Winning a slip and fall case in Texas often comes down to one thing: proving the property owner knew about the hazard that injured you.
Not just that you got hurt. You’ve got to show they knew about it or should have known about it.
And that’s where most of these cases get won or lost.
The Two Types Of Notices In Premises Liability
Texas law splits this into two categories, and you need to understand both if you’re going to have any shot at winning your case.
Actual Notice
This one’s straightforward. Actual notice means somebody at that business directly knew about the hazard. An employee saw the spill. The manager got a complaint about the broken step. Someone reported the problem, and there’s a record of it.
When we can prove actual notice, it makes our job a whole lot easier.
Constructive Notice
Most cases turn on constructive notice. What this means is the property owner should have known about the dangerous condition because it was there long enough that any reasonable inspection would’ve caught it.
If there’s a spill on the floor for three hours in a busy grocery store, the owner had constructive notice. Same thing with a crack in the sidewalk that’s been there for six months. Nobody has to tell them it’s there for them to be responsible for it.
Evidence That Proves Knowledge
So how do we actually prove any of this? You need evidence. Specific evidence. And the sooner you get it, the better.
Incident Reports and Complaints
Previous incident reports are probably the best evidence you can find. If three other people slipped in that same spot over the past year, the owner can’t stand there and say they had no idea it was dangerous.
Maintenance Records
Every commercial property should have maintenance logs. These show when they inspected, what they found, and what they fixed. Or more importantly, what they didn’t fix.
Sometimes we’ll find notes that say something like “broken tile in aisle 3, schedule repair.” Then we find out that the note was written four months before your accident, and nobody ever scheduled anything.
Surveillance Footage
Security cameras can make or break your case. They don’t just show your fall. They show how long that hazard was sitting there before you ever walked through the door.
We’ve won cases where footage showed a wet floor that sat there unmarked for two hours while employees walked past it multiple times. But you’ve got to move fast. Most systems record over footage after 30 days, sometimes sooner.
Witness Statements
Other customers, employees who were working that day, and delivery drivers who noticed the problem. Anyone who saw that hazard before your accident becomes a valuable witness.
People’s memories fade. The longer you wait to get statements, the less helpful they become.
Photos and Physical Evidence
Take pictures immediately if you can. Documentation matters more than you might think.
What should you photograph?
- Any debris or dirt buildup that shows the area hasn’t been maintained
- Worn surfaces that have been getting worse over time
- Spots where warning signs should be, but aren’t
Sometimes a photo reveals things that become important later. Maybe there’s a stain pattern showing that the leak has been dripping for weeks.
The Reasonable Inspection Standard
Courts in Texas apply what’s called a “reasonable inspection” standard. Property owners have to inspect their premises regularly, but how regularly depends on the type of property and how many people are walking through it.
A Walmart on a Saturday afternoon? They need to inspect constantly. A small office building with 20 employees? Once a day might be reasonable.
We bring in evidence of industry standards all the time. If the national retail federation says stores should inspect high-traffic areas every hour, and this store only inspected twice a day, that’s unreasonable.
Time Limits For Gathering Evidence
You don’t have forever to build your case. Texas gives you a limited window to file, and beyond that, evidence just naturally disappears. Businesses fix problems. Security footage gets deleted.
A Grand Prairie slip and fall lawyer can send what’s called a preservation letter immediately after your accident. This letter legally requires the property owner to preserve all surveillance footage, maintenance records, and incident reports.
Without that letter, evidence vanishes.
Why Professional Legal Help Matters
Proving that a property owner knew about a dangerous condition requires understanding premises liability law, knowing exactly what evidence to request, and recognizing when property owners are hiding information.
Most people can’t handle this while they’re recovering from injuries and dealing with medical bills.
We investigate every Grand Prairie slip and fall case at Brandy Austin Law Firm the same way. We dig into maintenance records. We interview witnesses before their memories fade. We preserve evidence before it disappears.
Contact our firm. We’ll sit down, talk about what happened, and figure out what evidence we can gather to support your claim.