What to Do After a Slip and Fall in a Texas Store

Every year, thousands of Texans are injured by slip and falls in stores, restaurants, and other businesses. What you do in the first hours after a fall can make the difference between a strong legal claim and a dismissed case. Here is exactly what to do.

Step 1: Get Medical Attention Immediately

Your health comes first. Call 911 or go directly to an emergency room or urgent care. Even if you feel okay, many serious injuries — including spinal injuries and internal bleeding — are not immediately apparent. Delayed symptoms are common with slip and fall accidents. Documenting your injuries through medical records also creates a critical paper trail for your legal claim.

Step 2: Report the Incident to the Store

Before leaving, notify store management and request that an incident report be filed. Ask for a copy. If they refuse to give you one, note the name of the manager you spoke with and the time. This report establishes that the accident occurred on their premises.

Step 3: Document Everything at the Scene

If you are physically able, use your phone to photograph:

• The hazard that caused your fall (spill, wet floor, uneven surface, broken display)
• The absence of warning signs — or the placement of signs relative to where you fell
• Your injuries (visible bruising, cuts, swelling)
• The surrounding area showing foot traffic, lighting conditions, and store layout

Get the names and phone numbers of any witnesses. Ask if anyone saw the hazard before your fall — this helps prove the store had notice of the dangerous condition.

Step 4: Request Preservation of Surveillance Video

This is critical. Most stores record 24/7, but footage is routinely overwritten within 24–72 hours. Ask management in writing to preserve all surveillance footage of the incident and the surrounding area. An attorney can send a formal spoliation letter demanding preservation. If the store destroys footage after receiving notice, that can be used against them in court.

Texas Premises Liability Law

Texas recognizes three categories of visitors. Store customers are invitees — the highest category — and property owners owe them a duty to regularly inspect the property, discover dangerous conditions, and either repair them or provide adequate warning. Under Texas law (see Tex. Civ. Prac. & Rem. Code § 95.001 and related case law), you must prove the owner knew or should have known about the hazard through reasonable inspection.

Step 5: Do Not Give a Recorded Statement

The store’s insurance company will contact you quickly, often within 24 hours, and ask for a recorded statement. Do not give one without an attorney. Adjusters are trained to ask questions designed to shift blame to you or minimize the severity of your injuries. Politely decline until you have legal representation.