Who’s Responsible for Sidewalk Trip and Fall Injuries in Texas?

Trip and Fall on a Sidewalk in Texas? Know Who’s at Fault

In Texas, the party responsible for a sidewalk injury is usually the one who controls or maintains the area where the injury occurred – but only if they failed to fix or warn about a dangerous condition. That could be a city, a business, a homeowner, or even a contractor.

Liability for trip-and-fall or slip-and-fall injuries on sidewalks is rarely simple. Public sidewalks may be protected by government immunity. Private ones may require proof of negligence and notice. Knowing the difference can determine whether a case moves forward – or is dismissed before it starts.

Premises Liability and Sidewalk Injury Basics

In Texas, if you trip or slip on a sidewalk and get hurt, the law looks at who was responsible for the property and whether they should have fixed or warned you about the danger.

Sidewalk hazards come in all shapes – cracks, uneven slabs, wet patches, missing bricks, or debris. If the person or business responsible for the sidewalk knew about the problem (or should have known) and didn’t take action, they might be on the hook for your injuries.

That responsibility changes depending on the situation:

• If you’re walking into a store, you’re considered a guest or “invitee,” and the business has a duty to keep the sidewalk reasonably safe.
• If you’re visiting someone’s home, their duty is slightly lower – but they still can’t ignore a serious hazard.
• If you weren’t supposed to be on the property at all, legal protection is much more limited.

The key issue is notice: did the person or company in charge know about the danger – or would a reasonable person have discovered it and fixed it in time?

Also, not every uneven sidewalk is considered a danger under Texas law. Courts often throw out claims involving minor cracks or small shifts in concrete unless they pose a clear trip risk.

Public Sidewalks and City Liability in Texas

If you were hurt on a sidewalk owned or maintained by a city, town, or county, your case gets more complicated. Texas law protects government agencies from many types of lawsuits – even when someone is injured.

This legal shield is called governmental immunity. In most cases, you can’t sue a city unless a specific law allows it. One of the few exceptions is when the injury was caused by what Texas law calls a “special defect.” These are unusual hazards that people wouldn’t expect on a sidewalk – like a deep hole, missing section, or large obstruction.

If the sidewalk just has uneven slabs, cracks, or normal wear and tear, it usually won’t qualify. Texas courts often throw out claims involving these ordinary defects – even if someone gets seriously hurt.

There are also tight deadlines when suing a government agency. Some cities require a written notice within weeks or months after the injury. If you miss that window, your case might be dismissed before it ever gets heard.

Another barrier? Cities often argue that they had discretion in how and when to repair sidewalks – and that these decisions are protected by law.

So while some sidewalk cases against cities succeed, most don’t – unless the hazard was extreme, clearly dangerous, and the city had time to fix it.

Slip or Trip and Fall on Private Sidewalks

When a sidewalk runs through or next to private property – like a store, apartment complex, or someone’s home – the rules are different. These property owners don’t have the same legal protections that cities do. If they allow a dangerous condition to go unchecked, they can be held responsible.

For example:

• If a store lets algae build up on the sidewalk and someone slips,
• Or a broken brick outside a business causes a customer to trip,
• Or a loose paver in a private community walkway leads to a fall –

In these situations, the business or property owner may be liable if they knew about the danger – or should have – and didn’t fix it or warn people.

Sometimes, it’s not clear who owns or maintains a sidewalk. In shopping centers or large residential developments, sidewalks might be shared or fall under the care of a homeowners’ association or property management company. What matters is who had control over the area and the ability to keep it safe.

Lawsuits in these cases usually focus on two things:

1. Whether the property owner had enough time and reason to know about the problem.
2. Whether they took reasonable steps to fix it or put up a warning.

What You Must Prove After a Trip or Slip on a Sidewalk

To win a sidewalk injury claim in Texas, it’s not enough to say you fell. You have to show that someone else’s failure caused your injury – and that they had a chance to prevent it.

Here’s what you need to prove:

1. There was a hazard
   Something about the sidewalk was unsafe – like a raised edge, deep crack, loose tile, or slippery surface.
2. Someone was responsible for that area
   This could be a city, a business, or a property owner who had control over the sidewalk.
3. They knew – or should have known – about the problem
   Maybe they were told about it, or maybe it had been there long enough that a reasonable person would have noticed.
4. They didn’t fix it or give a proper warning
   No signs, no barriers, no repairs – just a dangerous condition left as-is.
5. You got hurt as a direct result
   Your injury must be tied to the sidewalk hazard, not something unrelated.
6. You suffered real harm
   That includes medical bills, pain, lost income, or other damages.

If the sidewalk belongs to a city or county, you may also have to prove the hazard qualifies as a “special defect” and that you gave proper legal notice within their deadline.

Steps to Take After a Sidewalk Trip or Slip Injury

If you fall on a sidewalk in Texas, what you do next can make a big difference – both for your health and for any legal claim you might have.

Here’s what to do right away:

1. Get medical attention
   Even if you feel okay at first, some injuries don’t show up right away. See a doctor and keep all records.
2. Take photos
   Capture the sidewalk hazard from different angles – cracks, gaps, spills, or anything else that caused the fall. Include landmarks to show the exact location.
3. Write down what happened
   The sooner you record the details, the better. Note the time, date, weather conditions, and anything unusual about the sidewalk.
4. Get witness names
   If anyone saw you fall or noticed the hazard before your injury, get their contact information.
5. Report it
   • If it’s a public sidewalk, notify the city or county department responsible.
   • If it’s private, inform the business or property owner. Ask for a written incident report.
6. Keep physical evidence
   Don’t throw away the shoes or clothing you wore. They might help show how the fall happened.
7. Don’t delay
   If you’re thinking about filing a claim, talk to a lawyer quickly – especially if the fall happened on public property. Some cities require formal notice within weeks.

Taking these steps can protect your health, preserve evidence, and keep your legal options open.

Legal Defenses in Sidewalk Injury Claims

Even when someone is seriously hurt, the property owner – or the city – might have legal arguments to avoid responsibility. These are called defenses, and in sidewalk injury cases, they come up often.

Here are the most common ones:

• Government immunity
  Cities and counties are protected by laws that limit when they can be sued. Unless the hazard qualifies as a “special defect” and you follow strict notice rules, the case may be thrown out early.
• Discretionary decisions
  A city might argue that it had the legal right to decide when or whether to fix the sidewalk – and that those choices are protected by law.
• Obvious hazard
  Property owners sometimes claim the defect was “open and obvious” – meaning a reasonable person would have seen and avoided it. If a court agrees, the claim might be denied.
• Comparative fault
  Texas law reduces your compensation if you’re partly to blame. If you’re found more than 50% responsible – for example, by texting while walking or ignoring a warning – you may not recover anything.
• No prior notice
  If the owner or city didn’t know about the hazard, and there wasn’t enough time for them to find and fix it, they may not be held liable.

These defenses don’t mean every case fails – but they do explain why sidewalk claims can be tough to win without strong evidence.

Texas Cases & Real-World Examples

Texas courts have handled many sidewalk injury cases over the years – and the outcomes show how tricky these claims can be.

City of Austin v. Quinlan (2023)
A woman was injured after falling near a sidewalk café permitted by the City of Austin. She claimed the city should have made the area safer. The Texas Supreme Court disagreed. It ruled the city had legal protection because its decision about sidewalk use was considered a discretionary function – meaning it couldn’t be sued in that situation.

Sanchez v. City of Houston
In this case, a man tripped on a slab that had shifted in a city-owned sidewalk. The court found the defect wasn’t a “special defect,” so the city remained immune. Even though the sidewalk was clearly damaged, the law didn’t allow the claim to move forward.

What these cases show:

• A crack in a sidewalk, even a dangerous one, may not be enough to sue a city.
• Unless the condition is unusually hazardous and clearly out of the ordinary, most sidewalk defects are treated as minor or expected.
• To bring a successful case, the hazard must be severe, the owner must have had time to address it, and all legal steps (like notice to the city) must be followed exactly.

While some claims succeed, many are dismissed on legal grounds long before trial. Knowing the legal standards and acting quickly can make all the difference.

FAQs About Sidewalk Injury Liability in Texas

Who’s responsible if I trip on a broken sidewalk in Dallas?
It depends on where the sidewalk is located. If it’s on public property – like a city sidewalk in front of a park or government building – Dallas may be responsible. But the city has legal protections, so your case would only move forward if the hazard meets certain standards and you submit a proper written notice in time.

What’s the difference between a slip and fall and a trip and fall?
A slip and fall usually involves a slick surface, like wet algae, spilled liquids, or ice. A trip and fall involves uneven pavement, raised concrete, or objects in your path. Both can lead to injuries, but the cause of the fall affects how the case is evaluated.

Do I need to give notice before suing the City of Dallas?
Yes. Under Texas law, cities often require written notice of an injury within a set period – sometimes as short as 90 days. If you don’t notify the city properly and on time, you may lose your right to file a claim.

What makes a sidewalk hazard a “special defect”?
A “special defect” is something unexpected and dangerous – like a deep hole, missing section of concrete, or sudden drop. Ordinary cracks or wear and tear usually aren’t enough to meet this definition, especially in claims against a city.

Can I sue a Dallas business if I fell on the sidewalk outside their building?
Possibly. If the business controls or maintains the area and knew (or should’ve known) it was unsafe, they may be responsible. For example, if a sidewalk in Uptown Dallas becomes slippery due to poor drainage and the business ignores it, that could lead to liability.

What if I was partly at fault?
Texas follows a modified comparative fault rule. If you’re 50% or less at fault, you can still recover some damages – but the amount is reduced based on your share of blame. If you’re more than 50% at fault, you may be barred from recovery.

How long do I have to file a claim in Texas?
Most personal injury cases must be filed within two years. But if you’re filing against a city like Dallas, you often have a much shorter time to send written notice – so don’t wait.

Call Aaron Genthe for Help with Sidewalk Injury Claims in Texas

If you were hurt after tripping or slipping on a sidewalk – especially in Dallas or the surrounding area – you may have legal options. These cases often come down to location, notice, and proving who was in charge of the property.

Aaron Genthe of Genthe Law Firm in Dallas understands the legal barriers involved in claims against cities, businesses, and property owners. If you’re unsure where to start, he can help you figure out the next step.

Call (214) 957-0898 to schedule a consultation.