Austin Slip and Fall Attorney | Texas Premises Liability Law (2025)

Texas premises liability law imposes a duty of care on property owners toward invitees — customers and guests expressly or impliedly invited onto the premises. The controlling elements under H.E. Butt Grocery Co. v. Resendez, 988 S.W.2d 218 (Tex. 1999) require proof that: the defendant owned or controlled the premises; a condition posed an unreasonable risk of harm; the defendant knew or should have known of the condition; the defendant failed to exercise ordinary care; and that failure proximately caused damages. Texas modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001 applies — a plaintiff more than 50% at fault recovers nothing. The statute of limitations for premises liability claims in Texas is two years under Tex. Civ. Prac. & Rem. Code § 16.003. The Law Offices of RRK handles slip and fall and premises liability cases throughout Austin, Travis County, Williamson County, and Hays County.

2025–2026 Legislative Update: The 89th Texas Legislature's major tort reform package — SB 30 and HB 4806, which would have modified noneconomic damage caps and collateral source rules — died in conference at sine die June 2, 2025. Neither bill became law. The premises liability framework, the collateral source rule, and Tex. Civ. Prac. & Rem. Code § 18.001 are unchanged. Tex. R. Civ. P. 166a was rewritten by the Texas Supreme Court effective March 1, 2026: courts must now issue written summary judgment rulings within 90 days of hearing or submission under new Rule 166a(i). This affects case scheduling and summary judgment defense strategy in premises liability cases.

Exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.008 are capped at the greater of: (a) $200,000, or (b) two times economic damages plus noneconomic damages not to exceed $750,000. This cap was not amended by the 89th Legislature.

What do I have to prove in a slip and fall case in Texas?

Four things: the property owner controlled the premises, a dangerous condition existed, the owner knew or should have known about it, and their failure to fix it caused your injury. The knowledge element — actual or constructive — is where most Texas slip and fall cases are won or lost.

How do I prove the property owner knew about the hazard?

Surveillance footage showing how long the hazard existed, prior incident reports for the same condition, inspection logs showing missed checks, and the physical appearance of the hazard — dried or tracked-through liquid suggests prolonged presence. Request surveillance preservation immediately — most systems overwrite within 24–72 hours.

What is constructive knowledge in a Texas slip and fall case?

Constructive knowledge means the hazard existed long enough that a reasonable property owner exercising ordinary care should have discovered and addressed it. You do not need to prove they actually knew — only that they should have known given how long the condition was present.

How much is a slip and fall case worth in Austin?

Cases involving fractures, torn ligaments, or traumatic brain injuries with clear liability regularly resolve in the six-figure range in Travis County. Soft tissue cases with full recovery settle for significantly less. The value is driven by medical expenses, permanency of injury, and the strength of the knowledge evidence against the property owner.

What should I do immediately after a slip and fall in Austin?

Report it to the property manager before leaving, get an incident report number, photograph the hazard and your injuries immediately, collect witness information, seek medical treatment the same day, and contact an Austin slip and fall attorney before surveillance footage is overwritten.

Can the property owner blame me for my own fall?

Yes — and they will. Texas comparative fault defense always targets the plaintiff's footwear, phone use, awareness of surroundings, and whether warning signs were posted. Your attorney's job from day one is building the record showing the hazard was not open and obvious and you had no reason to anticipate it.

Did Texas tort reform change premises liability law in 2025?

No. SB 30 and HB 4806 — the 89th Legislature's major tort reform bills — died in conference without becoming law. Premises liability law, the collateral source rule, and the § 18.001 medical expense affidavit framework are all unchanged. Haygood v. Escabedo still controls on paid-versus-billed medical expense evidence.