Seriously Injured in a Slip, Trip or Fall in San Antonio? We Prove the Property Owner Knew About the Danger.

A slip, trip, or fall can happen in an instant but can lead to a lifetime of consequences. What may seem like a minor stumble can result in devastating injuries like broken hips, traumatic brain injuries (TBI), spinal fractures, and torn ligaments. In Texas, property owners—from large retail chains to local grocery stores and apartment complexes—have a fundamental legal duty to maintain safe premises for their visitors. When they neglect this duty by leaving spills uncleaned, walkways in disrepair, or hazards unmarked, they must be held accountable for the harm they cause.

At Barton & Associates, our San Antonio slip and fall lawyers focus on the critical legal element that wins these cases: proving the property owner had “notice” of the dangerous condition. Insurance companies and their defense lawyers will aggressively argue the hazard was unexpected, minor, or that you simply weren’t paying attention. We are experts at countering these tactics. We conduct meticulous investigations to demonstrate how the owner knew or, through reasonable care, should have known about the hazard long enough to fix it. Our mission is to secure the full compensation you need to recover from your injuries and move forward with your life.

Why Slip and Fall Injuries Are Often Severe

A loss of balance can have catastrophic results, especially for older adults. Common serious injuries we see include:

• Hip & Pelvic Fractures: Often requiring surgery, extensive rehab, and leading to a permanent loss of mobility and independence.
• Traumatic Brain Injuries (TBI): Striking your head on the floor, a shelf, or the ground can cause concussions, bleeding on the brain, and long-term cognitive issues.
• Spinal Cord Injuries & Herniated Discs: The sudden impact can damage vertebrae, compress spinal nerves, or rupture discs, causing chronic pain, weakness, or even paralysis.
• Broken Wrists, Arms & Ankles: As people instinctively try to break their fall, these bones absorb tremendous force.
• Rotator Cuff & Shoulder Injuries: The violent motion of falling can tear the muscles and tendons of the shoulder.

The Legal Core of Your Case: Proving “Notice” Under Texas Law

To succeed in a Texas slip/trip and fall claim, you must prove the property owner was negligent. This hinges on more than just showing a hazard existed. You must demonstrate the owner had a duty to you (as a customer, you were an “invitee” owed the highest duty of care), that they breached that duty, and that the breach caused your injury.

The pivotal breach is often the owner’s failure to address a hazard they knew about. Texas law recognizes two types of “notice”:

1. Actual Knowledge: The owner or an employee was actually aware of the danger. (Example: A store clerk was told about a spill 30 minutes before your fall but did nothing).
2. Constructive Knowledge: The hazard existed for such a period of time that the owner, by exercising ordinary care, should have discovered and remedied it. This is the most common argument in slip and fall cases.

We prove constructive knowledge by showing:

• The Hazard Was Present Long Enough: We use surveillance video, witness testimony, and employee schedules to establish how long the spill, debris, or broken flooring was there before your fall.
• The Owner’s Inspection Procedures Were Inadequate: We depose managers to reveal infrequent safety walks or a lack of formal inspection protocols.
• The Condition Was Recurring: We subpoena maintenance records and prior incident reports to show a pattern of problems (e.g., a chronic roof leak that causes puddles).

Common, Dangerous Conditions That Cause Falls in San Antonio

Our attorneys have extensive experience with hazards across all types of properties:

• Wet & Slippery Surfaces: Spills in grocery store aisles, recently mopped floors without proper signage, tracked-in rainwater near entrances, and leaking refrigeration units.
• Uneven & Broken Walking Surfaces: Cracked and uplifted sidewalks in parking lots, potholes, loose floor tiles, torn or bunched-up carpeting, and transitions between different floor types.
• Poor Lighting & Invisible Hazards: Dark stairwells, poorly lit parking garages, and unmarked steps or changes in elevation.
• Cluttered Aisles & Walkways: Merchandise, boxes, cords, or debris left in customer pathways in retail stores, restaurants, or apartment common areas.
• Weather-Related Hazards: Failure to clear ice, snow, or standing water from parking lots and walkways during San Antonio’s winter storms and heavy rains.
• Unsafe Staircases: Missing or broken handrails, worn or uneven steps, and slippery stair treads.

The Critical Steps to Take Immediately After a Slip and Fall

Your actions in the moments and days after a fall are crucial to building a strong case:

1. Report the Fall Immediately: Notify a manager, supervisor, or property owner on the spot. Insist they create a written incident report. Do not leave without getting a copy or the report number. If they refuse to make one, note the name and title of the person you spoke to.
2. Document the Hazard Thoroughly: Use your cell phone to take multiple photos and videos of:
   1. The precise defect (the exact spot of the spill, the crack in the pavement).
   2. The broader area (showing a lack of warning cones or signs, poor lighting).
   3. Any contributing factors (a leaking ceiling tile above a puddle).
   4. Your injuries (visible cuts, bruises, or swelling).
3. Identify Witnesses: Get the names and contact information of anyone who saw you fall or saw the dangerous condition before your accident. This includes other customers and employees.
4. Seek Medical Attention Promptly: Go to an urgent care clinic, your doctor, or the ER the same day. Slip and fall injuries can worsen over time. A medical record created immediately after the incident directly links your injuries to the fall. Describe exactly how you fell.
5. Preserve Physical Evidence: Do not wash or discard the shoes and clothing you were wearing. They may contain residue of the substance you slipped on (e.g., grease, food, water).
6. Do NOT Give Statements or Sign Anything: The property owner’s insurance adjuster will contact you quickly. They are trained to ask questions that get you to admit fault or minimize the hazard. Politely decline to give a statement and refer them to your attorney.
7. Contact a Slip and Fall Attorney Immediately: Call Barton & Associates as soon as possible. Critical evidence—especially surveillance camera footage—is often automatically recorded over within days or weeks. We send immediate legal demands to preserve all video and related evidence.

How Barton & Associates Builds an Unshakeable Slip and Fall Case

We deploy a targeted strategy designed to prove negligence and overcome defense arguments:

• Immediate Evidence Preservation: Our first step is sending a spoliation letter to the property owner and their insurer. This legally demands they preserve all security camera footage (from multiple angles), the incident report, maintenance logs for the area, and employee shift schedules. This prevents the “loss” of key evidence.
• Forensic Investigation of “Notice”: We use the preserved evidence to create a timeline. We analyze video to see how long the hazard existed and whether employees walked past it without action. We subpoena records to prove a history of similar incidents or inadequate maintenance.
• Expert Testimony: We work with safety experts, biomechanical engineers, and medical specialists. A safety expert can testify that the property failed to meet industry safety standards. A medical expert can detail your long-term prognosis and future care needs.
• Comprehensive Damages Calculation: We fight for every category of compensation you deserve:
  • All Medical Bills (emergency room, surgery, hospitalization, physical therapy, future surgeries)
  • Lost Income from missed work
  • Loss of Future Earning Capacity if you cannot return to the same job
  • Physical Pain and Suffering
  • Mental Anguish & Emotional Distress (including fear of falling again)
  • Loss of Enjoyment of Life & Permanent Disability

Why Insurance Companies Fight Slip and Fall Claims So Hard

Insurers know these cases are often won or lost on the “notice” element. They deploy standard defenses we are adept at defeating:

• “The Hazard Was Open and Obvious”: We argue that even if a hazard was visible, the property owner still had a duty to remedy it, especially if it was unavoidable (like the only path to an entrance).
• “You Weren’t Paying Attention” (Comparative Negligence): Texas follows a modified comparative fault rule (51% Bar). The defense will try to claim you were on your phone or distracted. We combat this with evidence showing the hazard was the primary cause.
• “We Have Regular Inspection Procedures”: We probe the actual execution of these procedures. If an inspection log is filled out retroactively or employees weren’t properly trained, we expose it.

The Barton & Associates Difference

• Relentless Focus on “Notice”: We don’t just take a client’s word for it; we forensically prove the property owner’s knowledge through evidence.
• Contingency Fee Basis: You pay no attorney fees unless we win money for you. This ensures everyone has access to justice.
• Local Knowledge & Courtroom Experience: We know the judges and procedures in Bexar County courts and have a track record of successful verdicts and settlements.
• Compassionate Client Advocacy: We understand the physical pain, embarrassment, and disruption a serious fall causes. We handle the legal battle so you can focus on healing. Se habla español.

Don’t Let a Property Owner’s Negligence Lead to Your Financial Ruin

A serious fall can mean months of rehabilitation and an inability to work. The insurance company’s first offer will be a lowball settlement designed to close the file before your long-term needs are known.

At Barton & Associates, we assess the true lifetime cost of your injury. We fight for a settlement or verdict that provides for your future medical care, replaces your lost income, and compensates you for your pain and suffering.

Contact Our San Antonio Slip, Trip & Fall Law Firm Today

If you or a loved one has suffered a broken bone, head injury, back injury, or other serious harm from a slip, trip, or fall in San Antonio, you must act quickly. Critical video evidence disappears within days.

The property owner has insurance for a reason. Make them use it.

Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free, no-obligation case review. We will listen to your story, investigate the facts, and fight to hold the negligent property owner fully accountable.

Main Category: Personal Injury
Practice Area Category: Workplace & On-Site Injuries
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000