Trusted. Proven. Relentless.
Slip & Fall Accidents
Austin Slip & Fall Attorney
Evidence-Focused Advocacy Backed by a $12,393,542 Premises Liability Verdict
After a slip and fall accident in Austin, you need answers, support, and a clear path forward. If you’re facing pain, medical bills, or missed work, questions about who controlled the property and what they knew can determine whether you have a premises liability claim. Photographs, incident reports, witness accounts, and surveillance footage can also change or disappear, making early evidence preservation important.
Our firm, Howry Breen & Herman, LLP, has served injured clients in Central Texas since 1995. We advocate for people injured in accidents, including falls involving dangerous property conditions. Our attorneys evaluate these cases under Texas premises liability law and provide clear guidance about medical documentation, insurer communications, responsibility, and the next steps in an investigation.
Contact our Austin slip and fall lawyer by calling (512) 430-4844 today to schedule a free consultation.
Premises Liability Trial Experience & Client Support
Choosing legal representation after an injury can shape how your claim is investigated, presented, and valued. At Howry Breen & Herman, LLP, we prepare cases for negotiation or litigation and use trial science and courtroom technology when a case requires them. We also explain the legal process clearly so clients can make informed decisions as their cases progress.
Our approach is supported by documented experience and resources:
Premises liability trial experience.Sean Breen secured a $12,393,542 Travis County verdict that was recognized as the number one premises-liability verdict in Texas in 2011. That result involved its own facts and doesn’t predict the outcome of another claim.
Proven firmwide results. Our team has secured hundreds of millions in verdicts and settlements, including a $53.9 million verdict for a burn injury case and a $15 million judgment in a wrongful death matter. These are general firm results, not slip and fall outcomes.
Industry recognition. Our attorneys have been honored by Best Law Firms, Best Lawyers, Super Lawyers, and The National Trial Lawyers.
Practical client support. We help clients access medical care and address practical needs when appropriate while making the legal process clear throughout the process.
Trial-ready preparation. We investigate the property condition, notice, causation, and damages with litigation in mind rather than assuming an early settlement is the right result.
What to Do After a Slip & Fall Injury in Austin
After a slip and fall injury, take these steps:
Seek medical care promptly. A timely evaluation can identify injuries and create a treatment record connecting your condition to the fall.
Report the fall to the property owner or manager immediately. Request a copy of the incident report for your records.
Take photographs of the location, the hazard, your injuries, and any damaged property. Capture the broader area as well as close views before the condition changes.
Get witness names and contact information if anyone saw your fall or the hazardous condition.
Preserve shoes, clothing, receipts, medical records, missed-work documentation, and communications related to the incident.
Avoid giving a recorded statement or signing a release for an insurance company before you get legal advice.
How We Investigate a Texas Premises Liability Claim
A fall by itself doesn’t establish property-owner liability. For an invitee, meaning someone permitted onto property for a purpose connected to the owner or occupier, Texas law generally examines whether the person controlling the property had actual or constructive knowledge of an unreasonably dangerous condition, failed to use reasonable care, and caused the injury.
Actual knowledge means the owner or occupier was aware of the condition itself. Constructive knowledge may be established through evidence that the condition existed long enough that a reasonable inspection should have discovered it. The required analysis can change based on the visitor’s legal status, who controlled the location, whether a warning was provided, and how the incident occurred.
Our investigation may address evidence such as:
Scene evidence. We examine photographs, measurements, surveillance footage, warning signs, and the physical condition of the walking surface.
Notice evidence. We seek incident reports, complaints, inspection logs, maintenance records, cleaning schedules, and other information that may show when the hazard arose.
Witness evidence. We evaluate accounts from employees, customers, residents, contractors, and others who observed the condition or the fall.
Injury evidence. We review medical records, treatment history, employment information, and documentation showing how the injury affects daily activities.
Responsibility evidence. We consider warnings, visibility, footwear, distractions, and other facts relevant to comparative responsibility, which is the percentage of fault assigned to each party.
We can explain how medical bills, lost income, insurer communications, and treatment records relate to the claim.
Common Causes of Slip & Fall Accidents in Austin
Slips and falls may occur in grocery stores, restaurants, apartment communities, office buildings, hotels, parking garages, and other properties open to visitors. When we review a situation, we look closely at how the condition formed, how long it was present, and whether reasonable inspections or warnings could have addressed it.
Conditions that may warrant investigation include:
Spilled liquids, tracked-in water, or recently cleaned floors without an adequate warning.
Uneven pavement, broken flooring, raised walking surfaces, or unsecured mats.
Poor lighting that makes steps, elevation changes, or obstacles difficult to see.
Defective stairs, missing handrails, loose railings, or unexpected changes in step height.
Debris, merchandise, cords, or other obstructions left in pedestrian areas.
Potholes, damaged curbs, or poorly maintained surfaces in parking areas.
Compensation in Austin Slip & Fall Claims
Beyond direct financial losses, Texas law may recognize physical pain, impairment, disfigurement, and mental anguish when supported by the facts. Falls can limit mobility, independence, and ordinary activities. When we review a case, we take time to understand how daily life has changed so the damages analysis reflects more than the current medical expenses.
In some situations, future losses are just as important as what a person has already experienced, particularly when ongoing care, rehabilitation, or permanent work restrictions are supported by the evidence. Treating providers and qualified professionals may help evaluate future treatment or vocational needs. The potential value of a claim also depends on liability evidence, causation, comparative responsibility, available insurance, and the legal rules applicable to the property and parties.
Austin Slip & Fall Claim FAQs
How Do I Know Whether I May Have a Premises Liability Claim?
A claim may be possible if a dangerous property condition caused your injury and the person or business controlling the property knew or should have known about it but failed to use reasonable care. Your legal status on the property, available warnings, comparative responsibility, and the evidence connecting the condition to your injury may also affect the claim.
Will I Have to Pay Anything Upfront for Your Help?
No. We work on a contingency fee basis. This means you pay no upfront attorney fees and owe an attorney fee only if we recover compensation in your case. The fee arrangement and case-specific costs can be explained during your consultation.
How Long Will My Slip & Fall Claim Take in Austin?
Timelines vary based on injury severity, the length of treatment, disputed liability, insurer cooperation, and whether litigation is necessary. Under the Texas Civil Practice and Remedies Code, personal injury claims generally must be filed within two years, but exceptions and claim-specific deadlines may apply. Prompt advice can clarify both the filing deadline and the likely case timeline.
Can Your Team Help Me Understand Medical Bills & Treatment Issues?
Yes. We can explain how treatment records, medical expenses, insurance communications, and future care may relate to your claim. When appropriate, we can also discuss practical support based on your circumstances.
Will Your Team Prepare My Case for Trial If a Fair Resolution Isn’t Reached?
We prepare cases with litigation in mind rather than assuming an early settlement is appropriate. If a fair resolution isn’t reached, we can assess whether taking the case to trial is the right next step.
Discuss Your Austin Slip & Fall Claim
If you have suffered a slip and fall injury, reach out to our team for a free consultation. We can discuss where the fall occurred, what condition caused it, what evidence may exist, and how the injury has affected your health and work. You’ll pay no upfront attorney fees, and we receive an attorney fee only if we recover compensation for you.
Our team can evaluate responsibility, identify records that may need to be preserved, and explain your available options without promising a particular outcome. The sooner the investigation begins, the more opportunity there may be to locate time-sensitive evidence.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.