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Austin Slip and Fall Lawyer

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Austin Slip and Fall Lawyer

A fall on a wet floor, broken stair, or cracked sidewalk can leave you with a serious injury and a property owner who insists it was your own fault. An Austin slip and fall lawyer can help you understand what Texas law requires you to prove and which deadline applies, which depends heavily on who owns the ground where you fell.

Breeland Injury Law represents people across Austin and Travis County who were hurt by dangerous conditions on someone else’s property, as part of our broader premises liability practice. Call 512-764-3380 or contact us to schedule a free consultation.

Why Choose Breeland Injury Law After a Fall in Austin

Why Choose Breeland Injury Law After a Fall in Austin

Many people have heard that they have two years to bring an injury claim. For some fall claims, the real deadline is far shorter, because a fall on City or county property starts a notice clock measured in days or months. Matt Breeland checks who owns and controls the property at the very start, so a shorter deadline does not slip by unnoticed.

His years on the defense side also taught him how property owners and their insurers argue that a hazard was obvious or that they had no chance to fix it. From the first conversation, you get honest answers about your claim.

What a Texas Slip and Fall Claim Has to Prove

Most slip and fall claims involve a customer or other invited visitor on business property. In general, that visitor has to show that:

  • The property owner or occupier knew, or reasonably should have known, about the dangerous condition
  • The condition posed an unreasonable risk of harm
  • The owner failed to use reasonable care to fix the hazard or warn about it
  • That failure caused the injury

The knowledge requirement is often the hardest part. An owner may be treated as having known about a hazard if an employee created it, someone reported it, or it existed long enough that a reasonable inspection would have found it. Photos, incident reports, and witness accounts help show how long a spill or defect was there.

How Long Do You Have to File a Slip and Fall Claim in Texas?

Generally two years from the day of the fall. Section 16.003 of the Texas Civil Practice and Remedies Code sets that deadline for most personal injury lawsuits, with a short list of exceptions, and a lawsuit filed after it is almost always barred. On government property, though, an earlier notice deadline comes first.

What If You Fell on City of Austin or Travis County Property?

You may have far less time. Under Section 101.101 of the Texas Civil Practice and Remedies Code, a governmental unit is generally entitled to written notice of a claim no later than six months after the incident, and a city charter can set a shorter period. The City of Austin asks for written claims within 45 days. These notice rules generally do not apply if the government already had actual notice of the injury, but whether that exception fits depends on the facts.

The duty owed changes too. Under Section 101.022 of the Texas Civil Practice and Remedies Code, a governmental unit generally owes only the duty a private owner owes a licensee, meaning someone simply permitted to be there, unless you paid to use the property. That limit does not apply to special defects, such as excavations or obstructions on roads, or to missing or malfunctioning traffic signs and signals.

Section 101.0215 of the Texas Civil Practice and Remedies Code lists city functions that can give rise to these claims, including parks and zoos, swimming pools and other recreation sites, and street construction and maintenance. Whether a city is actually liable still depends on the rest of the Texas Tort Claims Act and the facts of the fall.

Private Property or Public Property: Two Different Clocks

The same fall can follow two very different timelines depending on who owns the ground:

 Private propertyGovernment property
Filing deadlineTwo years from the day of the fall, with limited exceptionsGenerally the same two years, but only if written notice was given on time
Pre-suit noticeNone required by statuteWritten notice within six months, or as little as 45 days for the City of Austin, unless the government already had actual notice
Duty owed to a customerReasonable care to fix or warn about hazards the owner knew or should have known aboutGenerally the lower licensee duty unless you paid to use the premises, with special defects carved out
First stepPreserve proof of the hazardIdentify the governmental unit and its notice period

When ownership is unclear, the safest assumption is that the shorter government deadline may apply until someone confirms who owns the spot.

Can You Still Recover If You Were Partly at Fault?

Often, yes. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant whose share of responsibility is greater than 50% cannot recover. Below that bar, Section 33.012 reduces the damages by the claimant’s own percentage. For example, if a claim is valued at $50,000 and the injured person is found 10% responsible for not watching their step, the recovery would be $45,000. That example shows the math, not what any claim is worth.

Frequently Asked Questions

What Should I Do After a Fall in Austin?

Get medical care the same day if you can, and try to preserve evidence before the hazard is cleaned up. Helpful steps include:

  • Reporting the fall to a manager or the agency in charge, and asking for a written incident report
  • Photographing the hazard, the lighting, and your footwear from several angles
  • Getting names and phone numbers for anyone who saw the fall
  • Keeping the shoes and clothes you were wearing, unwashed

What Injuries Are Common in Slip and Fall Cases?

Falls often cause broken wrists, hips, and ankles, along with traumatic brain injuries from striking the floor and neck and back injuries that can require long-term treatment. Some of these injuries do not show their full effect until days later, which is one reason a prompt medical visit matters.

Does It Matter Whether I Was a Customer or a Guest?

Yes. Texas generally gives the strongest protection to customers and other visitors invited onto property for business purposes. Social guests and people who are simply permitted to be there are usually owed a lower duty, so your reason for being on the property can shape the claim.

Get Answers From an Austin Slip and Fall Lawyer

A fall can turn an ordinary errand into months of treatment and missed work, and the property owner’s insurer will likely say the hazard was your problem to avoid. At Breeland Injury Law, Matt Breeland can look at who owned the ground, which deadline applies, and what evidence still exists.

Hold on to the photos, the incident report, and the shoes you wore. For a free consultation with an Austin slip and fall lawyer, call 512-764-3380 or contact us today.

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