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Austin Slip and Fall Lawyer

Reviewed by Michael Erskine | Texas Personal Injury Attorney | Last Reviewed Oct. 2026

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11606 N Interstate Hwy 35 Austin, TX 78753
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135 W Slaughter Lane Ste. A Austin, TX 78748

Slip and Fall Accidents Can Happen Anywhere in Austin

Slip and fall accidents can result in serious injuries, but a fall on someone else’s property does not automatically make the property owner or business liable. Under Texas premises liability law, an important question is whether a condition on the property posed an unreasonable risk of harm under the circumstances.

Texas courts distinguish unreasonably dangerous conditions from commonplace or easily avoidable conditions. As a result, a property condition does not necessarily create premises liability simply because someone encountered it and was injured. Whether a condition presents an unreasonable risk of harm depends on the specific facts and circumstances.

If you have suffered injuries in a slip and fall accident in Austin or the surrounding area, an Austin personal injury lawyer can help you understand your legal rights and pursue any possible compensation for medical expenses and other damages.

Person slipping on a wet floor inside a commercial building in Austin, Texas.

Common Causes of Slip and Fall Accidents

Austin’s rapid population growth has brought new shopping centers, apartments, restaurants, entertainment venues and office buildings throughout the city. When an unreasonably dangerous property condition contributes to a serious injury, determining who controlled the property, what they knew about the condition and what steps they took in response can become important.

 Common causes of falls include:

  • Wet floors
  • Recently mopped surfaces without warning signs
  • Spilled liquids
  • Uneven sidewalks
  • Broken pavement
  • Loose flooring
  • Torn carpeting
  • Poor lighting
  • Loose handrails
  • Broken staircases
  • Cluttered walkways
  • Exposed electrical cords
  • Weather-related hazards
  • Parking lot defects

The circumstances surrounding every fall are different. Slip and fall accidents can involve a variety of property conditions, but the existence of one of these conditions does not necessarily mean a property owner is legally responsible.

Where Do Slip and Fall Accidents Happen?

Slip and fall injuries can happen almost anywhere. Some of the most common locations include:

  • Grocery stores
  • Retail stores
  • Restaurants
  • Hotels
  • Apartment complexes
  • Parking lots
  • Sidewalks
  • Office buildings
  • Hospitals
  • Nursing homes
  • Entertainment venues
  • Construction sites

The ongoing commercial growth in Austin means visitors often find new businesses and properties with varying maintenance responsibilities. Property insurance and liability information from the Texas Department of Insurance can help to understand available legal options.

When Can an Austin Property Owner Be Responsible for a Slip and Fall?

A property owner, occupier or other party responsible for a premises is not automatically liable whenever someone falls on the property. In a Texas premises liability case, the applicable legal duties and requirements depend on the circumstances, including the injured person’s status on the property.

A slip and fall claim may require evidence that:

  • A condition posed an unreasonable risk of harm
  • The responsible party had actual or constructive knowledge of the condition
  • The party failed to take reasonable steps required under the circumstances to reduce or eliminate the risk
 

The condition must also have caused the person’s injuries. Evidence relevant to these issues may include inspection procedures, maintenance records, surveillance footage, incident reports, photographs and witness statements.

What Must Be Proven in a Texas Slip and Fall Case?

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Not every fall results in premises liability. Depending on the circumstances, an injured person pursuing a Texas premises liability claim may need to establish that:

  • A condition on the property posed an unreasonable risk of harm.
  • The property owner or occupier had actual or constructive knowledge of the condition.
  • The responsible party failed to take reasonable steps required under the circumstances to reduce or eliminate the risk.
  • The condition caused the person’s injuries.
  • The injured person suffered legally compensable damages.
 

The specific requirements depend on the circumstances of the case, including the injured person’s status on the property. Because property conditions can change quickly, photographs, surveillance footage, incident reports, witness statements and maintenance or inspection records may become important evidence.

Common Slip and Fall Injuries

Falls can cause bruises, but they often result in other common injuries. Victims of slip and fall accidents may suffer:

  • Broken hips
  • Wrist fractures
  • Ankle fractures
  • Knee injuries
  • Shoulder injuries
  • Back injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Neck injuries
  • Soft tissue injuries
 

Older adults who slip and fall can often experience severe injuries, with the Centers for Disease Control and Prevention (CDC) recording more than 43,000 deaths in 2024 caused by falls among adults 65 or older. Understanding fall prevention for older adults can reduce the risks of fall injuries.

Video: How Can a Slip and Fall Injury Lawyer Help?

What Should You Do After a Slip and Fall Accident?

The actions taken immediately after a fall may help protect both your health and any future claim. Steps you should consider taking after a slip and accident include:

  • Reporting the accident immediately.
  • Seeking medical treatment.
  • Photographing the hazard.
  • Photographing your injuries.
  • Collecting witness information.
  • Requesting an incident report.
  • Preserving your shoes and clothing.
  • Avoiding recorded statements before understanding your legal rights.
  • Following your physician’s treatment recommendations.
 

Even if injuries seem minor at first, some conditions may not be visible or can worsen over time.

Store aisle hazard that may contribute to a slip and fall accident.
Person slipping on a wet sidewalk outside a commercial building in Austin, Texas.

Who May Be Liable?

Responsibility for a slip and fall can depend on who owned, occupied, controlled or was responsible for maintaining the area where the accident occurred. Depending on the circumstances, potentially responsible parties may include:

  • Property owners
  • Commercial tenants
  • Retail businesses
  • Restaurants
  • Apartment complexes
  • Property management companies
  • Maintenance contractors
  • Cleaning companies
 

Determining whether any of these parties may be liable can require reviewing property-control agreements, leases, maintenance records, inspection procedures and other evidence concerning the condition that caused the fall.

Slip and Fall Accidents at Austin Businesses

Austin’s thriving business community means many slip and fall accidents occur at commercial properties. These may include:

  • Grocery stores
  • Big box retailers
  • Restaurants
  • Shopping centers
  • Entertainment venues
  • Hotels
  • Office complexes
 

A business is not automatically liable because a customer falls on its property. Whether a business may be responsible depends on factors including the condition involved, whether it posed an unreasonable risk of harm, what the business knew or reasonably should have known about it and how the business responded under the circumstances.

Apartment Complex Slip and Falls

The rapid growth in Austin has increased the number of apartment complexes, which can create unique hazards without proper maintenance, including:

  • Broken sidewalks
  • Poor lighting
  • Stairway defects
  • Pool deck hazards
  • Ice machines leaking water
  • Uneven pavement
 

Liability for a fall at an apartment complex can depend on where the condition was located, who controlled or was responsible for maintaining that area, whether the condition posed an unreasonable risk of harm and what the responsible party knew about it.

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What Compensation May Be Available?

Depending on the circumstances, potential compensation may include:

  • Emergency medical care
  • Future medical treatment
  • Lost wages
  • Reduced earning capacity
  • Physical pain
  • Mental anguish
  • Physical impairment
  • Permanent disability
  • Disfigurement
 

Each claim depends upon its own facts and the extent of the injuries.

Texas Modified Comparative Responsibility

Texas follows a modified comparative negligence system under Chapter 33 of the Civil Practice and Remedies Code. According to this system, if an injured person is found partially responsible for a fall, their compensation may be reduced.

In some situations, recovery may be barred if the injured person is more than 50% responsible. This is one reason that determining fault is often one of the most heavily disputed issues in premises liability cases.

Slip and Fall FAQ

What should I do after slipping and falling?

Seek medical attention, report the incident, document the hazard and preserve potential evidence if possible.

Can I recover compensation if I was partially at fault?

Possibly. Texas follows modified comparative negligence rules, and each case depends on its specific facts.

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

Texas law generally allows two years from the date of the accident to file personal injury claims. Speaking with an attorney can help you understand your legal options and preserve evidence.

What if there wasn’t a warning sign?

The absence of a warning sign does not automatically establish liability. Whether a warning was required or adequate depends on the condition and circumstances. A premises liability claim may also require evidence that the condition posed an unreasonable risk of harm and that the responsible party had actual or constructive knowledge of it.

What evidence helps prove a slip and fall case?

Photographs, surveillance footage, witness statements, incident reports, maintenance records and medical records can become important evidence.

Are apartment complexes responsible for falls?

Sometimes. Liability depends on where the fall occurred and who was responsible for maintaining the area where the accident happened.

Speak With an Austin Slip and Fall Lawyer

A serious fall can affect every aspect of your life, including your physical recovery, ability to work and medical expenses. If you were injured because of a property condition that may have posed an unreasonable risk of harm, understanding your legal rights is an important first step.

If you were injured in a slip and fall accident in Austin or the surrounding area, The Carlson Law Firm can investigate the circumstances and help determine whether a premises liability claim may be available. Contact us to schedule a free consultation with an Austin slip and fall lawyer.

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