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Slip and Fall Lawyer in Texas & New Mexico – The Longhorn Law Firm
Premises Liability Attorneys

Hurt on someone else's property? We hold them accountable.

Wet floors. Broken steps. Poor lighting. Hazards property owners knew about and did nothing to fix. When negligent owners hurt customers, tenants, or visitors — we make them pay.

Licensed in TX & NM
$50M+ Recovered
No Fee Unless We Win
Available 24/7

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:

  1. A dangerous condition existed. Photos, witness testimony, incident reports.
  2. The property owner knew or should have known about it. This is the hardest part — and where our investigation focuses.
  3. They failed to fix it or warn about it. Inadequate cleaning, missing wet floor signs, ignored maintenance requests.
  4. 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

  1. Get medical attention immediately. Even if you feel okay, falls often produce delayed injuries (concussions, fractures, internal damage).
  2. Report the incident to the property owner or manager. Insist on an incident report and ask for a copy.
  3. Photograph the hazard exactly as it was when you fell — wet floor, broken stair, whatever caused it.
  4. Get witnesses' names and phone numbers before they leave.
  5. Keep the clothing and shoes you were wearing as evidence.
  6. Don't give a statement to the property owner's insurance until you talk to a lawyer.
  7. 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."
★ Time-Sensitive
Surveillance footage usually disappears within 30 days.

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.

Common Fall Injuries

What we see most often.

01
Broken Hips
Especially devastating for older adults — often requiring surgery, permanent mobility loss, sometimes never fully recovering.
02
Traumatic Brain Injury
Hitting the head on the floor or a hard surface causes concussions and TBIs with long-term effects.
03
Spinal Fractures
Vertebral compression fractures and disc injuries that may require surgery and long-term care.
04
Wrist & Arm Fractures
Common from instinctively bracing for the fall — Colles fractures and elbow injuries.
05
Knee Injuries
Torn ligaments, meniscus damage, and fractures often require surgery and rehabilitation.
06
Back & Shoulder Injuries
Soft tissue damage that can become chronic pain — often dismissed by insurance but very real.
How They Try to Beat You

Insurance company tactics we see every day.

Property owners and their insurers have a standard playbook for slip-and-fall cases — and most of it involves blaming you for what happened.

01
Claiming the Hazard Was 'Open and Obvious'
If the wet floor, broken step, or torn carpet was 'visible,' they argue you should have avoided it. The law isn't that simple — property owners still have a duty to fix or warn about known hazards.
02
Disputing 'Notice'
Premises liability requires showing the owner knew or should have known about the hazard. They'll argue 'we didn't know' or 'it just happened.' We get inspection logs, maintenance records, and prior incident reports.
03
Blaming the Victim's Shoes or Distraction
They'll argue your shoes were inappropriate, you were on your phone, or you weren't watching where you walked. Texas and NM allow recovery even with comparative fault — distraction doesn't end your case.
04
Pre-Existing Condition Defense
If you had any prior injury — knee, hip, back, even an old injury from years ago — they'll claim that's the real source of your pain. We document aggravation of pre-existing conditions, which is fully compensable.
05
Surveillance and Social Media Spying
Property insurers hire investigators to follow injury victims and pull social media looking for any photo or post that contradicts your injury claims. We coach clients on what to avoid.
06
Rushing You to Sign Releases
Store managers and adjusters sometimes ask you to sign 'incident reports' or 'medical authorizations' that are actually broad releases. Never sign anything without an attorney reviewing it.

Already getting calls from the insurance company? Don't say a word.

What You Can Recover

The full scope of your damages.

01
Medical Expenses
Past, current, and future — including hospital bills, surgeries, prescriptions, therapy, and long-term care.
02
Lost Wages
Every paycheck missed because of your injuries — including PTO used, sick leave, and missed shifts.
03
Loss of Earning Capacity
Future income you'll never earn because your injuries permanently limit your ability to work.
04
Property Damage
Repair or replacement of your vehicle, equipment, or personal property damaged in the incident.
05
Pain & Suffering
The physical pain you've endured and will continue to endure as a result of someone else's negligence.
06
Mental Anguish
PTSD, anxiety, depression, sleep disorders — the emotional toll the incident took.
07
Loss of Consortium
The impact your injuries had on your marriage, your relationships, and your role in your family.
08
Punitive Damages
When the at-fault party's conduct was especially reckless — drunk driving, intentional acts, gross negligence.
How Your Case Moves Forward

The settlement process, step by step.

Most clients have never been through a personal injury case before. Here's exactly what to expect — from the day we take your case to the day you collect your check.

01
Free Consultation & Case Acceptance
You call us, tell us what happened, and we'll evaluate honestly whether you have a case worth pursuing. If we take it, you sign a contingency agreement — meaning we only get paid if we win. No upfront costs, ever.
Typical Timeline: 24–48 Hours
02
Investigation & Evidence Gathering
We send notice letters to insurance companies (which stops them from contacting you directly), order police and incident reports, pull surveillance footage, gather witness statements, and start building your case. We also send a spoliation letter demanding all evidence be preserved.
Timeline: 2–6 Weeks
03
Medical Treatment & Documentation
You focus on getting better — we handle the legal side. We coordinate with your doctors to make sure your injuries are properly documented, all treatment is captured in the record, and any long-term implications are evaluated by specialists.
Timeline: Until You Reach Maximum Medical Improvement
04
Demand Package & Negotiation
Once your treatment plateaus, we send the at-fault insurer a comprehensive demand package — medical bills, lost wages, expert reports, pain and suffering documentation, and a settlement demand. Then we negotiate hard. Most cases settle here.
Timeline: 60–120 Days
05
Lawsuit Filing (If Needed)
If the insurance company won't pay fair value, we file suit. This dramatically changes the negotiation dynamic — insurance companies often increase their offers substantially once they realize you're serious. We prepare every case as if it's going to trial.
Timeline: 6–18 Months from Filing
06
Trial or Final Settlement
Most cases settle before trial — but we're always ready to go to court. When your case resolves (settlement or verdict), we pay off your medical liens, deduct case costs and our fee, and you receive your net recovery. Direct deposit available.
Result: Maximum Recovery
Medical Bills & Treatment

What happens to your medical bills.

The number one worry we hear from clients isn't legal — it's "How am I going to pay these medical bills?" The answer depends on your specific situation, but here's how it usually works.

In most cases, you don't have to pay your medical bills out of pocket while your case is pending. Treatment can be billed to your health insurance, MedPay/PIP coverage, or treated on a medical lien — meaning the provider waits to be paid from your settlement.

When your case settles, your medical bills come out of the gross settlement before you receive your portion. We negotiate aggressively with hospitals, providers, and lien holders to reduce what you owe — often saving clients tens of thousands of dollars in medical liens.

We never want a client to skip treatment they need. The full extent of your injuries must be documented to maximize the value of your case. If money is an obstacle to treatment, talk to us — we have a network of providers who treat injury victims on liens.

★ Critical
Go to the ER
Slip-and-fall victims often refuse medical care thinking they're 'just bruised.' Hidden injuries — hip fractures (common in older victims), wrist breaks, and TBIs — show up days later. Get evaluated immediately.
★ Hip Fractures
High-Risk Injury
Older adults who fall often suffer hip fractures — frequently requiring surgery and lengthy rehabilitation. Mortality risk increases significantly. These cases warrant aggressive representation.
★ Back & Knee
Common Permanent Injuries
Falls frequently cause herniated discs, meniscus tears, and rotator cuff injuries. Many require surgery and ongoing physical therapy. Document everything from day one.

Worried about medical bills? Let's get you a plan.

Where We Practice

Courts where we file your case.

TX
Texas Courts
  • Bexar County District Courts (San Antonio)Personal injury cases filed in our home base — including high-value cases moved up from county court.
  • Travis County District Courts (Austin)Active practice in Austin's busy injury docket — known for fair juries and reasonable verdicts.
  • Harris County District Courts (Houston)The largest trial volume in Texas — we file and try cases here regularly.
  • Dallas County District CourtsFull coverage of North Texas injury and wrongful death cases.
  • Tarrant County District Courts (Fort Worth)Active in DFW's injury courts.
  • U.S. District Court — Western District of TexasFederal court matters where diversity jurisdiction or federal questions apply.
NM
New Mexico Courts
  • Second Judicial District (Albuquerque)The state's largest district court — covers Bernalillo County and most of central New Mexico.
  • First Judicial District (Santa Fe)Covers Santa Fe, Rio Arriba, and Los Alamos counties.
  • Third Judicial District (Las Cruces)Southern New Mexico's primary injury venue.
  • Fifth Judicial District (Roswell & Carlsbad)Permian Basin oilfield injury cases and southeastern NM matters.
  • Eleventh Judicial District (Farmington)Northwestern New Mexico — including Navajo Nation adjacent matters.
  • U.S. District Court — District of New MexicoFederal trial work throughout the state.
Frequently Asked

Common questions, straight answers.

Q1
How is fault proven in a slip-and-fall case?
We must show: (1) a dangerous condition existed on the property, (2) the owner knew or should have known about it, (3) they failed to fix it or warn visitors, and (4) the condition caused your injury. We gather inspection logs, maintenance records, prior complaints, and video evidence to prove each element.
Q2
What if the store says they 'just cleaned' the spill?
We investigate. 'Just cleaned' is often a lie — we pull inspection logs, sweep records, and video. Even if it was 'just cleaned,' was it properly marked? Were warning cones placed? Was the cleaning method appropriate? Multiple ways to prove negligence beyond timing.
Q3
Can I sue the landlord if I fell in an apartment common area?
Yes. Landlords are responsible for maintaining common areas — stairs, walkways, parking lots, hallways, laundry rooms. They can be liable for failure to repair, poor lighting, broken handrails, ice/snow accumulation, and other hazards. We handle apartment and HOA premises cases regularly.
Q4
What if I slipped on ice outside a business?
Property owners have a duty to address known weather hazards in a reasonable time. 'Natural accumulation' is sometimes a defense, but artificial conditions (drains, slopes, gutters depositing water that freezes) often eliminate that defense. We evaluate the specifics.
Q5
How long do I have to file a slip-and-fall claim?
Texas: 2 years from the date of the fall. New Mexico: 3 years. But notice requirements may apply earlier — government property (cities, schools, transit) often requires written notice within 6 months. Don't delay.
Q6
What if the at-fault party doesn't have insurance — or doesn't have enough?
You may still have recovery options through your own uninsured/underinsured motorist (UM/UIM) coverage, homeowner's policies (for premises cases), or umbrella policies. Most Texas and New Mexico residents have coverage they don't realize they have. We pull every policy involved to find every dollar available.
Q7
Will my case actually go to trial?
Most cases settle before trial — but we prepare every case as if it will go in front of a jury. Insurance companies and defendants know which attorneys actually try cases and which ones won't. That reputation directly affects the settlement offers we get. If trial is the only path to fair value, we're ready.
Q8
How do you calculate what my case is worth?
Case value depends on factors including: total medical bills (past and future), lost wages and earning capacity, severity and permanence of injuries, pain and suffering, available insurance coverage, and liability strength. No honest attorney will quote you a specific number without reviewing your full case — but we'll give you a realistic range after our investigation.
Q9
What if I can't afford medical treatment while my case is pending?
We work with a network of doctors and specialists who treat injury victims on a medical lien — meaning they wait to be paid out of your settlement, not from your pocket. We also help you tap into health insurance, MedPay, PIP, and any other available benefits to make sure you get the care you need.

Don't face the insurance
companies alone.

Free consultation. No obligation. No fee unless we win.

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