Statute of Limitations on Slip and Falls in Dallas, Texas

If you have been hurt in a slip and fall accident in Texas due to someone else's negligence, you can receive compensation for your injuries. However, before making an injury claim against those at fault, you need to be familiar with Texas' own set of slip and fall accident laws that will likely come into play.

I. Statute of Limitations

A statute of limitations is a law that imposes a deadline on your right to file a lawsuit in the state’s civil court system following a personal injury accident. According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for slip and fall accident claims in the Lone Star State is two years from the date of the accident. For claims for property damage in the slip and fall — e.g., damage to an expensive wristwatch or mobile phone — the statute of limitations is (again) two years from the date of the accident.

II. Comparative Fault

Texas uses a “modified comparative fault” rule, which can affect how slip and fall injury claims are handled when the injured party or the plaintiff may bear some amount of responsibility for the accident. Under this rule, any damage award the plaintiff receives will be reduced according to the percentage of his or her fault, as long as they are found to bear no more than than 50 percent of the blame for their slip and fall.

For example, if you were using your phone when you fell, the defendant may argue that you share some amount of blame for your accident because you were not paying attention to where you were walking. If the jury finds that you are 25 percent to blame for the accident — and you were to be awarded $10,000 — then your damages would be reduced by 25 percent, and you will only be awarded $7,500 (i.e., the original $10,000 minus 25 percent). If you were found to be more than 50 percent at fault for the accident, however, you would not be eligible to receive any compensation at all.

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