Texas retail injury resources
How to Sue Ross Dress for Less After a Slip, Trip, or Fall in Texas
Maybe you were cutting between two clothing racks at Ross when your foot went out from under you. Someone helped you up, a manager asked what happened, and now you're juggling doctor visits and paperwork. What should you keep, who should you call, and do you even have a claim?
That turns on two things: what actually caused the fall, and what the store (or whoever controlled that spot) knew or should have found. Falling inside a store doesn't prove anyone was at fault. In a Texas premises case, your evidence generally has to connect four pieces: a dangerous condition, actual or constructive knowledge of it, a failure to use reasonable care, and your injury. [1]
This hub walks through the questions worth asking early. It also points you to the guide for each stage, from the first few days after a fall to getting ready for trial.
The Law Firm of Aaron A. Herbert, P.C., Dallas, Texas.
Texas Bar license #24036761. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
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Start with what happened under your feet
Your memory may have gaps. That's normal. Write down what you remember now, before friends, relatives, or employees start offering their own theories.
Question for your notes | A note that helps later |
|---|---|
Did your shoe slide, catch, or hit something? | "My right heel slid forward on something wet." |
Were you turning around a display? | "I was stepping around the end of the shoe rack." |
Did you see the hazard before the fall, or only afterward? | "I only saw the hanger once I was on the floor." |
Those sample notes are illustrations, not quotes from a real case. Notice how exact they are. "There was a hanger next to my shoe" is one observation. "I saw my shoe catch the hanger" is a different one, and you should write down only the one you actually saw.
Get medical care first. The rest can wait or be handled by someone else.
If you can, before you leave | Details worth getting |
|---|---|
Photos, or ask a companion to take them | The whole path you walked, not just the spot where you landed: nearby racks, lighting, warning signs, and the direction you came from |
Notes on anything that changed | Whether an employee picked something up, moved a rack, or mopped before the photo |
Witness contacts | Each person's name, phone number, and one line on what they personally saw |
Someone who walked up after you fell may not know how it happened. That person can still describe the scene and how employees responded.
Two guides go deeper on this early stretch: What to Do in the First 72 Hours After a Fall at Ross in Texas, and Preserving Ross Surveillance Video and Electronic Evidence After a Texas Fall.
Think of "72 hours" as a way to organize the work. It isn't a filing deadline, and it doesn't mean video will still be around on day three. We have not verified any Ross-wide retention period for footage.
Start with these guides
Which records and items should you keep?
What to keep | How to handle it |
|---|---|
Photos and videos on your phone | Keep the original files. Share copies, and crop or mark up only a copy. |
Texts and messages about the fall | Leave them on your phone, including ones that don't help you. |
Receipts | Keep the paper slip or card record. It can show when you were in the store. |
The shoes and clothing you wore | Set them aside as they are. Don't clean, repair, or throw them out. |
The store's report number | Write down who took your report and when. |
An edited photo may be easier to look at, but it shouldn't become the only version left.
Report the location and basic facts to a manager. Ask for a report number and note who took your account. If you couldn't make a report, tell your lawyer why. A report is useful evidence. Not having one doesn't decide whether you have a claim.
Keep a running timeline, too. Here's a hypothetical one:
Event | Where the time comes from | When |
|---|---|---|
Fall near the shoe racks | Your memory | About 4:30 p.m. (estimate) |
Purchase at the register | Printed receipt | 4:41 p.m. |
Call to a family member | Phone call log | 4:52 p.m. |
First doctor visit | Clinic paperwork | Next morning |
Missed work shift | Work schedule | Two days later |
Call from the store's insurer | Your notes and the claim number | Following week |
The estimate and the printed times don't have to match. Just keep them labeled.
Why does it matter how long the hazard was there?
A photo of a puddle shows what it looked like when you took the picture. It almost never shows when the puddle formed. That missing piece can decide a case.
A store can have actual knowledge, for example when someone reports a spill. Constructive knowledge asks something else: did the store have a reasonable chance to discover that particular condition? In Reece and Spates, the Texas Supreme Court explained why an employee simply being nearby wasn't enough on the records in those cases. No fixed number of minutes settles every case. [1]
Here's a made-up sequence to show how a lawyer reads timing. It is a hypothetical, not a Ross incident.
Time | Hypothetical event | What a lawyer would check |
|---|---|---|
2:05 p.m. | A shopper reports water near a display | Was it the same water and the same spot? |
2:07 p.m. | A manager acknowledges the report | Is there an original message or log entry? |
2:14 p.m. | Someone slips and falls | Were the clocks on each record accurate? |
Before relying on a timeline like that, counsel would need to confirm all three events involve the same water in the same place. The clocks and the original messages would matter too.
For the full notice analysis, read Proving Ross Knew About a Slip or Trip Hazard in Texas. Trip hazards call for different measurements and observations; Hangers, Racks, Mats and Thresholds in Texas Ross Trip and Fall Claims covers those.
How you got hurt also shapes the legal theory. A rack left sitting across an aisle raises a different question than an employee pushing a rack into you. Your lawyer should look at what was going on at the moment of injury before choosing between a premises-liability theory and a negligent-activity theory.
Who was responsible for that part of the property?
The name on the sign won't answer that. The merchandise aisle inside, the walkway out front, and a shared parking lot can each have a different operator or maintenance arrangement.
Sorting it out may take leases, contracts, business records, and evidence of who actually handled upkeep. A landlord or contractor shouldn't be named just because it has some link to the property. There has to be a real basis for its responsibility.
You don't need to untangle the corporate structure yourself. Bring the exact store address, your receipt, your photos, and the report number to the consultation. The filing and defendants guide explains how a lawyer uses those details.
Watch the calendar, too. [2]
Deadline question | Short answer |
|---|---|
How long do you generally have? | Two years from accrual for a Texas personal-injury suit |
What does that look like? | A fall on March 3, 2026 would usually point to March 3, 2028 |
Can it change? | Yes. Case-specific exceptions exist, so have your lawyer calculate your date and plan for service |
Does a report or insurance talk pause it? | No. A store report, a preservation letter, or months of negotiation won't stand in for a timely suit |
What can you recover for your injuries?
The evidence and the law decide which losses are recoverable, and each one needs its own support.
Possible loss | Support that usually matters | A specific note (hypothetical) |
|---|---|---|
Medical expenses | Bills plus the clinical records explaining the treatment. A bill alone doesn't explain medical causation. | "Physical therapy twice a week since May 4" |
Lost earnings and reduced earning capacity | Work schedules, pay records, and evidence about what you can still do. A diagnosis alone won't prove future lost wages. | "Missed Saturday's shift" |
Pain and mental anguish | Treatment records and your own dated notes about daily life | "Couldn't sleep through the night for three weeks" |
Physical impairment and disfigurement | Specific activities you've lost or changed, and records showing the change | "My son carries the groceries upstairs now" |
Problems you had before the fall | Tell your doctors and your lawyer, then describe what changed afterward | "Back was stiff before; now I can't lift my grandson" |
Gaps or delays in care | The real reason, told to your provider and your lawyer | "Missed two visits because I had no ride" |
The medical causation and damages guide covers these questions. It also explains the difference between a gross settlement and what a client receives after applicable deductions. You won't find a Ross settlement average or a fixed multiplier in this series.
If the case moves toward a lawsuit
The full Ross litigation guide follows a claim from investigation through trial. Four supporting guides cover work that may come up along the way.
Supporting guide | What you'll find there |
|---|---|
Discovery and corporate depositions | The records and witnesses needed to fill factual gaps |
Defenses and summary judgment | How your legal theory and proof can be challenged |
Expert witnesses | Specialized questions, methods, and limits |
Trial and resolution | Mediation, jury selection, testimony, and decisions after a verdict |
At every stage, keep asking what has actually been established. Asking for video doesn't mean it was saved. And a saved clip might show your fall while leaving out the earlier period needed to investigate notice.
Questions people often ask about Ross fall claims
Question | Straight answer |
|---|---|
If the store lost the video, do I automatically win? | No. Picture a store that kept thirty seconds of the fall but let the earlier hour record over. Under Brookshire Brothers v. Aldridge, a court would look at whether there was a duty to preserve, what was lost, how much that hurt your side, and what remedy fits. Missing footage doesn't automatically earn an adverse-inference instruction or prove liability. [3] |
What if the store says I should have seen the hazard? | It depends on your approach: lighting, contrast, displays in the way, warnings, other routes. Open-and-obvious is a duty question, separate from how fault gets split. A photo taken after cleanup won't settle it. |
Do I have to file suit right away? | Not necessarily. Some claims can be investigated while you're still in treatment. Evidence and deadlines still need prompt attention, and ongoing negotiations don't extend your deadline. |
How should you evaluate a lawyer?
Ask what's still unproven in your case and how the lawyer would investigate it. Ask who will handle the important work, how you'll get updates, and how fees and expenses would affect a recovery.
Aaron Alan Herbert's State Bar profile lists his Texas license and Board Certification in Personal Injury Trial Law. You can check that yourself. A credential doesn't predict the result of your case, and this hub claims no Ross-specific verdict or settlement for the firm. [4]
To ask for an evaluation, contact The Law Firm of Aaron A. Herbert through injuryattorneyofdallas.com. Bring the records you have and point out what's missing. You don't need a complete file first.
What Ross's corporate numbers can and can't tell you
Figure from Ross Stores' fiscal 2025 Form 10-K | What it covers | What it doesn't tell you |
|---|---|---|
321 Texas stores as of January 31, 2026 | Ross and dd's DISCOUNTS locations combined | How often shoppers fall in those stores |
$59.434 million general-liability reserve | The whole company | Annual Texas injury spending or a count of lawsuits |
[5]
Neither figure gives you an accident rate or a value for your claim. We have not verified a Texas filing total, a Ross settlement average, or a plaintiff win rate. Published court decisions can illustrate legal issues, but they aren't a representative database of every claim.
Sources
[1] Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002); Wal-Mart Stores, Inc. v. Spates, 186 S.W.3d 566 (Tex. 2006). [2] Tex. Civ. Prac. & Rem. Code ch. 16, including §§ 16.001 and 16.003. [3] Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014). [4] State Bar of Texas, official profile for Aaron Alan Herbert. [5] Ross Stores, Inc., Form 10-K for fiscal 2025 (year ended Jan. 31, 2026).
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers