If you were injured in a slip-and-fall accident in Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for most personal injury claims.
That deadline can arrive faster than many injured people expect. Waiting too long can also make it more difficult to obtain surveillance footage, witness statements, maintenance records, inspection logs, and other evidence needed to prove that a dangerous property condition caused your injuries.
If you were hurt in a fall at a store, apartment complex, restaurant, hotel, workplace, parking lot, or another property in Texas, our Houston slip and fall accident attorney can evaluate the circumstances of your accident and help determine the deadline that applies to your claim.
What Is the Statute of Limitations for a Slip and Fall in Texas?
Most Texas slip and fall lawsuits must be filed within two years after the cause of action accrues.
Texas Civil Practice and Remedies Code Section 16.003 provides that a lawsuit involving personal injury generally must be brought no later than two years after the date the claim accrues. You can review the statute directly through the Texas Legislature’s official website.
In a typical slip and fall case, the claim accrues on the date of the accident because that is when the injury occurs.
For example, if you slipped on a wet grocery store floor and were injured on March 15, 2026, the ordinary statute of limitations would generally require you to file a lawsuit by March 15, 2028.
However, exceptions and additional notice requirements can apply, particularly when a government entity is involved. That is why determining the correct deadline should be one of the first steps after a serious fall.
Does the Two-Year Deadline Start on the Date of the Fall?
Usually, yes.
Most slip and fall injuries are immediately apparent, so the statute of limitations generally begins running on the date the fall occurs.
This can apply to injuries caused by conditions such as:
- Wet or slippery floors;
- Spilled liquids or merchandise;
- Uneven flooring;
- Broken stairs or handrails;
- Potholes or damaged pavement;
- Loose carpeting or floor mats;
- Poor lighting;
- Debris in walkways;
- Unmarked elevation changes; and
- Other dangerous property conditions.
Even when the deadline appears straightforward, an injured person should avoid calculating it solely from memory. The defendant involved and circumstances surrounding the accident can affect the legal requirements.
What Happens If I Miss the Texas Slip and Fall Filing Deadline?
If you file a lawsuit after the applicable statute of limitations expires, the property owner or another defendant can raise the statute of limitations as a defense and ask the court to dismiss your case.
If the court determines that the claim was filed too late and no exception applies, you may lose your right to pursue compensation regardless of how serious your injuries are or how strong the underlying liability evidence might have been.
This is one reason injured people should not treat the two-year deadline as a target date. A premises liability attorney generally needs time before the deadline to investigate the accident, identify defendants, determine available insurance coverage, gather evidence, and prepare the lawsuit if settlement negotiations do not resolve the claim.
Why Should I Start a Slip and Fall Claim Before the Two-Year Deadline?
A statute of limitations determines when a lawsuit must be filed. It does not determine how long you should wait before investigating your claim.
Slip and fall cases often depend heavily on evidence controlled by the property owner or business where the accident occurred.
That evidence may include:
- Security camera footage;
- Incident reports;
- Inspection records;
- Cleaning logs;
- Employee statements;
- Maintenance records;
- Prior complaints about the condition;
- Photographs;
- Emails or internal communications;
- Store policies and procedures; and
- Records showing how long the dangerous condition existed.
Some businesses routinely overwrite surveillance footage after a relatively short period. Physical hazards may also be repaired immediately after an accident.
Starting an investigation promptly may make it easier to identify and preserve evidence before it disappears.
What Do You Have to Prove in a Texas Slip and Fall Case?
A slip and fall claim in Texas generally falls under premises liability law. Winning a case usually requires more than proving that you fell on someone else’s property.
In a premises liability case involving an invitee, the Texas Supreme Court has explained that an injured person generally must establish:
- The property owner or occupier had actual or constructive knowledge of a condition on the premises;
- The condition posed an unreasonable risk of harm;
- The owner or occupier failed to exercise reasonable care to reduce or eliminate the risk; and
- That failure proximately caused the injury.
You can read the Texas Supreme Court’s discussion of these elements in its premises liability opinion addressing a slip and fall claim.
What Does Actual or Constructive Knowledge Mean?
One of the most contested issues in Texas slip and fall cases is whether the property owner knew or should have known about the dangerous condition.
Actual Knowledge
Actual knowledge generally means that the property owner, occupier, or its employees actually knew the dangerous condition existed before the accident.
Examples may include:
- An employee saw a spill but did not clean it;
- A customer previously reported a dangerous condition;
- Management had received complaints about a broken stair; or
- An employee created the hazardous condition.
Constructive Knowledge
Constructive knowledge can exist when a hazardous condition was present long enough that the property owner should have discovered it through reasonable inspection.
The Texas Supreme Court has explained that constructive knowledge may be shown when evidence demonstrates that the condition existed long enough for the owner or occupier to discover it through reasonable inspection. You can review the Court’s discussion in this Texas Supreme Court premises liability opinion.
This is why evidence showing how long a spill, leak, obstruction, or other hazard existed can be critical in a slip and fall claim.
Can Surveillance Footage Help Prove a Slip and Fall Claim?
Yes. Surveillance footage can be some of the most valuable evidence in a premises liability case.
Video may show:
- When the hazardous condition first appeared;
- Whether employees walked past the hazard;
- Whether anyone reported the condition;
- Whether inspections were performed;
- How the accident occurred; and
- Whether warning signs were present.
For example, if footage shows a liquid spill remained on a supermarket floor for a significant period while employees repeatedly walked nearby, that evidence may be relevant to whether the store had constructive knowledge of the hazard.
The challenge is that businesses may not preserve surveillance footage indefinitely. A lawyer can send a preservation notice requesting that relevant evidence be retained.
Are There Exceptions to the Two-Year Statute of Limitations?
Yes. Certain circumstances may affect how long you have to pursue a Texas premises liability claim.
The Injured Person Is a Minor
Texas law contains tolling provisions that may affect limitations periods for certain people who were minors when the claim accrued.
These rules can be complicated, and parents should not assume that waiting until a child reaches adulthood is the best approach. Important evidence may disappear long before the filing deadline ultimately expires.
The Defendant Is a Government Entity
Claims against cities, counties, state agencies, or other governmental entities can involve much shorter notice requirements in addition to the statute of limitations.
Under the Texas Tort Claims Act, a governmental unit generally must receive notice of a claim no later than six months after the incident unless an exception applies. The required notice must reasonably describe the claimed injury, the time and place of the incident, and what occurred.
You can review the notice requirements in Texas Civil Practice and Remedies Code Section 101.101.
Some cities may also have charter provisions imposing their own notice requirements, making prompt legal review especially important when a fall occurs on government property.
Other Tolling Issues
Other circumstances may potentially suspend or affect a statute of limitations. Whether an exception applies is highly fact-specific and should be evaluated by a Texas attorney rather than assumed.
What If I Fell on Government Property in Texas?
A slip and fall at a government-owned location can involve rules that differ substantially from an ordinary claim against a private store or property owner.
Examples can include falls at:
- Government offices;
- Public buildings;
- Municipal facilities;
- Public parks;
- Government-owned parking facilities;
- Public universities; or
- Other property controlled by a governmental unit.
Texas law generally requires notice to a governmental entity within six months under the Texas Tort Claims Act, although actual notice and local charter provisions can affect the analysis.
Because these deadlines may arise well before the standard two-year personal injury deadline, a person injured on government property should investigate the claim promptly.
What If I Was Partially Responsible for My Fall?
Being partially responsible for an accident does not automatically prevent you from recovering compensation in Texas.
Texas uses a modified comparative responsibility system. Under Texas Civil Practice and Remedies Code Chapter 33, an injured person may generally recover damages if their percentage of responsibility is 50% or less. The recovery is reduced by their assigned percentage of responsibility.
If the injured person is found more than 50% responsible, they generally cannot recover damages.
For example, if your damages totaled $100,000 but you were found 20% responsible, your recovery could potentially be reduced to $80,000.
You can review Texas’s proportionate responsibility rules through Chapter 33 of the Texas Civil Practice and Remedies Code.
What Compensation May Be Available After a Texas Slip and Fall?
If a property owner’s negligence caused your injuries, a premises liability claim may potentially seek compensation for economic and non-economic losses.
Depending on the facts, damages may include:
- Emergency medical treatment;
- Hospital bills;
- Doctor visits;
- Surgery;
- Physical therapy;
- Prescription medication;
- Future medical expenses;
- Lost wages;
- Reduced earning capacity;
- Pain and suffering;
- Physical impairment; and
- Other accident-related losses.
The amount available depends on factors such as the seriousness of the injury, the cost of treatment, whether the injury causes long-term limitations, available insurance coverage, and the degree of responsibility attributed to each party.
What Should I Do After a Slip and Fall Accident in Texas?
The steps you take after a fall can affect both your health and your ability to document a potential claim.
- Report the accident. Tell the property owner, manager, or employee what happened and ask that an incident report be created.
- Photograph the hazard. Take pictures and video of the exact condition that caused you to fall before it is cleaned, repaired, or removed.
- Get medical treatment. Prompt treatment creates a record connecting your injuries to the accident.
- Identify witnesses. Obtain names and contact information from people who saw the dangerous condition or the fall.
- Preserve your clothing and footwear. These items may become evidence.
- Document your losses. Keep medical bills, receipts, wage records, and other documents related to the accident.
- Avoid delaying the investigation. Important evidence can disappear well before the statute of limitations expires.
Can I Settle a Slip and Fall Claim Without Filing a Lawsuit?
Yes. Many premises liability claims are resolved through insurance negotiations without going to trial.
However, negotiating with an insurance company does not ordinarily stop the statute of limitations from running.
If negotiations continue while the filing deadline approaches, a lawsuit may need to be filed to preserve your legal rights even if settlement discussions are still underway.
This is another reason it is risky to wait until the end of the two-year period before speaking with an attorney.
How Long Does a Texas Slip and Fall Case Take?
The statute of limitations determines how long you have to file a lawsuit. It does not determine how long the case itself will take to resolve.
A slip and fall case may resolve relatively quickly when liability is clear and injuries have stabilized. More complicated cases can take longer, particularly when:
- The property owner denies knowing about the hazard;
- Multiple businesses or property owners may be responsible;
- Injuries require extensive treatment;
- Future medical care is expected;
- The insurer disputes the value of the claim; or
- The case proceeds into litigation or trial.
Talk to a Texas Slip and Fall Lawyer Before Your Deadline Expires
If you were seriously injured because of a dangerous condition on someone else’s property, you generally have two years to file a Texas personal injury lawsuit. But waiting until the deadline approaches can make your case much harder to prove.
The Law Offices of Colby Lewis represents injured people throughout Texas in personal injury and premises liability matters. The firm can investigate how your fall occurred, identify the parties responsible for maintaining the property, preserve important evidence, address insurance companies, and determine the filing deadline that applies to your case.
If you were injured in a slip and fall accident, contact The Law Offices of Colby Lewis to discuss your potential claim and the time available to pursue it.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Law Offices of Colby Lewis. Statutes of limitations, notice requirements, premises liability rules, and available damages depend on the specific facts of each case. Anyone with questions about a Texas slip and fall claim should consult a qualified Texas attorney regarding the deadlines and laws applicable to their situation.
