Slip and Fall Lawyer in Lubbock, Texas
Nationally Recognized Trial Attorneys
Slip and fall accidents can happen anywhere, from grocery stores and restaurants to office buildings and sidewalks.
When property owners fail to maintain safe conditions, innocent people suffer serious injuries that can change their lives forever.
If you’ve been hurt in a slip and fall accident in Lubbock or anywhere in West Texas, Russell Lorfing and the experienced legal team at Keith & Lorfing are here to fight for the compensation you deserve.
Our personal injury attorneys understand that these accidents often result from preventable hazards that property owners should have addressed.
With over 500 jury trials and 150 years of combined experience, we know how to build strong cases that hold negligent property owners accountable.
When negligence causes harm, you deserve strong representation. Speak with our trusted Lubbock personal injury attorney at Keith & Lorfing to fight for the justice you deserve.
Understanding Slip and Fall Claims in Lubbock, Texas
Slip and fall accidents fall under premises liability law in Texas, which requires property owners to maintain reasonably safe conditions for visitors.
Property owners have a legal duty to inspect their premises regularly and either fix dangerous conditions or warn visitors about potential hazards.
Texas law recognizes three categories of visitors, each with different levels of protection:
- Invitees receive the highest level of protection. These include customers in stores, patients in medical facilities, and anyone invited onto the property for business purposes. Property owners must regularly inspect for hazards and either fix them or provide adequate warnings.
- Licensees are social guests or others with permission to be on the property. Property owners must warn licensees about known dangerous conditions but aren’t required to inspect for unknown hazards.
- Trespassers receive the least protection, though property owners still cannot intentionally harm them or create hidden traps.
⚖️ Premises liability: owners must inspect, fix hazards, or clearly warn visitors—especially invitees.
Most slip and fall cases in Lubbock involve invitees who were injured while conducting business at commercial establishments.
Our experienced attorneys at Keith & Lorfing thoroughly investigate each case to determine the property owner’s duty of care and whether they breached that duty.
Common Causes of Slip and Fall Accidents in Lubbock
- Wet or Slippery Floors – Spilled liquids, freshly mopped surfaces, or tracked-in rain and snow create dangerous conditions. Property owners must clean spills promptly and use warning signs when floors are wet.
- Uneven or Damaged Flooring – Cracked sidewalks, loose floor tiles, torn carpeting, and potholes in parking lots create tripping hazards that can cause serious falls.
- Poor Lighting – Inadequate lighting in stairwells, parking lots, and walkways makes it difficult for visitors to see potential hazards.
- Weather-Related Hazards – Ice, snow, and rain create slippery conditions. While property owners aren’t always liable for natural weather conditions, they must take reasonable steps to address known hazards.
- Inadequate Maintenance – Broken handrails, cluttered walkways, and poorly maintained stairs violate safety standards and put visitors at risk.
- Construction Hazards – Renovation and construction work can create temporary hazards that require proper barriers, warning signs, and alternative pathways.
According to the National Safety Council, falls are among the leading causes of unintentional injuries in the United States, accounting for over 8 million emergency room visits annually.
Types of Injuries from Slip and Fall Accidents
- Brain and Head Injuries represent some of the most serious consequences of slip and fall accidents. When someone falls backward and strikes their head on concrete or other hard surfaces, traumatic brain injuries can occur. These injuries may not show immediate symptoms but can cause lasting cognitive problems, memory issues, and personality changes.
- Spinal Cord Injuries from falls can result in partial or complete paralysis, depending on the location and severity of the damage. Even minor spinal injuries can cause chronic pain and limit mobility for years after the accident.
- Broken Bones and Fractures are extremely common in slip and fall cases. Hip fractures are particularly serious for older adults and often require surgery and extensive rehabilitation. Wrist and arm fractures frequently occur when people instinctively try to break their fall.
- Soft Tissue Injuries including torn ligaments, strained muscles, and damaged tendons can be painful and slow to heal. These injuries often require physical therapy and may cause long-term mobility issues.
Hypothetical scenario: A teacher slips on a wet floor in a Lubbock grocery store that had no warning signs posted. She falls backward, striking her head on the tile floor and fracturing her wrist as she tries to break the fall. The head injury results in a concussion that causes headaches, memory problems, and difficulty concentrating at work for months. The wrist fracture requires surgery and physical therapy, preventing her from writing on the board or using a computer effectively.
This type of situation demonstrates how a single slip and fall accident can impact every aspect of someone’s life, from their ability to work to their relationships with family and friends.
Proving Negligence in Lubbock Slip and Fall Cases
Successfully winning a slip and fall case requires proving that the property owner was negligent and that this negligence directly caused your injuries. The burden of proof rests on the injured party, making it essential to work with our experienced attorneys who understand how to build compelling cases.
✔️ Win the story of why you fell—then anchor it in records, timelines, and expert proof.
The Four Elements of Negligence
Our legal team must establish four key elements to prove negligence in your slip and fall case:
- Duty of Care: The property owner owed you a legal duty to maintain reasonably safe conditions. This duty varies depending on your status as an invitee, licensee, or trespasser.
- Breach of Duty: The property owner failed to meet their duty of care by creating a dangerous condition, failing to fix a known hazard, or not warning visitors about potential dangers.
- Causation: The property owner’s breach of duty directly caused the dangerous condition that led to your accident and injuries.
- Damages: You suffered actual harm, including physical injuries, medical expenses, lost wages, and pain and suffering.
Win by showing duty, breach, causation, and real damages—with tight, early evidence.
The Knowledge Requirement
Texas law requires proving that the property owner either knew about the dangerous condition or should have known about it through reasonable inspection and maintenance practices.
This knowledge requirement can be established in several ways:
- Actual Knowledge exists when evidence shows the property owner was directly aware of the hazardous condition. This might include employee reports, maintenance logs, or witness testimony about prior complaints.
- Constructive Knowledge applies when the dangerous condition existed long enough that a reasonable property owner should have discovered it through regular inspections.
- Creating the Condition occurs when the property owner or their employees directly caused the hazardous situation, such as mopping a floor without proper warning signs or leaving equipment in walkways.
Evidence Collection and Case Investigation
Building a strong slip and fall case requires immediate and thorough evidence collection.
Essential evidence can disappear quickly, making prompt action essential for protecting your rights.
Our investigation process typically includes:
- Incident Documentation – We obtain copies of incident reports, security footage, and witness statements while the evidence is still fresh and accessible.
- Property Inspection – Our team conducts detailed inspections of the accident scene, documenting conditions and identifying potential code violations or maintenance failures.
- Medical Record Analysis – We work with medical experts to document the full extent of your injuries and establish clear connections between the accident and your medical treatment.
- Expert Testimony – We consult with safety experts, engineers, and medical professionals who can explain complex issues to juries and strengthen your case.
- Maintenance History Review – We examine the property owner’s inspection logs, maintenance records, and prior incident reports to establish patterns of negligence.
Legal claims can be complex, and having the right advocate by your side can make all the difference in securing fair compensation.
Injured in a slip and fall? Don’t wait—contact us today to discuss your case and protect your right to compensation.
Damages Available in Slip and Fall Cases
When property owners fail to maintain safe conditions and their negligence causes injuries, Texas law allows injured parties to seek various types of compensation. The goal is to restore you to the position you would have been in if the accident had never occurred, though some losses like pain and suffering can never be fully quantified.
Economic Damages
- Medical Expenses represent one of the most significant costs following a slip and fall accident. This includes immediate emergency room treatment, hospital stays, surgery, prescription medications, physical therapy, and ongoing medical care.
- Lost Wages compensation covers income you’ve already lost due to your inability to work following the accident. This includes regular salary, overtime, bonuses, and benefits you would have received.
- Lost Earning Capacity applies when your injuries prevent you from returning to your previous job or limit your ability to earn income in the future. This is particularly important for serious injuries that cause permanent disability or require career changes.
- Property Damage covers personal items damaged in your fall, such as clothing, jewelry, electronic devices, or eyeglasses.
Non-Economic Damages
- Pain and Suffering compensation acknowledges the physical discomfort, emotional distress, and reduced quality of life resulting from your injuries.
- Mental Anguish addresses the psychological impact of your accident and injuries, including anxiety, depression, and trauma that may develop following a serious fall.
- Loss of Enjoyment of Life compensates for your inability to participate in activities you previously enjoyed, such as sports, hobbies, or social events.
- Disfigurement and Disability damages apply when permanent scarring or physical limitations result from your accident.
Damage Calculation Example
|
Damage Type |
Amount |
Notes |
|
Emergency Room Treatment |
$3,500 |
Initial evaluation and X-rays |
|
Surgery and Hospital Stay |
$25,000 |
Hip fracture repair |
|
Physical Therapy |
$8,000 |
12 weeks of rehabilitation |
|
Lost Wages (3 months) |
$15,000 |
Based on $5,000/month salary |
|
Future Medical Expenses |
$12,000 |
Estimated ongoing treatment |
|
Pain and Suffering |
$45,000 |
Based on injury severity and duration |
|
Total Damages |
$108,500 |
Comprehensive compensation |
Insurance companies often try to minimize these costs, making skilled legal representation essential for protecting your financial recovery.
Texas Laws That Impact Slip and Fall Claims
Knowing Texas-specific laws is essential for successfully managing slip and fall claims. Several key legal principles and statutory requirements can significantly impact your case outcome.
Modified Comparative Negligence Rule
Texas follows a modified comparative negligence standard under Texas Civil Practice and Remedies Code Section 33.001. This means you can still recover damages even if you were partially at fault for your accident, as long as your fault doesn’t exceed 50 percent.
For example, if a jury determines you were 30% responsible for your slip and fall accident because you were looking at your phone instead of watching where you walked, and the property owner was 70% responsible for failing to clean up a spill, you can still recover 70% of your total damages.
However, if your fault exceeds 50%, you cannot recover any compensation. This makes thorough case preparation critical to minimize any perceived fault on your part and maximize the property owner’s responsibility.
⚖️ Texas law makes these cases a balancing act: comparative negligence reduces recovery if the victim shares blame, while the statute of limitations demands timely filing. Knowing these statutes early prevents defendants from using them as escape routes.
Statute of Limitations
Under Texas Civil Practice and Remedies Code Section 16.003, you must file a slip and fall lawsuit within two years of the date your injury occurred. This deadline is strictly enforced, and failing to file within this timeframe typically results in losing your right to seek compensation forever.
There are limited exceptions to this rule, such as when injuries aren’t immediately apparent or in cases involving minors, but these exceptions are rare and difficult to prove. Acting quickly to protect your legal rights is always the safest approach.
Natural Accumulation Rule
Texas courts have established that property owners are generally not liable for injuries caused by natural accumulations of ice, snow, or water from weather events. However, this rule has important exceptions:
Property owners can still be liable if they created or worsened the natural condition through their actions, such as faulty drainage systems that cause water to pool and freeze.
The rule doesn’t apply to artificial accumulations caused by human activity, such as water from sprinkler systems or leaking pipes.
Property owners must still address known hazardous conditions within a reasonable time after weather events.
Open and Obvious Danger Doctrine
Under Texas law, property owners may not be liable for injuries caused by open and obvious dangers that reasonable people would notice and avoid. However, this doctrine has limitations:
The danger must be so obvious that any reasonable person would have noticed it under the circumstances.
Property owners can still be liable if they have reason to expect that visitors will encounter the danger despite its obvious nature.
Poor lighting, distractions, or emergencies can make otherwise obvious dangers less apparent to visitors.
Our experienced legal team knows how to challenge the open and obvious defense by demonstrating that conditions were more dangerous than they appeared or that the property owner should have expected injuries despite the apparent nature of the hazard.
Why Choose Keith & Lorfing for Your Slip and Fall Case
Proven Track Record and Experience
With over 500 jury trials and 150 years of combined experience, our legal team has the courtroom skills necessary to take on insurance companies and property owners who try to deny responsibility. We’re not afraid of a fight – in fact, we embrace it when it means getting justice for our clients.
Deep West Texas Roots and Local Knowledge
Russell Lorfing’s background as a former federal prosecutor in Lubbock gives us unique insights into the local legal system. We know the judges, understand the local jury pool, and have established relationships throughout the West Texas legal community.
This local knowledge translates into strategic advantages for our clients:
We understand how local juries typically respond to different types of evidence and arguments. Our relationships with local medical providers and expert witnesses help us build stronger cases.
We know which insurance companies and defense attorneys we’re likely to face and can anticipate their strategies.
Comprehensive Case Management
From the moment you contact our office, we handle every aspect of your slip and fall case so you can focus on recovery. Our comprehensive approach includes:
- Immediate Investigation – We begin gathering evidence within hours of being contacted, ensuring that essential information isn’t lost or destroyed.
- Medical Coordination – We work directly with your healthcare providers to ensure you receive appropriate treatment while documenting your injuries for your legal case.
- Insurance Communication – We handle all communication with insurance companies, protecting you from tactics designed to minimize your claim or trick you into admitting fault.
- Expert Consultation – We maintain relationships with safety experts, engineers, medical professionals, and other specialists who can strengthen your case.
No Fee Unless We Win
We handle all slip and fall cases on a contingency fee basis – you pay no attorney fees unless we successfully recover compensation for you.
This arrangement allows you to pursue justice without worrying about upfront legal costs, and it ensures that we’re fully invested in achieving the best possible outcome for your case.
Your recovery starts here—react out now to schedule your free consultation and learn how we can help you secure fair compensation.
Frequently Asked Questions About Slip and Fall Cases
How long do I have to file a slip and fall lawsuit in Texas?
Texas law gives you two years from the date of your accident to file a lawsuit. This deadline is strictly enforced, and waiting too long can result in losing your right to seek compensation permanently. However, it’s important to contact our attorney much sooner than this deadline because evidence can disappear and witnesses’ memories can fade over time.
What if I was partially at fault for my fall?
Texas follows a modified comparative negligence rule, which means you can still recover compensation even if you were partially responsible for your accident. As long as you were less than 51% at fault, you can still receive damages reduced by your percentage of responsibility.
Do I need to prove the property owner knew about the dangerous condition?
Yes, in most cases you must prove that the property owner either knew about the hazardous condition or should have known about it through reasonable inspection and maintenance practices. This is often the most challenging aspect of slip and fall cases, which is why experienced legal representation is essential for gathering the evidence needed to establish knowledge.
How much is my slip and fall case worth?
The value of your case depends on many factors, including the severity of your injuries, the amount of your medical expenses, lost wages, the degree of the property owner’s negligence, and your level of fault, if any. Every case is unique, and an accurate assessment requires a thorough review of your specific circumstances by our experienced attorney.
Will my case go to trial?
Most slip and fall cases settle out of court, but being prepared for trial is essential for achieving the best settlement results. Insurance companies are more likely to make fair settlement offers when they know your attorney is ready and willing to take the case to trial if necessary.
What if the property owner blames my shoes or clothing for the fall?
Property owners and their insurance companies often try to shift blame to the injured person’s footwear, clothing, or actions. However, property owners cannot escape liability simply by blaming the victim. If a dangerous condition existed that would cause problems for people wearing normal footwear, the property owner can still be held responsible.
Statute of Limitations
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Our every action is driven by a deep-seated commitment to fighting for hardworking Texans. Each client we represent and every case we undertake reflects our dedication to ensuring fairness and justice.
Our roots run deep in West Texas. Many of our attorneys hail from modest backgrounds, with family histories steeped in professions like farming, mechanics, labor, firefighting, and military service. These humble beginnings instilled in us the value of hard work, a principle we uphold daily.
We consciously choose to stand with the everyday people rather than corporations or the elite. Our focus is on representing dedicated, family-oriented Texans who aspire to provide a better future for their children. This often means challenging big insurance companies that attempt to undercut rightful claims. 
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Russell Lorfing
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