Dallas Slip and Fall Lawyer | Varghese Summersett

If you slipped and fell on someone else’s property in Dallas and were injured, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Texas law holds property owners accountable when dangerous conditions on their premises cause injuries to visitors. The challenge is proving they knew about the hazard and failed to fix it.

Slip and fall cases are harder to win than most people think. Insurance companies will argue you should have seen the danger, or that you caused your own fall. That’s why you need an experienced Dallas slip and fall lawyer who understands Texas premises liability law and knows how to build a winning case.

What Is a Slip and Fall Under Texas Law?

A slip and fall is a type of premises liability claim. Under Texas Civil Practice and Remedies Code § 75.002, property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do that and someone gets hurt, they can be held liable.

The law divides visitors into three categories.

1. Invitees are people who enter a property for the owner’s benefit, like customers in a store. Property owners owe the highest duty of care to invitees.
2. Licensees are social guests.
3. Trespassers are people who enter without permission.

To win a slip and fall case in Dallas, you must prove four things. First, the property owner had control over the premises. Second, a dangerous condition existed. Third, the owner knew or should have known about it. Fourth, the owner failed to fix it or warn you, and that failure caused your injury.

Common slip and fall hazards include wet floors without warning signs, uneven pavement, poor lighting, broken stairs, torn carpet, ice or snow, debris in walkways, and freshly waxed floors. These cases often happen in grocery stores, shopping malls, restaurants, apartment complexes, office buildings, and parking lots.

What Damages Can You Recover After a Slip and Fall?

Texas law allows injured people to recover both economic and non-economic damages. Economic damages are your actual financial losses. This includes all medical expenses, from the ambulance ride to surgery to physical therapy. It also covers lost wages if you missed work, and future medical costs if you need ongoing treatment.

Non-economic damages compensate you for pain and suffering, mental anguish, and reduced quality of life. If your injury is permanent, like chronic back pain or a traumatic brain injury, these damages can be substantial. Texas does not cap non-economic damages in most personal injury cases.

In rare cases involving gross negligence, you may also recover punitive damages. These are meant to punish the property owner and deter similar conduct. But Texas law sets strict limits on punitive damages under Texas Civil Practice and Remedies Code § 41.008.

How Fault and Liability Work in Dallas Slip and Fall Cases

Texas follows a modified comparative negligence rule. This means you can still recover damages even if you were partly at fault for your fall, as long as you were not more than 50 percent responsible. Your recovery will be reduced by your percentage of fault.

For example, if a jury awards you $100,000 but finds you 20 percent at fault for texting while walking, you would receive $80,000. But if the jury finds you 51 percent at fault, you get nothing.

This is why insurance companies work hard to blame you. They will argue you were distracted, wearing the wrong shoes, or should have seen the hazard. They will scrutinize surveillance footage and interview witnesses to build a case against you.

Property owners also try to shift blame. They might claim the hazard was open and obvious, meaning any reasonable person would have seen it. Or they might argue you were trespassing or in an area where you had no business being. These are defenses we see and fight against regularly.

What Your Slip and Fall Case May Be Worth

Every case is different. Settlement value depends on the severity of your injuries, how clear liability is, and how strong your evidence is. Minor injuries like bruises or sprains typically settle for a few thousand dollars. Serious injuries like broken bones, torn ligaments, or head trauma can be worth tens or hundreds of thousands of dollars.

Several factors affect case value. The first is medical expenses. The higher your bills, the higher your potential recovery. The second is lost income. If you missed months of work or can no longer do your job, that increases value. The third is permanence. Injuries that cause lifelong pain or disability are worth more than those that heal completely.

The fourth factor is how the injury happened. Falls that result from obvious neglect, like a broken handrail that went unfixed for months, tend to be worth more. The fifth is documentation. Cases with clear photos, video footage, incident reports, and witness statements settle for more than cases where the evidence is weak.

Insurance companies will try to lowball you. They know most people don’t understand what their case is worth, and they hope you’ll accept the first offer out of desperation. Don’t fall for it. An experienced Dallas personal injury lawyer can calculate the true value of your claim and fight for every dollar you deserve.

What to Expect After a Slip and Fall Accident in Dallas

The first thing you should do is seek medical attention. Even if you feel fine, some injuries don’t show symptoms right away. Get checked out. This creates a medical record linking your injury to the fall, which is critical for your case.

Next, report the fall to the property owner or manager. Ask them to fill out an incident report. Get a copy for your records. Take photos of the hazard that caused your fall, and of your injuries. If there were witnesses, get their names and contact information.

Do not give a recorded statement to the property owner’s insurance company. Anything you say can be used against you. Politely decline and tell them you will be retaining a lawyer. The insurance adjuster is not your friend. Their job is to pay you as little as possible.

Once you hire a lawyer, we take over communication with the insurance company. We gather evidence, including surveillance footage, maintenance records, and any prior complaints about the hazard. We consult with medical experts to document the full extent of your injuries. We build a case that shows the property owner was negligent and you deserve full compensation.

Most slip and fall cases settle out of court. The timeline depends on the complexity of your case and how cooperative the insurance company is. Simple cases with clear liability can settle in a few months. Complex cases involving serious injuries may take a year or more. If we can’t reach a fair settlement, we will take your case to trial.

Why Insurance Companies Fight Slip and Fall Claims

Slip and fall cases are among the most disputed in personal injury law. Insurance companies fight them harder than almost any other type of claim. They know juries are skeptical. People assume if you fell, it must be your fault. That’s why insurers invest heavily in defending these cases.

They use several tactics. The first is delay. They drag out the investigation, hoping you’ll give up or accept a lowball offer because you need money. The second is denial. They claim you can’t prove the property owner knew about the hazard, or that you were partly or fully at fault.

The third tactic is surveillance. They might hire investigators to follow you, hoping to catch you doing something that contradicts your injury claim. If you said you have a bad back but they film you lifting a heavy box, they’ll use that against you. The fourth is medical record review. They comb through your medical history looking for pre-existing conditions they can blame for your injuries.

This is why you need an experienced Dallas slip and fall lawyer who knows how to fight back. We respond to every delay tactic, every denial, every attempt to shift blame. We gather the evidence they don’t want you to have. We consult with experts who can testify on your behalf. We show the jury what really happened and hold the property owner accountable.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you get a team of legal professionals across four Texas offices. We have recovered millions of dollars for injury clients, and we have the trial experience to take your case to court if the insurance company won’t pay what you deserve.

We start with a free consultation with an experienced Dallas slip and fall lawyer. You tell us what happened, and we evaluate your case. If we take your case, we work on a contingency fee basis. That means you pay nothing upfront, and we only get paid if we win. If we don’t recover money for you, you owe us nothing.

We handle every aspect of your case. We gather evidence, consult with medical experts, negotiate with insurance companies, and prepare for trial. We keep you informed every step of the way. You’ll have direct access to your lawyer, not just a paralegal or assistant.

Your case will be heard in Dallas County courts, likely at the George L. Allen Sr. Courts Building. Dallas juries can be tough in slip and fall cases, which is why preparation matters. We know what local juries expect to see, and we build cases that meet those expectations.

If you were injured in Dallas, we fight for you. We don’t settle for less than you deserve, and we’re not afraid to go to trial. Let us handle the legal fight so you can focus on recovering.

Frequently Asked Questions

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

Texas law gives you two years from the date of your injury to file a lawsuit. This is called the statute of limitations. If you miss this deadline, you lose your right to sue. There are rare exceptions, but don’t count on them. The sooner you contact a lawyer, the better.

What if I fell at a business but didn’t report it right away?

It’s not ideal, but you can still pursue a claim. The key is to report it as soon as possible and start documenting your injuries. The longer you wait, the harder it is to prove your case. Property owners will argue the fall happened somewhere else or that you’re making it up. Early reporting and medical records are your best defense.

Can I sue if I fell in a parking lot?

Yes. Parking lots are common locations for slip and fall accidents. Property owners are responsible for maintaining safe surfaces, repairing potholes, removing ice, and ensuring adequate lighting. If a hazardous condition in a parking lot caused your fall, you may have a valid claim.

Will I have to go to court?

Most slip and fall cases settle before trial. But you should be prepared to go to court if necessary. Insurance companies are more likely to offer a fair settlement if they know you’re willing to take the case to trial. Having an experienced trial lawyer on your side makes all the difference.

What if the property owner says I was trespassing?

Property owners owe a lower duty of care to trespassers, but they still can’t intentionally harm them. If you were injured by a hidden trap or gross negligence, you may still have a claim. The facts matter. Talk to an experienced Dallas slip and fall lawyer before you assume you have no case.

Get the Compensation You Deserve

Slip and fall injuries can be painful, expensive, and life-changing. You shouldn’t have to suffer because a property owner failed to maintain safe conditions. If you were injured in Dallas, we can help.

Varghese Summersett has offices in Dallas, Fort Worth, Houston, and Southlake. We have the resources and experience to take on property owners and their insurance companies. Schedule a free consultation with an experienced Dallas slip and fall lawyer today by calling (214) 903-4000.