Slipped in a Dallas store? What to gather

A fall in a store aisle is over in a second, and the evidence can be cleaned up within minutes. After a slip and fall in a store in Texas, the most important question is often not what you slipped on, but how long it had been on the floor. This post explains why, and gives you a checklist and a letter you can use today.

What a Texas store claim has to prove

In April 2026, the Supreme Court of Texas restated what an injured customer must show in a premises case (H-E-B, LP v. Peterson, No. 24-0310):

1. The store had actual or constructive knowledge of a condition on premises it controls.
2. The condition was unreasonably dangerous.
3. The store did not use reasonable care to reduce or remove the risk.
4. That failure caused the injury.

“Actual knowledge” means the store knew. Without proof of that, the case turns on “constructive knowledge”: whether it is more likely than not that the condition was there long enough for the store to have a reasonable chance to find it. The court said this turns on 3 things: how long the condition existed, how close employees were to it, and how easy it was to see.

Why time is the evidence that matters

In Peterson, a shopper slipped on a clear puddle in a toy aisle. She had evidence that it had rained, that the store’s roof had leaked in other areas, that water was dripping from a rafter, and that no employee had walked the aisle in the 2 hours before her fall. The court still ruled for the store.

The reason was time. None of that evidence showed how long the puddle itself had been on the floor. Rain and a drip showed a possible cause, not how long the puddle was there. Leaks in other parts of the store did not show knowledge of this puddle. The size of the puddle, without more, did not show duration either.

The court pointed to an earlier case, Brookshire Brothers, Ltd. v. Aldridge (Tex. 2014), where video showed employees repeatedly passing a large grease spill in the 5 minutes before the fall. That was evidence of time, and it counted as some evidence that the store should have known.

So the job at the scene is to collect anything that shows how long the hazard was there.

Checklist for a slip and fall in a store in Texas

Use this list in the store, or as soon as you can after you leave. Get medical care first if you need it.

At the spot where you fell

• Photograph the hazard from where you fell, then from a few steps back, then from the end of the aisle.
• Photograph the spill close up, including any footprints, cart tracks, or dirt in it. On their own, marks like these have not been enough to prove how long a spill was there (the Peterson opinion cites earlier cases on this), so pair them with anything that shows time.
• Note whether the edges looked dried, sticky, or spread out.
• Look up. Photograph any cameras that point at the aisle.
• Note whether there was a wet floor sign, a mat, or a cone, and where.
• Photograph your shoes and the soles.

People and paperwork

• Ask for a manager and ask the store to write an incident report. Ask for a copy. If they will not give one, write down the manager’s name and the report number.
• Get names and phone numbers of anyone who saw the fall or the hazard before it.
• Ask any witness when they first noticed the hazard. Write down their answer in their words.
• Note any employee you saw nearby before the fall, where they were, and what they were doing.

Your own record, the same day

• Write the date, time, store address, aisle number, and what you were shopping for.
• Write what you saw on the floor and what happened, in order.
• Keep your receipt or card statement. It shows you were in the store and when.
• Keep the clothes and shoes you wore, unwashed, in a bag.

Ask the store to keep the video

Video can show how long a spill sat on the floor, and footage can be recorded over. Send a short written request to the store and to its corporate office as soon as you can. Keep a copy and proof of the date you sent it.

Sample letter only. Adapt it to your situation, or ask a lawyer to review it before you send it. It does not cover every record that may matter in your case.

Template: request to preserve evidence

[Your name]
[Your address]
[Date]

To: [Store name], [store address], and [corporate address or claims department]

Re: Fall at [store name and address] on [date] at about [time]

I fell in [aisle or area] of your store on [date] at about [time]. Please keep, and do not delete or record over, the following:

1. All video from every camera that shows [aisle or area] from 2 hours before to 1 hour after my fall.\
2. All video of the entrance I used, for the same period.\
3. The incident report and any photos or statements taken.\
4. Floor inspection and sweep logs for [aisle or area] for that day.\
5. Records of any spill, leak, or cleanup reported in that area that day.

Please confirm in writing that you received this request.

[Your signature]

Adjust the time window to your facts. The point is to cover enough time before the fall to show when the hazard first appeared.

Do not sign anything or give a recorded statement to the store’s insurer before you understand what you are agreeing to.

Texas deadlines and shared fault

The 2-year rule. A personal injury suit in Texas generally must be filed within 2 years after the day the claim accrues (Tex. Civ. Prac. & Rem. Code 16.003). For a fall on December 12, 2026, that mark is generally December 12, 2028. Count from your own date and check whether any exception applies.

Shared fault. A store may argue that you should have seen the hazard. Under Texas law, a person found more than 50 percent responsible cannot recover damages, and anyone 50 percent or less has damages reduced by their share (Tex. Civ. Prac. & Rem. Code 33.001 and 33.012). Your photos of lighting, signs, and what blocked your view help answer that argument.

What the process looks like next

A store injury claim often starts with the store’s insurer and can later become a lawsuit. Our post on the steps in a personal injury lawsuit walks through that path.

When to talk to a lawyer

If you were hurt, if the store refuses to share its report, or if you are unsure the video request reached the right person, a lawyer can send a formal request and look at the time evidence with you. You can read how our personal injury practice handles premises claims.

Book a case review

This article is general information, not legal advice. Laws change and every case is different. Reading it does not create an attorney-client relationship. For advice on your situation, book a case review.