A quick trip to the grocery store on North Mesa, a lunch meeting at a restaurant in the Fountains at Farah, a weekend of shopping at Cielo Vista Mall. These are everyday errands in El Paso, and none of them should end with you on the ground nursing a broken wrist, a herniated disc, or a traumatic brain injury. But slip and fall accidents happen across El Paso every day, and they are far more serious than most people realize.
Falls are one of the leading causes of emergency room visits in the United States. When a property owner's negligence causes your fall, Texas premises liability law gives you the right to seek compensation for your injuries.
What Property Owners Owe You Under Texas Law
Texas premises liability law divides visitors into categories, and the duty a property owner owes you depends on your status.
Invitees receive the highest level of protection. If you are a customer in a store, a guest at a restaurant, or a visitor to a business, you are an invitee. Property owners must regularly inspect their premises for hazards, fix dangerous conditions promptly, and warn you of any known dangers they have not yet addressed.
Licensees are social guests or others who enter with permission but not for the owner's business benefit. Property owners must warn licensees of known hidden dangers but do not have the same inspection obligations.
Trespassers generally receive minimal protection, although Texas law still prohibits property owners from setting intentional traps.
For most slip and fall cases in El Paso, the injured person is an invitee, shopping at a business, dining at a restaurant, or visiting a public facility. This means the property owner owed you the highest duty of care.
Common Causes of Slip and Fall Accidents in El Paso
Slip and fall accidents are not random bad luck. They result from identifiable hazards that property owners have a legal duty to prevent or warn about.
Wet and Slippery Floors
Spilled liquids in grocery store aisles, freshly mopped floors without warning signs, leaking refrigerator cases, and tracked-in rainwater at building entrances are among the most common causes. El Paso does not get frequent rain, which means that when it does rain, building entrances become especially dangerous because desert dust mixes with water to create a slick surface that property owners may not anticipate.
Poor Lighting
Dimly lit parking lots, stairwells without adequate lighting, and burned-out bulbs in hallways prevent you from seeing hazards in your path. Parking lots at strip malls along Dyer Street, North Mesa, and Montana Avenue are frequent problem areas, especially after dark.
Uneven Surfaces and Broken Pavement
Cracked sidewalks, potholes in parking lots, uneven transitions between flooring surfaces, loose tiles, and torn carpet all create tripping hazards. The extreme temperature swings in El Paso, from freezing winter nights to 100-degree summer days, cause concrete and asphalt to crack and shift, creating hazards that property owners must monitor and repair.
Parking Lot Hazards
Parking lots are among the most common slip and fall locations. Oil spills, loose gravel, crumbling curbs, missing wheel stops, and inadequate drainage all contribute to falls. High-traffic retail centers like Cielo Vista Mall, Bassett Place, the Fountains at Farah, and Las Palmas Marketplace see these conditions regularly.
Inadequate Handrails and Stairway Hazards
Missing or loose handrails, inconsistent step heights, and worn stair treads cause falls that often result in serious injuries. The Texas Property Code and local building codes set specific standards for stairway safety that property owners must follow.
Where Slip and Falls Happen Most in El Paso
While a slip and fall can happen anywhere, certain locations see a disproportionate number of incidents.
- Grocery stores and supermarkets: Produce sections, frozen food aisles, and checkout areas where spills are common
- Restaurants and bars: Kitchen grease tracked onto dining floors, spilled drinks, and wet restroom floors
- Retail stores: Merchandise left on floors, recently mopped surfaces, and cluttered aisles
- Shopping centers: Cielo Vista Mall, Bassett Place, the Outlet Shoppes at El Paso, and neighborhood strip malls
- Hotels and resorts: Pool decks, lobbies, and parking garages
- Government buildings: Courthouses, post offices, and public facilities with deferred maintenance
- Apartment complexes: Shared stairwells, laundry rooms, and parking areas where landlords neglect upkeep
What You Must Prove in a Slip and Fall Case
Winning a premises liability case in Texas requires proving four elements. Missing any one of them can sink your claim.
Duty: The property owner owed you a duty of care. If you were a customer or business visitor, this element is usually straightforward.
Breach: The property owner breached that duty. This means they either created the hazardous condition, knew about it and failed to fix it, or should have known about it through reasonable inspection. This is often the most contested element. The property owner will argue they did not know about the hazard or that it appeared too recently to have been discovered.
Causation: The breach directly caused your fall and injuries. The defense may argue that you fell for a different reason, that the hazard was open and obvious, or that you were not paying attention.
Damages: You suffered actual harm, whether medical bills, lost wages, pain, or other losses. Without documented damages, there is no case.
Evidence that strengthens your claim includes incident reports filed with the business, surveillance camera footage, photographs of the hazard taken immediately after your fall, witness contact information, and your medical records linking your injuries to the fall.
What to Do After a Slip and Fall in El Paso
The steps you take immediately after a fall can make or break your case.
- Report the incident to the property owner or manager and ask them to create a written incident report. Get a copy if possible.
- Take photographs of the hazard that caused your fall, the surrounding area, any warning signs that were or were not present, and your injuries.
- Collect witness information from anyone who saw what happened.
- Seek medical attention immediately, even if you feel your injuries are minor. Some injuries, like concussions and internal bleeding, do not show symptoms right away.
- Do not give a recorded statement to the property owner's insurance company without speaking to an attorney first.
- Contact an experienced premises liability attorney who can preserve evidence, including surveillance footage that businesses often overwrite within days.
Time Limits for Filing Your Claim
Under Texas law, you have two years from the date of your slip and fall to file a premises liability lawsuit. This deadline is strict. If you miss it, the court will almost certainly dismiss your case regardless of how strong your evidence is.
Two years sounds like a long time, but evidence disappears quickly. Surveillance footage is overwritten. Witnesses forget details. The hazardous condition gets repaired. The sooner you contact an attorney, the more evidence can be preserved to support your claim.
Injured in a Slip and Fall? Get Your Free Consultation
If you were hurt in a slip and fall at a business, shopping center, or other property in El Paso, you may have a valid premises liability claim. At Lovett & Murray, we have been fighting for injured people in El Paso and West Texas for over 30 years. We know how property owners and their insurance companies try to avoid responsibility, and we know how to hold them accountable.
Your initial consultation is free, and you pay nothing unless we recover compensation for you. Call 915-757-9999 or contact us online to get started.