Wichita Falls Slip and Fall Attorney

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A slip and fall accident in Wichita Falls can change your life in an instant. One moment you are shopping at a store near Sikes Senter Mall or walking through a parking lot off Kemp Boulevard, and the next you are on the ground with a broken bone, a head injury, or a torn ligament. These accidents are not minor inconveniences. According to the CDC, more than 800,000 people require hospitalization every year due to slip and fall injuries, and one in five falls results in a serious injury such as broken bones or head trauma. If someone else’s negligence caused your fall, you have legal rights under Texas law, and Chandler Ross Injury Attorneys is ready to fight for you.

Table of Contents

Texas Premises Liability Law: What Gives You the Right to Sue After a Slip and Fall

Slip and fall claims in Texas fall under premises liability law, which holds property owners responsible for injuries caused by unsafe conditions on their property. Texas premises liability is governed by the Texas Civil Practice and Remedies Code, and the core principle is straightforward: property owners must maintain their premises in a reasonably safe condition for visitors.

Your legal status on the property at the time of the fall matters a great deal. Texas law divides visitors into three categories: invitees, licensees, and trespassers. Each category carries a different level of protection.

Invitees receive the highest duty of care. If you were a customer at a grocery store on Lawrence Road, a shopper at a retail center near Southwest Parkway, or a patient at a medical building, you were an invitee. The property owner owed you a duty to inspect the premises regularly, fix known hazards, and warn you about dangers they knew or should have known about through reasonable inspection.

Licensees, such as social guests, receive a lower level of protection. The property owner must warn a licensee about non-obvious dangers the owner already knows about, but the owner has no duty to inspect for hazards they are unaware of.

Trespassers generally receive the least protection, though Texas law carves out specific exceptions, including the attractive nuisance doctrine for children under Texas Civil Practice and Remedies Code Section 75.007.

To win a premises liability claim, you must prove that a dangerous condition existed on the property, that the owner had actual or constructive knowledge of it, that the owner failed to fix or warn about it, and that this failure directly caused your injuries. Constructive knowledge means the hazard existed long enough that a reasonable inspection would have discovered it. For example, if a spill sat on a supermarket floor near a Wichita Falls shopping center for an hour before you slipped, the store likely had constructive knowledge of the hazard.

The personal injury lawyers at Chandler Ross Injury Attorneys understand exactly how these legal standards apply to your case, and we are ready to help you build a strong claim.

Common Locations and Causes of Slip and Fall Accidents in Wichita Falls

Slip and fall accidents happen in predictable places, and Wichita Falls is no different from any other Texas city. Knowing where these accidents occur most often can help you understand whether your injury qualifies as a premises liability claim.

Retail stores and grocery stores are among the most frequent locations. A wet floor near a refrigeration unit, a freshly mopped aisle without a warning cone, or a loose floor mat near an entrance can send a shopper to the ground in seconds. Stores along Kemp Boulevard and near the Sikes Senter Mall area see heavy foot traffic daily, which increases the risk of these hazards going unnoticed.

Restaurants and fast-food locations are also common sites. Grease near cooking stations, spilled drinks in dining areas, and slippery tile floors near restrooms all create serious fall hazards.

Parking lots and sidewalks cause a significant number of falls. Cracked pavement, potholes, uneven curbs, and poor lighting in commercial parking areas near Lucy Park or along Kell Freeway can make walking dangerous, especially at night.

Apartment complexes and rental properties carry their own risks. Broken stairs, damaged handrails, and poorly lit walkways are maintenance failures that landlords have a legal duty to address.

Government-owned properties, such as sidewalks near the Wichita County Courthouse or public parks, fall under a different legal framework. Claims against governmental entities in Texas are governed by the Texas Tort Claims Act, found at Texas Civil Practice and Remedies Code Title 5, Chapter 101. This law partially waives the government’s immunity from lawsuits but imposes strict notice requirements. Under Texas Civil Practice and Remedies Code Section 101.101, you must give written notice of your claim to the government unit no later than six months after the incident.

Workplace falls are also common, especially in industries like construction, oil and gas, and manufacturing that are active in the Wichita Falls area. Depending on the circumstances, a workplace fall may give rise to both a workers’ compensation claim and a separate premises liability suit against a third party.

How Texas Comparative Negligence Rules Affect Your Slip and Fall Claim

Texas follows a modified comparative negligence system, and this rule directly affects how much money you can recover after a slip and fall. Under Texas Civil Practice and Remedies Code Section 33.001, you can only recover damages if you are found to be 50% or less at fault for your own injuries. If you are found to be 51% or more at fault, you recover nothing.

When your fault percentage is below 51%, your compensation is reduced by that same percentage. Say you fell on a wet floor at a Wichita Falls restaurant and a jury finds the restaurant 75% at fault, but finds you 25% at fault for not watching where you were walking. If your total damages are $100,000, you would receive $75,000 after the 25% reduction.

Property owners and their insurance companies know this rule well. They use it aggressively. Their adjusters will look for any reason to shift blame onto you. They may claim you were wearing inappropriate footwear, distracted by your phone, or ignoring a warning sign. These arguments are designed to reduce or eliminate the money they owe you.

This is why the evidence you gather right after your fall matters so much. Photographs of the hazard, the condition of your footwear, the absence of warning signs, and witness statements all work together to counter these defenses. The Texas Supreme Court addressed the knowledge element in premises liability cases in Austin v. Kroger Texas, 465 S.W.3d 193 (Tex. 2015), reinforcing that courts carefully examine what the property owner knew and when they knew it.

Do not speak with the property owner’s insurance company without legal representation. Insurance adjusters are trained to get you to say something that reduces their client’s liability. Chandler Ross Injury Attorneys handles all communication with insurers so that your words cannot be used against you.

What to Do Immediately After a Slip and Fall in Wichita Falls

The steps you take in the first hours after a slip and fall directly affect the strength of your legal claim. Evidence disappears fast. Floors get cleaned, surveillance footage gets overwritten, and witnesses move on.

First, report the accident to the property owner or manager before you leave. Ask them to create a written incident report and request a copy. This creates an official record that the fall happened on their property on a specific date and time.

Second, photograph everything. Take pictures of the exact spot where you fell, the hazard that caused it, any warning signs (or the lack of them), your injuries, and your clothing and footwear. If there is a surveillance camera nearby, note its location so your attorney can request that footage before it is deleted.

Third, get witness information. If anyone saw your fall or saw the hazard before you fell, collect their names and phone numbers. Witness testimony can make a critical difference when the property owner denies knowing about the hazard.

Fourth, seek medical attention right away, even if you feel fine. Some injuries, including traumatic brain injuries and soft tissue damage, do not show symptoms immediately. A medical record linking your injuries to the fall date is one of the most important pieces of evidence in your case. Falls are the leading cause of traumatic brain injury hospitalizations in the United States, according to CDC data, so do not assume a bump to the head is minor.

Fifth, contact Chandler Ross Injury Attorneys before you sign anything or speak to an insurance adjuster. We offer a free consultation and can begin preserving evidence on your behalf immediately. You can reach us at (940) 800-2500.

Damages You Can Recover in a Wichita Falls Slip and Fall Case

Texas law allows injured people to recover both economic and non-economic damages in a valid premises liability claim. Understanding what you are entitled to helps you make informed decisions about your case.

Economic damages are the measurable financial losses caused by your injury. These include past and future medical bills, surgery costs, physical therapy, prescription medications, lost wages from missed work, and reduced earning capacity if your injuries prevent you from returning to your prior job. If your fall at a Wichita Falls property left you unable to work for months, those lost wages are fully recoverable.

Non-economic damages cover losses that do not come with a price tag but are very real. Pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement all fall into this category. Texas law recognizes emotional distress as a valid component of non-economic damages.

In rare cases involving extreme misconduct by a property owner, exemplary damages may be available. Under Texas Civil Practice and Remedies Code Section 41.003, exemplary damages can be awarded if the property owner’s conduct involved gross negligence, fraud, or malice. These damages are not meant to compensate you for your losses. They exist to punish conduct that shows a serious disregard for the safety of others.

One critical rule governs your ability to file: the statute of limitations. Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your fall to file a lawsuit. Miss that deadline, and you lose your right to pursue compensation regardless of how strong your case is. Two years may seem like a long time, but building a thorough premises liability case takes time, and the sooner you act, the better. Chandler Ross Injury Attorneys serves clients throughout the Wichita Falls area and across North Texas, and we are here to make sure your rights are protected every step of the way. Call us today at (940) 800-2500 for a free, no-obligation consultation.

Content on this page is provided for general informational purposes only and does not constitute legal advice. Past results do not guarantee a similar outcome in your case, as results depend on the unique facts and law applicable to each matter. Chandler Ross Injury Attorneys is responsible for this content. Principal office: Denton, Texas.

FAQs About Wichita Falls Slip and Fall Attorney

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

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your slip and fall accident to file a lawsuit. If you miss this deadline, the court will almost certainly dismiss your case, no matter how strong your claim is. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your accident so we can begin building your case and make sure all deadlines are met.

What if I was partly at fault for my slip and fall in Wichita Falls?

Texas uses a modified comparative negligence rule under Texas Civil Practice and Remedies Code Section 33.001. You can still recover damages as long as you are found to be 50% or less at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $80,000, you would recover $64,000. An attorney can help you counter the property owner’s attempts to shift blame onto you.

What types of injuries are common in slip and fall accidents?

Slip and fall accidents cause a wide range of injuries, from broken bones and torn ligaments to spinal cord damage and traumatic brain injuries. According to CDC data, falls are the leading cause of traumatic brain injury hospitalizations in the United States. Hip fractures, knee injuries, wrist fractures from catching a fall, and back injuries are also common. Even injuries that seem minor at first can develop into serious, long-term conditions, which is why prompt medical attention after a fall is so important.

Can I sue if I slipped and fell on government property in Wichita Falls?

Yes, but the process is different from suing a private property owner. Claims against Texas government entities are governed by the Texas Tort Claims Act, found at Texas Civil Practice and Remedies Code Title 5, Chapter 101. This law allows certain claims but requires you to submit a written notice of claim to the responsible government unit no later than six months after your injury. Damage caps also apply. Because of these strict rules, you should contact an attorney right away if your fall happened on city, county, or state property.

How does a slip and fall attorney help with my case?

An attorney handles the parts of a premises liability claim that are hardest to manage on your own. This includes sending preservation letters to prevent evidence from being destroyed, obtaining surveillance footage, gathering witness statements, working with medical experts to document your injuries, and negotiating directly with the property owner’s insurance company. Insurance adjusters are trained to minimize payouts, and having legal representation levels the playing field. Chandler Ross Injury Attorneys works on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Call us at (940) 800-2500 to get started.

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