Yes, you can sue a restaurant for a slip and fall in Texas if the restaurant’s negligence — such as failing to clean up a spill or warn customers of a wet floor — caused your injury. Restaurants owe their customers the highest duty of care under Texas premises liability law.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Restaurants Owe Customers the Invitee Standard of Care

When you enter a restaurant as a paying customer or a potential customer, Texas law classifies you as a business invitee — the highest-protected category of visitor under Texas premises liability law. As an invitee, the restaurant owes you a duty to:

Conduct regular inspections of the premises to identify dangerous conditions
Promptly clean up or repair any hazardous condition discovered during those inspections
Warn customers of known hazards that cannot be immediately corrected
Exercise ordinary care to keep the premises in a reasonably safe condition

This is a higher duty than what a property owner owes to a social guest or a trespasser. Because restaurants invite the public onto their property for commercial purposes, they are held to a rigorous standard of care. When they fail to meet that standard and a customer is injured, they can be held liable for the resulting damages.

Common Hazards in Texas Restaurants That Cause Slip and Fall Injuries

Restaurant environments create constant opportunities for dangerous conditions to develop. The most common hazards that lead to slip and fall claims include:

Wet floors without warning signs — spills from drinks, food, or cleaning activities that are not marked with wet floor cones
Recently mopped or waxed floors — especially in restrooms, kitchens, and near drink stations, where surfaces may remain slippery long after cleaning
Uneven or damaged flooring — cracked tiles, warped floorboards, raised thresholds between dining and kitchen areas
Poor lighting — dimly lit dining rooms, entryways, stairwells, and restrooms that make it difficult to see hazards
Spilled food and grease — particularly in buffet areas, near condiment stations, and in high-traffic service corridors
Cluttered aisles and walkways — chairs pushed too far back, server trays on the floor, boxes left in hallways
Outdoor hazards — slick walkways, parking lots, patios, and entranceways during or after rain

Proving the Restaurant Knew or Should Have Known About the Hazard

The most contested element in a restaurant slip and fall case is whether the restaurant had actual or constructive knowledge of the dangerous condition. Simply falling in a restaurant is not enough — you must show the restaurant knew about the hazard and failed to act, or that the condition existed long enough that a reasonable inspection would have discovered it.

Evidence that can establish a restaurant’s knowledge includes:

Surveillance footage showing when a spill occurred and how long it remained before your fall
Employee testimony that a server or staff member saw the condition before your fall
Prior incident reports documenting similar falls in the same location
Maintenance and cleaning logs showing when the area was last inspected or cleaned
Witness statements from other customers or staff who noticed the hazard
Physical evidence such as dried, spread, or tracked spill patterns suggesting the condition was not recent

Documenting Your Injuries After a Restaurant Fall

What you do immediately following your fall in a restaurant can significantly affect the outcome of your claim. If you are physically able, take the following steps:

Report the incident to the manager on duty and ask for an incident report to be completed
Photograph the hazard, the area around it, and any absent or inadequate warning signs
Photograph your injuries at the scene and in the days that follow as bruising and swelling develop
Collect the names and contact information of any witnesses, including other diners and staff
Seek medical attention the same day, even if you feel your injuries are not severe
Preserve the clothing and footwear you were wearing as potential evidence
Write down your full account of what happened before your memory of specific details fades

How Insurance Adjusters Handle Restaurant Slip and Fall Claims

Restaurants carry commercial general liability insurance, and when you file a claim, an insurance adjuster will be assigned to your case. Insurance adjusters work for the insurer — not for you. Their goal is to minimize or eliminate the payout on your claim. Common tactics include:

Contacting you quickly after the accident, before you have fully assessed your injuries, to obtain a recorded statement that can later be used against you
Offering a fast, low settlement before you understand the full extent of your medical treatment and expenses
Arguing that the spill or hazard was “open and obvious” and that you should have avoided it
Disputing causation by claiming your injuries were pre-existing or unrelated to the fall
Blaming you for the fall by pointing to your footwear, your distraction, or your walking path

Under Texas comparative fault rules (Tex. Civ. Prac. & Rem. Code Chapter 33), if adjusters can shift even a portion of the blame to you, they reduce their client’s exposure. If they can get a jury or arbitrator to assign you 51% or more of the fault, they pay nothing. Do not speak to an insurance adjuster without first consulting an attorney.

What Damages Can You Recover from a Restaurant Slip and Fall?

If you can prove your claim, you may be entitled to recover:

Past and future medical expenses, including emergency care, surgery, physical therapy, and ongoing treatment
Lost wages and loss of future earning capacity if your injuries affect your ability to work
Physical pain and suffering, both past and future
Mental anguish and emotional distress
Physical impairment and disfigurement

The statute of limitations for slip and fall claims in Texas is two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003. Do not delay in pursuing your claim.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

What duty does a restaurant owe me if I slip and fall there?

As a customer, you are an invitee and the restaurant owes you the highest duty under Texas premises liability law. This includes actively inspecting the premises, correcting known hazards, and warning customers of dangers that cannot be immediately fixed.

What if there was no wet floor sign where I slipped at a restaurant?

The absence of a wet floor sign is important evidence of the restaurant’s failure to warn you of a known hazard. It supports your argument that the restaurant breached its duty of care and can be documented through your own photographs and any surveillance footage.

Can I sue a fast food restaurant for a slip and fall in Texas?

Yes. Fast food restaurants owe the same invitee duty of care as sit-down restaurants. If a hazardous condition on their premises — such as a wet floor or a slippery drive-through entrance — caused your fall, you may have a valid claim.

How long does a restaurant keep its surveillance footage?

Most restaurants retain surveillance footage for 24 to 72 hours before it is overwritten. An attorney must act immediately to send a litigation hold letter demanding preservation of this footage before it is deleted.

What if a restaurant employee saw the spill before I fell but did not clean it up?

If an employee observed the hazardous condition and failed to address it, that is strong evidence of actual knowledge and a clear breach of the restaurant’s duty of care. Witness statements and surveillance footage can help establish this.

Can I still recover if I was partially at fault for my restaurant slip and fall?

Yes, as long as your fault is 50% or less. Texas modified comparative fault rules (Chapter 33) allow you to recover damages reduced by your percentage of fault. You are barred only if you are found 51% or more responsible.

Should I accept the first settlement offer from the restaurant’s insurance company?

In most cases, no. Initial settlement offers are typically far below the full value of your claim and are made before the full scope of your injuries and expenses is known. Consult an attorney before accepting any settlement.