Slip and Fall Attorney — Conroe & Greater Houston, TX

Actual notice means the property owner or their employees knew about the dangerous condition — for example, a customer told a manager about a spill, or an employee saw it and did nothing. Constructive notice means the condition existed long enough that a reasonably diligent owner should have discovered it through ordinary inspection — for example, a spill spreading across a store aisle for over an hour during business hours.

Constructive notice is often proven through surveillance footage showing the timeline of the hazard, employee testimony about how frequently the area was inspected, and expert testimony about reasonable inspection standards for that type of property. Texas courts have found constructive notice where a hazardous condition existed for as little as 20–30 minutes in a busy commercial setting. Both forms of notice satisfy the knowledge element of a Texas premises liability claim.

Under Texas’s Proportionate Responsibility statute (CPRC § 33.001), you can still recover damages as long as your fault does not exceed 50%. Your recovery is reduced by your percentage of fault. A claimant found 30% at fault on a $100,000 claim recovers $70,000.

Property owners routinely argue that the hazard was “open and obvious” or that you were distracted or not looking where you were walking. Both are comparative fault arguments designed to reduce their payment obligation. An attorney can challenge these arguments by establishing that the condition was not reasonably avoidable even for an attentive person, and by introducing evidence of your actual conduct at the time of the fall.

Yes. Under the attractive nuisance doctrine, Texas property owners may owe a duty of care even to child trespassers when a condition on the property is likely to attract children and poses an unreasonable risk of harm. To apply, the owner must have known or should have known that children were likely to trespass, and the risk of harm must outweigh the cost of eliminating or guarding the danger.

Common attractive nuisances include unfenced swimming pools, construction equipment, abandoned machinery, and open excavations. Unfenced residential pools are the most frequently litigated category in Texas attractive nuisance cases. This doctrine can be critical in cases involving child drowning or serious injury on a neighbor’s or commercial property.

Texas Civil Practice and Remedies Code § 16.003 provides a two-year statute of limitations for premises liability and slip and fall claims from the date of injury. For claims involving government-owned property — a city sidewalk, public school, or municipal building — a 6-month notice of claim under the Texas Tort Claims Act may apply before a lawsuit can be filed.

The practical deadline is far earlier than the legal one. Surveillance footage is typically overwritten within 24–72 hours. Physical hazards are remediated quickly. Prior incident reports may only be retained for a limited period. Every day without a preservation demand is a day the evidence you need to win may be getting permanently destroyed. Contact an attorney as soon as possible after your injury.