Slip and fall injuries in Texas fall under premises liability. Texas law distinguishes between invitees, licensees and trespassers, and requires proof that the property owner knew or should have known of the dangerous condition. Chapter 95 of the Texas Civil Practice and Remedies Code provides additional protections for property owners in construction and maintenance cases, but those protections have exceptions when the owner had actual knowledge.
An invitee is on the property for the owner's business benefit, such as a grocery store customer. A licensee is there with permission but for their own purpose, like a social guest. Texas requires different duties for each. For invitees, the owner must warn of known dangers and make reasonable inspections. For licensees, the duty is to warn of known hidden dangers.
Texas requires proof the owner had actual or constructive knowledge of the hazard. Constructive knowledge can be shown by how long the hazard existed, prior complaints, or lack of inspection procedures. Evidence includes incident reports, surveillance video, maintenance logs, and witness testimony about how long the spill or hazard was present.
Photograph the hazard, surrounding area, lack of warning signs, and your injuries. Get the incident report number and names of witnesses. Request preservation of surveillance video - many Texas stores overwrite video within 72 hours. Keep shoes and clothing. Texas has a two-year statute under §16.003.
Lack of warning sign is relevant but not automatically liability in Texas. You must still show the owner knew or should have known of the hazard and failed to make it reasonably safe or warn. Warning sign evidence goes to breach of duty.
Two years under §16.003. If the property is owned by a city or state entity, Texas requires formal notice within six months under §101.101.
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