A quick trip to the store can turn into a painful and stressful experience if you suddenly slip and fall. Wet floors, uneven surfaces, poor lighting, or cluttered aisles can all lead to serious injuries — from broken bones to head trauma.
If this happens, you might assume the store is automatically responsible. But in Texas, proving a premises liability case requires specific evidence. The success of your claim depends on how well you can show that the property owner’s negligence directly caused your injury.
Here’s what you need to know — and what kind of evidence can make or break your case.
1. Proving Negligence Is the Key
In a Texas premises liability claim, the main question is whether the store or property owner acted negligently. To prove that, you must show:
- The store had a duty of care to maintain the property's safety.
- The store was aware of or should have been aware of the dangerous condition.
- The store failed to address or warn about the hazard in a reasonable amount of time.
- You were injured as a result of that failure.
For example, if an employee mops the floor but doesn’t put up a “Wet Floor” sign, or if a spill remains unnoticed for hours, that could be considered negligence.
2. Take Photos and Video Immediately
If you’re able, take clear photos or videos of the area where you fell — before it’s cleaned up or repaired. Focus on:
- The floor surface or hazard (liquid, debris, ice, etc.)
- Any missing warning signs or barriers
- The lighting conditions
- Your injuries and damaged clothing or footwear
This evidence is crucial because many stores have surveillance systems, and their footage can be easily deleted or destroyed. Your own documentation provides a timestamped record of what really happened.
3. Get Witness Information
If anyone saw you fall or noticed the unsafe condition beforehand, their statements can support your case. Request their names and contact information immediately.
Employees, other shoppers, or even maintenance staff can provide valuable testimony confirming that the store had notice of the hazard.
4. File an Incident Report — But Be Careful What You Say
Most stores require an incident report when someone is injured. Complete it, but keep your comments factual and brief. Avoid speculating about why you fell or downplaying your injuries.
Request a copy of the report if possible, and note the names of any employees you spoke with. This report will help establish that the incident occurred and when it was reported.
5. Seek Medical Attention and Keep All Records
Even if your injuries seem minor at first, get checked by a medical professional right away. Some conditions, such as head injuries or back pain, can worsen over time.
Keep copies of:
- Medical evaluations and treatment plans
- Bills and receipts
- Work notes or doctor’s restrictions
These records will connect your injuries directly to the fall and show how the incident has affected your life physically and financially.
6. Contact an Experienced Texas Premises Liability Lawyer
Stores and their insurance companies often move fast to protect themselves after an accident. They may claim you weren’t watching where you were going or that the hazard appeared just before you fell.
KRW Lawyers knows the tactics these companies use — and we don’t let them take advantage of injured Texans. Our team will investigate your case, secure video evidence, interview witnesses, and fight for the compensation you deserve.
San Antonio Slip & Fall Lawyers
If you’ve been injured in a Texas store, don’t assume it’s just bad luck. You have rights, and you may be entitled to compensation for your medical bills, pain, and lost income.
Contact KRW Lawyers today at (855) 770-4045 for a free consultation. We’ll review your case, explain your options, and help you hold negligent property owners accountable.