Slip and Fall

El Paso Slip and Fall Lawyer

In El Paso, all property owners are responsible for maintaining their property and keeping it in a condition that is considered safe for everyone to enter. Unfortunately, not all property owners live up to this responsibility. They allow their properties to fall into disrepair with dangers that put visitors in harm’s way.

When you are hurt in a slip and fall accident on someone else’s property, you should learn about your legal rights. Our experienced El Paso slip and fall attorneys at the Law Offices of Michael J. Gopin, PLLC, can review your case for free and explain all your options. You may be entitled to payment for your medical expenses, missed time from work, and other losses.

Schedule a free consultation now to tell us what happened to you and learn how we can help.

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Michael J. Gopin
Legally reviewed by Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...

What Do You Have to Prove in a Slip and Fall Claim?

Proving your slip and fall claim can be a complex process, and every case is unique. That’s why you would benefit from the experience and resources of a skilled personal injury attorney who has successfully handled cases like yours before.

To prove your claim, you must show that:

1 / 3
There was a dangerous condition.

The first thing you must prove in a slip and fall claim is that the property had an unsafe condition. This can include slippery floors, defects in a sidewalk, or obstacles within a walkway.

2 / 3
The property owner had enough time to correct it.

In Texas, you must also prove that there was a sufficient amount of time for the property owner to become aware of the condition and fix it. For example, if a staff member in a grocery store spilled something on the floor, you will need to show that there was enough time to clean it and prevent your fall.

3 / 3
The property owner did not warn visitors of the condition.

For example, if a staff member in a grocery store spilled something but did not put out a warning sign to protect shoppers while getting the supplies to clean it up.

Also, you must prove that you did not cause or contribute to the accident that resulted in your injuries, as that could reduce the amount of compensation you receive.

Car accident lawyer Michael Gopin
Legal Matters: Slip and Fall Injuries
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How Can a Slip and Fall Attorney Help?

If you were hurt in a slip and fall accident, it’s important that you speak to an experienced attorney who has the skills to go up against a large insurance company. A few of the ways our slip and fall accident lawyers in El Paso can help include:

  • Proving that the property owner was negligent, leading to a dangerous condition
  • Documenting all your current and future losses related to your injury
  • Working with experts to support your claim for full compensation
  • Taking care of all documents including drafting court documents and ensuring your claim meets deadlines
  • Managing all communication with the insurance companies
  • Aggressively negotiating for a fair settlement
  • Taking your case to trial if the insurance company refuses to make a fair offer

Our slip and fall attorneys will always act as your advocates and work in your best interests. Our goal is to recover the maximum compensation you need to heal and move forward with your life.

Compensation Available After a Slip and Fall Accident

There are many different types of compensation available in a slip and fall accident claim. The most common damages typically include:

  • Current and future medical expenses
  • Current and future lost wages
  • Loss of earning capacity, if you cannot return to the same line of work
  • Current and future pain and suffering
  • Loss of enjoyment of life
  • Emotional distress

In some cases, punitive damages may also be awarded by the court. Unlike the damages above, punitive damages are not meant to compensate you for losses you sustained as a result of the accident. Instead, they are meant to punish the defendant for extremely negligent, or careless, behavior.

Common Causes of Slip and Fall Accidents

There are many different causes of slip and fall accidents. The most common include:

  • Uneven flooring
  • Recently washed, waxed, or polished floors
  • Failure to use non-skid floor treatments when needed
  • Carpeting that is bulging, worn, or broken
  • Uncleaned spills
  • Debris on floor
  • Cords and wires running across a walkway
  • Poor lighting that obstructs a person’s view
  • Bright lighting that causes glare
  • Missing or broken handrails on stairs
  • Steps that are broken, warped, or worn

No matter what caused your slip and fall accident, property owners can be held liable for creating a dangerous condition, particularly if they did not warn of the danger.


Man lying on staircase after a slip and fall accident

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What to Do If You’ve Been Hurt in a Fall on Someone Else’s Property

Being involved in a slip and fall accident is an unexpected and painful experience. Most people aren’t sure what to do after serious falls, especially when it comes to protecting their legal rights. The steps you take immediately following your accident will affect both your health and any future claim you may file, so it’s important that you know what to do.

First and foremost, you must seek medical attention for your injuries.

Your health is the most important factor after an accident, so you must seek treatment immediately. However, seeing a medical professional will also help establish the timeline of your claim and your accident.

Before leaving the scene, if you can, inspect the area and determine what caused your slip and fall accident.

If possible, take pictures of what caused your fall and anything else relevant to the accident. Also take pictures of your injury.

Also before you leave the scene, identify any witnesses and collect their information.

This is crucial evidence that will greatly help your case. You can even ask for a brief description of what they saw so that you can help remind them later, or corroborate their stories.

If your accident was on the property of a business, they may ask you to make an official report.

You can do this, but don’t embellish the facts or exaggerate. Include all of the important facts and then submit the complaint so that the business has it on file. Then ask for a copy. This will also prevent the other side from arguing that you did not take the accident seriously when it first happened.

As soon as you can after the accident, start a journal so that you can document what happened and how your injuries are affecting you.

Memories can fade very quickly, and the more you remember, the more it will help your claim. Make sure you include your injuries, pain, and any symptoms your injuries are causing you to experience. You should also document how your injuries are affecting your life, such as if they are preventing you from taking part in activities that you once enjoyed. This is very important information for your claim.

Finally, you need to speak with a slip and fall attorney in El Paso as soon as possible after your accident.

An attorney will investigate the accident, determine if the property owner was liable, and communicate with the insurance company. Your attorney will act as your advocate and your ally and always work in your best interests.

Do’s and Don’ts for Dealing with the Insurance Company

Communicating with the insurance company is one of the most overwhelming, and one of the most important, parts of your claim. The things you say to an insurance adjuster will have a great impact on your case and how much compensation you receive. Below are the most important do’s and don’ts when speaking to the adjuster.


  • Direct them to your attorney: If possible, don’t speak to the insurance adjuster at all. Instead, direct them to your attorney who can speak to them and protect your claim at the same time.
  • Take notes: If you have already spoken with an adjuster, write down anything that was said.
  • Save copies of anything the insurance company gives you: The insurance company may present you with certain documents, such as release forms or settlement offers. While you shouldn’t sign these, do save copies of them.


  • Admit fault: Don’t even apologize in general that the accident happened. This will greatly harm your claim for compensation.
  • Sign a release: The adjuster may ask you to sign a medical release. This allows them access to your medical records so they can look for pre-existing conditions they can attribute to your injuries instead of the accident.
  • Provide a recorded statement: The adjuster will also ask you to provide a recorded statement, which can be used against you later.
  • Accept any settlement: Although the adjuster may offer you a quick settlement, that settlement is going to be very low and will not fully cover the cost of your injuries. Don’t accept any settlement without first speaking to your attorney.

A general rule when dealing with insurance companies is that you should always say as little as possible in order to protect your claim.

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Common Places Where Slip and Fall Accidents Occur

Although a slip and fall accident could happen anywhere, there are certain places where they are more common. These include:

  • Public elevators
  • Apartment buildings
  • Spas and salons
  • Bars and nightclubs
  • Parking lots and garages
  • Grocery stores
  • Big box stores
  • Restaurants
  • Office buildings

In some cases, it can be difficult to determine who the liable party is. However, our attorneys have years of experience handling these complex claims, and we can work quickly to identify all possible liable parties.

Slip and Fall Claims

Time Limit on Premises Liability Claims

Slip and fall accidents fall under the area of personal injury law known as premises liability. This area of law governs all accidents that happen on a property owner’s land.

Like all other areas of personal injury law, slip and fall accident claims have a time limit, known as the statute of limitations. This statute of limitations on a slip and fall claim in Texas is two years from the date of the accident. If you don’t file your claim within this period of time, you will likely be barred from receiving compensation.

Many accident victims think this is a lot of time, but it’s not. Prior to a claim being filed, an attorney must gather extensive evidence, consult with their network of expert witnesses and eyewitnesses, and thoroughly document the extent of your injuries.

This process takes time, so it’s important to speak to a slip-and-fall attorney from our firm as soon as possible after an accident.

Contact a Slip and Fall Accident Attorney Now at (915) 333-3333!

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Michael J. GopinReviewsout of 5 reviews
"Awesome staff.

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John and his son were involved in a traumatic car accident. Thanks to The Law Offices of Michael J. Gopin, PLLC., the Shamley Family had the support they needed to turn this painful experience into one of hope and triumph.

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Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.

Talk to a Slip and Fall Accident Attorney Now

If you have suffered serious injuries as a result of a slip and fall, you need the help of our El Paso slip and fall accident attorney. At the Law Offices of Michael J. Gopin, PLLC, we know how to hold property owners and insurance companies accountable.

Contact us today to schedule your free consultation so we can advise you of your legal options.

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