Texas premises liability and slip-and-fall claims
For an invitee (such as a store customer), the Supreme Court of Texas lists four elements: the owner or operator knew or should have known of the condition, it posed an unreasonable risk of harm, the owner did not use reasonable care to reduce or remove it, and that failure caused the injury (Keetch v. Kroger Co., 1992; opinion).
General information about Texas law, not legal advice. The author is not a lawyer. Laws change; check the linked sources and talk to a Texas lawyer about your situation.
The four elements
In Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992), the court restated what an invitee must prove against a premises owner or operator (Keetch v. Kroger):
- actual or constructive knowledge of a condition on the premises;
- the condition posed an unreasonable risk of harm;
- the owner or operator did not exercise reasonable care to reduce or eliminate the risk; and
- that failure proximately caused the injury.
The court also held that the fact the owner created a condition is not, by itself, proof of knowledge; it is evidence a jury may consider.
Who counts as an invitee
Texas law treats people on property differently depending on why they are there (for example, a customer versus a social guest or trespasser), and the duty owed changes with that status. Which category applies is a legal question for a lawyer.
Fault and deadlines
A fall claim is subject to proportionate responsibility under Chapter 33: if the injured person is found more than 50 percent responsible, there is no recovery (§33.001). The general deadline is two years (§16.003). Claims involving government property may require notice within six months (§101.101).
Frequently asked questions
What do you have to prove in a Texas slip and fall case?
In Keetch v. Kroger Co. (Tex. 1992), the Supreme Court of Texas listed four elements for an invitee: actual or constructive knowledge of the condition, an unreasonable risk of harm, failure to use reasonable care to reduce or eliminate it, and that failure proximately causing the injury.
How long do you have to file a slip and fall lawsuit in Texas?
The general two-year personal injury deadline in Civil Practice and Remedies Code Section 16.003 is the starting point. Claims against government bodies can require written notice within six months under Section 101.101.
Sources
- Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992) (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code §§16.003, 33.001, 101.101 (checked October 18, 2026)