Frequently Asked Questions

Straight answers about your slip and fall claim.

Common questions about slip, trip and fall cases in McAllen and San Juan — whether you have a case, how we prove the owner had notice, the 'open and obvious' defense, and what your claim is worth. Still have questions? We're available 24/7.

Slip & fall FAQs

Do I have a slip and fall case in Texas?

You may, but a fall alone isn't enough. Texas premises liability law requires proof that the property owner created the dangerous condition, actually knew about it, or should have discovered it with a reasonable inspection — and then failed to fix it or warn you. We investigate to prove that 'notice,' which is the heart of every slip and fall claim. The review is free.

I fell at H-E-B, Walmart or another big store — can I file a claim?

Yes — large retailers like H-E-B, Walmart, Target, Costco, Sam's Club, Home Depot, Lowe's, Ross, Burlington, Dollar General, Walgreens and CVS owe every shopper a reasonably safe store. A premises-liability claim isn't an accusation that the store is 'bad'; it's a claim that the property owner failed to keep the premises safe — a spill left without a warning sign, a pothole in a dark parking lot, a broken stair. These companies have insurance and in-house legal teams built to minimize payouts, so it's important to have your own attorney. We investigate the specific store where you fell and hold the responsible owner accountable.

How do you prove a store knew about the hazard?

We move quickly to preserve surveillance video before it's recorded over, and we demand the store's cleaning logs, inspection schedules, maintenance records, and prior incident reports. Time-stamped video showing a spill sitting for 20 minutes, or a sweep log that was never signed, is powerful proof the owner had notice and did nothing. The longer you wait, the more of this evidence disappears.

What if the store says the hazard was 'open and obvious'?

That's the defense stores use most: claiming the danger was so obvious you should have avoided it. We beat it by showing the hazard was hidden, poorly lit, or in a spot you couldn't reasonably watch while shopping, and that the store still had a duty to keep its premises safe. Even if you're found partly at fault, Texas lets you recover as long as you're 50% or less responsible.

What should I do right after a fall in a store or apartment?

Report it to a manager and ask for a written incident report. Take photos of the exact hazard — the spill, the broken stair, the missing sign, the bad lighting — before anyone cleans it up. Get the names of witnesses, keep the shoes and clothes you were wearing, and see a doctor the same day. Then call us before giving any statement to the store's insurance company.

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

In most Texas premises liability cases the statute of limitations is two years from the date of the fall. But the most important evidence — surveillance video and cleaning logs — can be erased in days or weeks, so it's critical to call us as soon as possible to preserve it. Claims against a city or government property can have much shorter notice deadlines.

How much is my slip and fall case worth?

It depends on the severity of your injury, your medical bills, lost income, how the fall has changed your daily life, and the strength of the evidence that the owner was negligent. Broken bones, herniated discs, and head injuries from a fall can be worth far more than the store's first offer. We evaluate your case for free and give you an honest assessment — no false promises.

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