Slip and fall cases get unfairly dismissed by many people as minor — but the injuries are often catastrophic, especially for older victims. Broken hips, traumatic brain injuries, and spinal damage from a simple fall can permanently change someone's life. And property owners count on victims being too embarrassed to seek the compensation they deserve.
Common hazards that cause falls
The vast majority of slip and fall cases come down to one of these conditions that the property owner knew about — or should have known about:
- Wet floors from spills, cleaning, weather tracked in from outside, or leaking equipment
- Uneven walkways — broken concrete, raised tiles, unmarked level changes
- Poor lighting in stairwells, parking lots, hallways
- Broken or missing handrails on stairs
- Loose floor mats and rugs
- Ice and snow property owners failed to clear (yes, even in TX and NM during winter storms)
- Cluttered aisles in retail spaces and warehouses
- Damaged floors from leaks, age, or neglect
- Missing warning signs for known hazards
Proving the property owner is liable
Slip and fall cases require proving four key elements:
- A dangerous condition existed. Photos, witness testimony, incident reports.
- The property owner knew or should have known about it. This is the hardest part — and where our investigation focuses.
- They failed to fix it or warn about it. Inadequate cleaning, missing wet floor signs, ignored maintenance requests.
- Their failure caused your injury. Medical records and the timeline of the incident.
Proving the owner "should have known" often involves digging into the property's inspection schedules, cleaning logs, prior incident reports, maintenance records, and surveillance footage. We do that work.
Texas vs. New Mexico premises liability
Categories of Visitors
Texas still uses traditional categories: invitee (highest duty owed), licensee, and trespasser (lowest duty). The duty owed by the property owner depends on which category you fall into.
New Mexico has largely abandoned these categories in favor of a unified "reasonable care" standard. This is generally more favorable to injury victims.
Statute of Limitations
2 years in Texas, 3 years in New Mexico.
Comparative Fault
The property owner may try to argue that an "open and obvious" hazard means you should have seen it. Both states allow this defense, but courts evaluate it case-by-case. Even if you bear some fault, you may still recover.
What to do after a slip and fall
- Get medical attention immediately. Even if you feel okay, falls often produce delayed injuries (concussions, fractures, internal damage).
- Report the incident to the property owner or manager. Insist on an incident report and ask for a copy.
- Photograph the hazard exactly as it was when you fell — wet floor, broken stair, whatever caused it.
- Get witnesses' names and phone numbers before they leave.
- Keep the clothing and shoes you were wearing as evidence.
- Don't give a statement to the property owner's insurance until you talk to a lawyer.
- Call an attorney — surveillance footage often gets erased within 30 days.
"Property owners are required to keep their premises safe. When they don't, and someone gets hurt — that's on them, not the victim."
Most businesses keep security camera footage for 14–60 days, then automatically delete it. If your case relies on showing what happened, we need to send a preservation letter immediately.
If you've been hurt, don't wait. Call us now or fill out our free case review form. We listen, evaluate honestly, and tell you what we think — no obligation, no pressure.
