compliance with the Texas Tort Claims Act, including a formal notice of claim filed within six months of the incident. These claims are more technically complex and require prompt action. Contact us immediately if a government property was involved.
Property owners have legal teams protecting their interests. You should too. Call Baker Matthews for a no-cost case evaluation.
Call (512) 474-0100 Free Case Evaluation