Quick answer
No public dataset counts how many Texas shoppers are hurt each year because Walmart, Costco or another retailer let a hazard sit on the floor. The numbers that do exist measure other things, and each one needs its population, year and source beside it.
| Question | What the public record shows |
|---|---|
| How many Texas customers fall in stores each year? | No public source reports this, for any chain. |
| Is there Texas fall data at all? | Yes. CDC reports that 29.0% of Texans 65 and older said they fell at least once in 2020, and TDI-DWC counts 47,650 private-industry worker slip, trip and fall cases for 2021–2022 combined. |
| Do those figures show a store was negligent? | No. A Texas customer still has to prove notice, an unreasonable risk, a failure to use reasonable care and causation. |
| What decides a real case? | Store-specific evidence: video, inspection logs, witnesses, incident reports and medical records. |
A fractured hip or a head injury from a fall at a store can change a family's routine for months. Statistics explain why that kind of fall deserves attention. They cannot show what happened in one aisle on one afternoon.
What Texas fall statistics actually measure
Each data system answers its own question, so its numbers cannot be swapped for another's.
| Record type | What it counts | What it cannot tell you |
|---|---|---|
| Health surveys (CDC BRFSS) | People who say they fell in the past year | Where the fall happened or whether anyone was at fault |
| Death certificates (CDC NVSS) | Deaths with a fall recorded as the cause | Whether a store was involved |
| Emergency department samples | Hospital visits linked to a fall | Unique patients, or the place of injury |
| Worker injury surveys (TDI-DWC, BLS) | Employees hurt on the job | Injuries to shoppers |
| Court records | Disputes that reached a lawsuit | How many falls never became claims, or who was right |
A person can fall and walk away unhurt. An injury can happen with no negligence at all. A lawsuit can be filed and then lost, and a settlement can resolve a claim with no admission of fault. Treating those events as one number produces a misleading statistic.
Key figures at a glance
Read every figure with its population and period. Several rows overlap, so they cannot be added together.
| Measure | Figure | Population and period | Source |
|---|---|---|---|
| Reported at least one fall in the past year | 29.0% | Texas adults 65 and older, age-adjusted, 2020 survey | [1] |
| Women reporting a fall | 30.8% | Texas women 65 and older, age-adjusted, 2020 | [1] |
| Men reporting a fall | 27.0% | Texas men 65 and older, age-adjusted, 2020 | [1] |
| Unintentional fall death rate | 65.1 per 100,000 | Texas adults 65 and older, age-adjusted, 2021 | [1] |
| Worker slip, trip and fall cases | 47,650 cases | Texas private industry, 2021 and 2022 combined, DART cases | [2] |
| Same-level worker falls | 29,840 cases | Texas private industry, 2021 and 2022 combined, DART cases | [2] |
| Worker falls to a lower level | 9,690 cases | Texas private industry, 2021 and 2022 combined, DART cases | [2] |
| Worker slips or trips without a fall | 7,440 cases | Texas private industry, 2021 and 2022 combined, DART cases | [2] |
| Fatal worker falls, slips and trips | 77 deaths | Texas, all ownerships, 2024 | [3] |
| Older-adult fall emergency visits | About 4.5 million a year | United States, adults 65 and older, CDC summary reviewed September 2026 | [5] |
| Older-adult fall hospitalizations | About 1.4 million a year | United States, adults 65 and older; included in the 4.5 million visits | [5] |
| Older-adult hip fracture hospitalizations | Nearly 319,000 a year | United States, older adults, same CDC summary | [5] |
| Same-level share of retail and wholesale worker fall injuries | 75% | United States, historical worker data in a 2012 NIOSH publication | [7] |
| Healthcare spending on nonfatal older-adult falls | $80.0 billion | United States, adults 65 and older, modeled for 2020, published 2024 | [9] |
DART means a case involving days away from work, restricted duties or a job transfer. A hospital visit is an encounter, not a unique patient.

Texas older adult falls and deaths
CDC's 2023 report gives directly comparable Texas figures for adults 65 and older, all from Table 2 of that report. [1]
| Measure | Texas | Notes |
|---|---|---|
| Reported at least one fall, 2020 | 29.0% (95% CI 25.8%–32.3%) | Self-reported survey, age-adjusted |
| Women reporting a fall | 30.8% | Age-adjusted |
| Men reporting a fall | 27.0% | Age-adjusted |
| Unintentional fall deaths, 2021 | 65.1 per 100,000 | Age-adjusted; the U.S. rate was 78.0 |
| Women, fall death rate | 57.9 per 100,000 | Age-adjusted |
| Men, fall death rate | 75.1 per 100,000 | Age-adjusted |
Texas's age-adjusted fall death rate for this age group was lower than the national rate in 2021. An age-adjusted rate allows fair comparison between places with different age mixes; it is not a raw count of deaths. The survey percentage counts people who reported a fall, not the number of falls, and it says nothing about where those falls happened. [1]
For a family, the lesson is simple. When an older relative falls in a store, take it seriously. Someone who walked in on their own may need real help afterward. A damages claim, though, rests on that person's actual health before and after the fall, not on assumptions about age.
Texas workplace slip, trip and fall injuries
The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) reports worker injuries that led to days away from work, a job transfer or restricted duty. [2]
| Event category, 2021–2022 combined | Cases | Annualized rate per 10,000 full-time workers |
|---|---|---|
| All falls, slips and trips | 47,650 | 26.6 |
| Falls on the same level | 29,840 | 16.6 |
| Falls to a lower level | 9,690 | 5.4 |
| Slips or trips without a fall | 7,440 | 4.1 |
The same report lists 30,310 cases (an annualized rate of 16.9) where floors, walkways or ground surfaces were the injury source. That source category overlaps the event rows above, so it must not be added to them. The counts cover two years combined, while the rates are annualized. The three subcategories add to 46,970 rather than 47,650 because of rounding and unlisted subcategories. The report has no separate falls figure for Texas retail workers. Calling these "annual customer injuries" would misdescribe the report, and none of these cases is a court finding of negligence. [2]
A worker and a shopper can trip on the same pallet and still face different legal paths.
| Injured person | Usual legal route | Key questions |
|---|---|---|
| Store employee | Workers' compensation, if the employer subscribes | Is the employer a subscriber? Is a third party also responsible? |
| Employee of a nonsubscribing employer | Negligence claim against the employer | Which duties apply, and which defenses are lost? |
| Customer | Premises liability claim | Was the customer an invitee? Did the store know or should it have known? |
Texas occupational fatalities in 2024
Texas recorded 557 fatal occupational injuries in 2024. Falls, slips and trips caused 77 of them, about 14% (77 of 557 is 13.8%), and 61 of those were falls to a lower level. These are statewide figures across all industries. They are not customer deaths and are not deaths tied to Walmart or any other retailer. [3]
That difference matters at home improvement stores. A shopper who trips on packaging in an aisle and a contractor who falls from a raised work area can both be badly hurt, but the investigation and the duties involved are very different.
National severity research
National data show how serious a fall can be, especially for older adults. None of it measures injuries inside stores.
| CDC older-adult fall figure | Annual estimate |
|---|---|
| Emergency department visits | About 4.5 million |
| Treated and released (part of the 4.5 million) | About 3.1 million |
| Admitted to the hospital (part of the 4.5 million) | About 1.4 million |
| Hip fracture hospitalizations | Nearly 319,000 |
| Hip fracture deaths caused by falls | 83% |
| Hip fracture emergency visits and hospitalizations caused by falls | 88% |
These figures come from CDC's Facts About Older Adult Falls page, reviewed September 8, 2026. The page does not give a single data year, so they should not be labeled as 2026 counts. CDC also names falls as the most common cause of traumatic brain injury in older adults and advises anyone who hits their head in a fall to see a doctor promptly, especially if they take blood thinners. [5]
Note the direction of the hip fracture figures. They show that most hip fractures come from falls. They do not show that most falls cause hip fractures. Reversing that denominator changes the claim completely.
Fall burden increases with age
An NCHS analysis of 2014–2017 emergency visits found that unintentional falls were mentioned in 13% of visits by adults 60 and older. [6]
| Age group | Share of emergency visits involving an unintentional fall |
|---|---|
| 60–69 | 10% |
| 70–79 | 12% |
| 80–89 | 17% |
| 90 and older | 25% |
These are shares of emergency visits, not yearly chances of falling or store injury rates. The research is a reason to treat an older customer's fall seriously. It does not show whether a particular fall was preventable.
What the National Floor Safety Institute reports
The National Floor Safety Institute (NFSI) works on walkway safety, testing and prevention. Its stated mission is "to aid in the prevention of slips, trips, and falls through education, research and standards development." [4]
| NFSI homepage statement | NFSI's attribution | Caveat |
|---|---|---|
| Around 8 million people visit hospitals each year because of fall injuries | CDC | No data year given on the page; national, all ages and settings |
| 47,026 deaths from falls in 2023 | National Safety Council | National, all ages and settings |
These are NFSI's summaries of other organizations' data, and neither figure is Texas retail data. A count of all falls also should not be relabeled as a count of slips alone.
Retail and grocery store research
NIOSH's October 2012 guide on wholesale and retail trade is the most direct federal source on store floors, though it covers workers rather than shoppers. [7]
| NIOSH finding | Figure or detail |
|---|---|
| Rank of slips, trips and falls among lost-workday injury causes in wholesale and retail trade | Third most common |
| Share of those fall injuries on the same level | 75% |
| Rate in grocery stores and meat-handling establishments | 28.3 per 10,000 employees |
| Rate in all other private industries combined | 16.1 per 10,000 employees, so the grocery rate was about 76% higher (NIOSH rounds this to 75%) |
| Hazards named | Spills, tracked-in rain, loose mats, blocked views, poor lighting, damaged surfaces, clutter |
| Recommended controls | Keep aisles clear, fix refrigeration leaks, aim produce misters away from walkways |
These are historical worker figures based on 2010 Bureau of Labor Statistics data for days-away-from-work cases. They are not current customer rates, and the NIOSH guidance is safety context rather than proof of any customer's claim. [7]
In practice, the investigation should look at how the department actually ran.
| Store area | Questions worth asking |
|---|---|
| Produce | Where did the water come from, and how often did staff check the floor? |
| Freezer aisle | What does the service history show for that case or cooler? |
| Entrance | How were the mats placed, and what did staff see before the fall? |
How many Texas retail properties are there
The 2022 Economic Census counts 84,000 retail trade establishments in Texas, run by 49,540 firms. [20, 21] That shows the scale of Texas retail. It is not a count of walk-in stores open today.
| Retail business or category | Texas count | Date and scope |
|---|---|---|
| Retail trade employer establishments | 84,000 | 2022 Economic Census; broad retail category, not only walk-in stores [21] |
| Walmart retail units, including Sam's Club | 595 | Walmart's Texas location facts, as of January 19, 2026 [22] |
| Walmart Supercenters | 395 | Part of the 595 [22] |
| Walmart discount stores | 18 | Part of the 595 [22] |
| Walmart Neighborhood Markets | 96 | Part of the 595 [22] |
| Sam's Club | 82 | Part of the 595 [22] |
| Costco warehouses | 48 listed | Costco's Texas directory page, checked October 21, 2026; its state index shows 49 [23] |
| Home Depot stores | 191 | Store map for the quarter ending August 2, 2026 [24] |
| Lowe's stores | 151 | Annual report, as of January 30, 2026 [25] |
The rows have different dates and definitions, so this is not a single October 2026 inventory. Walmart's four formats add to 591, four short of its stated 595 total, and its page does not explain the gap; its fiscal 2023 Form 10-K listed 601 Texas units as of January 31, 2023. [22] The format rows sit inside the Walmart total, and chain stores sit inside the census total, so neither should be added on top. An establishment is a business location, not a whole company or a separate parcel, and a parking lot shared by several tenants is not several stores.
These counts show hundreds of large stores within a much larger retail sector. They do not show which stores have unsafe floors, how often customers fall, or whether one chain is riskier than another. Traffic, hours, layout, staffing, weather and reporting practices all differ.
Daily averages are not daily probabilities
"How often does this happen every day?" can mean three different things, and each needs different evidence.
| Question | Can public data answer it for Texas retail customers? |
|---|---|
| How many events happen across Texas on an average day? | Only for Texas workers; one national study estimates in-store injuries of all kinds |
| What is the chance one store has a fall on a given day? | No |
| What is the chance one store has two or more falls that day? | No |
Simple division turns the yearly counts into daily averages. These averages are author calculations, not figures printed in the sources. [2, 26]
| Dataset | Count | Days | Average per day | Who it covers |
|---|---|---|---|---|
| Texas worker slips, trips and falls, 2021–2022 | 47,650 | 730 | About 65.3 | Private-industry workers, all industries [2] |
| Texas same-level worker falls, 2021–2022 | 29,840 | 730 | About 40.9 | Private-industry workers, all industries [2] |
| U.S. injuries inside stores, 2012 | 85,403 | 366 (leap year) | About 233.3 | U.S. emergency-department-treated injuries inside stores, all kinds, estimated from NEISS [26] |
The store figure comes from a 2015 study by Kim and colleagues. It covers many injury types, not only slips and falls, and it is national and historical. None of these averages proves that a fall happened every single day, or tells you what share of Texas stores had a fall on a given day. [26]
Can a daily accident probability be calculated for one store?
Not reliably for Texas retail customers with the public sources reviewed here. A real probability would need customer incident counts for the same stores and period, operating days and, ideally, customer visits. Without them, any daily percentage assigned to Walmart or another chain would be false precision.
A worked model shows how the math would go if a rate existed. It uses the historical national NIOSH rate of 28.3 days-away-from-work slip, trip and fall injuries per 10,000 grocery and meat-handling workers (2010 data, not a Texas rate), spread over 365 days, and assumes injuries happen independently at a steady average rate (a Poisson model). [7, 27]
| Assumed full-time-equivalent workers at one store | Modeled chance of at least one qualifying worker injury that day | Modeled chance of two or more that day |
|---|---|---|
| 30 | 0.02326% | 0.0000027% |
| 100 | 0.07750% | 0.0000300% |
| 200 | 0.15495% | 0.0001201% |
How the model works: expected injuries per day (lambda) equal the yearly rate times the workforce, divided by 365. The chance of at least one event is 1 minus e to the power of negative lambda. The chance of two or more is 1 minus e to the negative lambda times (1 plus lambda). With 100 full-time workers, lambda is about 0.000775, which gives the 0.07750% in the table. [27]
| What the model output is | What it is not |
|---|---|
| A conditional illustration for one narrow worker-injury category | A customer's chance of falling |
| Based on a historical national grocery rate | A measured rate for any Texas store |
| Built on assumptions of steady, independent events | A prediction of every slip, trip or near miss |
Real falls cluster during rain, cleanup, crowds or a leak nobody fixed, and that breaks the model's assumptions. Lost-workday injuries also leave out many minor ones. A low modeled number cannot show that a store is safe or that customer falls are rare.
What repeated incidents mean for one claim
Many injuries across a large statewide chain are a different thing from repeated falls at one entrance or one cooler.
| Evidence | Why it may matter |
|---|---|
| Earlier falls at the same spot from the same condition | May bear on notice of that hazard |
| Complaints or work orders about the same equipment | May show the store knew of a recurring problem |
| Falls at other stores from unrelated causes | Usually cannot show notice of this hazard |
Counsel would ask for store-specific incident dates, locations, mechanisms, complaints, inspections and fixes, within the limits of relevance and discovery. The size of Texas retail makes good prevention systems and quick investigation important. It does not support a numerical daily customer fall probability, and the number of stores does not prove negligence.
Walmart and Costco liability reserves are not fall statistics
Both companies report large self-insurance balances. Those balances cover many kinds of risk, and neither company reports a separate customer-injury or slip-and-fall figure. [28, 29]
| Company | Disclosure | Balance | Prior year | What it covers |
|---|---|---|---|---|
| Walmart | "Self-insurance" in Note 4, Accrued Liabilities, fiscal 2026 Form 10-K filed March 13, 2026 | $5.525 billion at January 31, 2026 | $4.976 billion at January 31, 2025 | General liability, workers' compensation, auto liability, product liability and certain employee health benefits [28] |
| Costco | "Insurance/Self-insurance Liabilities" in Note 1, fiscal 2026 Form 10-K filed October 7, 2026 | $2.157 billion at August 30, 2026 | $1.878 billion at August 31, 2025 | Employee health care, workers' compensation, general liability, property damage, directors' and officers' liability, vehicle liability, inventory loss and other exposures [29] |
These balances are estimated obligations owed on the reporting date, not yearly accident spending. The change from one year to the next is not an annual injury cost or a settlement total. The two companies also report on different dates, so their balances should not be added into one combined figure. Walmart describes stop-loss coverage for general liability, workers' compensation and auto liability. Costco describes a captive insurance subsidiary and reinsurance, and nets captive premiums against its premium costs in selling, general and administrative expenses. Neither breaks out premiums for customer injuries. [28, 29]
Walmart falls and the importance of notice
Walmart is the largest retailer in this research, and a claim against it often turns on evidence the customer does not hold, such as video, incident reports, employee messages and inspection or maintenance records. For more on that evidence, see the Walmart injury claims hub.
| Texas Supreme Court case | Facts | What the court held |
|---|---|---|
| Wal-Mart Stores, Inc. v. Reece (2002) [10] | A customer slipped on a spill near an employee | An employee's nearness alone did not prove constructive notice. Under the "time-notice rule," the plaintiff needed evidence of how long the hazard existed, though nearness can matter alongside how visible the hazard was and for how long |
| Wal-Mart Stores, Inc. v. Spates (2006) [11] | A customer tripped on a clear plastic six-pack ring on the floor directly behind an employee who was stocking shelves 3 to 5 feet away. Her own estimate was that 30 to 45 seconds passed while she was in the aisle. | Finding constructive notice on that record would be pure speculation, so the evidence was insufficient |
Those rules shape the request for evidence. A short clip of the fall may show the event but not the timeline that decides the case. Earlier footage may show when the liquid appeared, whether employees walked past it, or whether store activity caused it, depending on camera angles and image quality. Read more on how long a spill must be on a Walmart floor and whether an employee walking past proves notice.
| Notice theory | Typical evidence |
|---|---|
| Actual notice | A report to staff, a radio call, an employee who admits seeing the spill |
| Constructive notice | Proof the hazard existed long enough that a reasonable inspection would have found it |
| Store created the condition | Video or records showing an employee spilled, stocked or mopped there |
An attorney looking into a Walmart fall should build a timeline rather than collect a photo and a stack of bills. What was on the floor before the fall? Who could see it? What did employees know, and what did they do? Each answer should rest on a witness, a record or other admissible evidence. See also what evidence can prove constructive notice.
Costco warehouse stores and customer pathways
A Costco claim depends on the exact route the member walked. The Costco injury claims hub covers the full process.
| Possible condition | What to document |
|---|---|
| Pallet or packaging in the aisle | Whether it stuck out into the walkway or sat under a display |
| Spill near a sample station | Who ran the station and when the area was last checked |
| Entrance or tire-center surface | Mats, drainage, lighting and the approach path |
These are lines of inquiry, not claims that Costco warehouses routinely have such hazards or a higher fall rate. Public sources give no reliable Texas customer fall rate for Costco, and any claim count would need a fair denominator before comparing it with other stores.
Warehouse layouts make wide photos important. A close-up can show an object without showing whether it was in the aisle or visible from the customer's approach. Wide shots, witness accounts and video help explain the scene. Counsel should also identify which company ran the premises and controlled the condition. If an outside vendor ran a demonstration or serviced equipment, its role may matter too. For more, see how to prove Costco knew about a spill and what evidence to preserve after a Costco fall.
Grocery stores and recurring sources of moisture
A grocery store investigation starts with where the substance came from. A photo of a wet floor does not show who caused it or how long it was there.
| Source of moisture | Useful records |
|---|---|
| Dropped merchandise | Video of the aisle, stocking logs, cleanup requests |
| Refrigeration leak | Work orders and service history for that unit |
| Produce misting | Mister settings, floor checks, mat placement |
| Mopping or cleaning | Cleaning logs, wet-floor sign placement, staff statements |
If a shopper heard an employee say "this keeps happening," record the exact words, who said them and when. That account still has to be tested against other evidence. A history of leaks in one department may mean little for an unrelated spill elsewhere, so discovery should tie earlier incidents to the same spot, equipment or cause.
The strongest grocery case uses specific evidence to explain the hazard and the store's chance to fix it. General statements that grocery floors get wet cannot fill that gap. See Texas grocery store fall claims and how Texas law decides grocery store liability.
Home Depot and Lowe's aisles, garden centers and loading areas
The sources reviewed give no Texas injury count for Home Depot or Lowe's, so nothing supports calling either one statistically more dangerous than other stores.
| Mechanism | Example question |
|---|---|
| Trip | Did a foot catch on packaging, a flatbed cart or a display base? |
| Slip | Did a shoe lose grip on water, soil or spilled product in the garden center? |
| Uneven surface | Was there a height change at a threshold, drain or loading area? |
| Fall to a lower level | Did the person fall from a step, ladder or dock? |
| Struck by object | Did merchandise or equipment hit the person? That calls for a different analysis than a slip. |
For a trip hazard, photos should show size, color contrast, lighting and the direction of travel. For a slippery surface, a qualified expert may be able to evaluate the floor, but a later test must account for changes in moisture, cleaning, weather or product placement. Testing a clean, dry floor weeks later may not recreate a wet one. An expert should explain what the test can and cannot show.
Parking lots, sidewalks and entrances
A customer's route runs from the car to the door, not just through the aisles.
| Location | Conditions to check | Evidence to save |
|---|---|---|
| Parking lot | Potholes, moved wheel stops, debris, drainage | Wide photos of the route from the car |
| Sidewalk and curb | Height changes, cracked ramps, missing paint | Measurements and lighting at that hour |
| Entrance | Wet mats, tracked-in rain, door thresholds | Original images with timestamps |
Photograph the approach, not just the spot where the person landed. A daylight photo taken later may not show what someone could see at night. Responsibility can fall on an operator, landlord, manager or contractor; leases and service contracts help, but the actual arrangement and conduct matter. Read more on suing for a parking lot injury.
No source reviewed gives a statewide count of negligent retail parking-lot falls, and crash or pedestrian-strike totals are not fall statistics. Rain alone does not prove negligence. The question is the condition at that time, what the owner knew, what it did, and whether the law required it to act.
The financial consequences of falls
Two national cost estimates are often quoted. They measure different things and should not be added together.
| Estimate | Figure | What it measures |
|---|---|---|
| Haddad and colleagues, 2024 | $80.0 billion | U.S. healthcare spending on nonfatal falls among adults 65 and older, modeled for 2020 [9] |
| Liberty Mutual 2025 Workplace Safety Index | $10.5 billion | Workers' compensation cost of same-level falls, ranked second among causes of serious workplace injury; injuries with more than five missed workdays; 2022 data [8] |
Neither figure reflects Texas retail costs or lawsuit payments, and neither is a schedule of customer settlements.
For one injured person, value depends on a supported account of the harm. That may include medical bills, lost wages, future care, impairment, pain and changes to daily life. Whether a given category is recoverable depends on the claim and Texas law. [17] An early offer may arrive before the medical course is clear. Before weighing it, counsel should consider the diagnosis, treatment plan, unmet needs, liability evidence and any liens. See how Texas injury claims are valued.
Texas premises liability and the evidence required
For an ordinary invitee claim, Texas courts list four elements. The Dallas Court of Appeals recited them in a Walmart fall case, Nicholson v. Wal-Mart Stores Texas, LLC, and decided that case on the knowledge element. [12]
| Element | Example of supporting evidence | What does not prove it alone |
|---|---|---|
| Actual or constructive knowledge of the condition | Video showing how long the spill sat; an employee's report | Medical bills; a store's size |
| Unreasonable risk of harm | Photos and measurements of the hazard | The fact that someone fell |
| Failure to use reasonable care to reduce or remove the risk | Missed inspections tied to the time the hazard existed | A written inspection policy by itself |
| Proximate cause of the injury | Medical records linking the fall to the diagnosis | A diagnosis with no link to the fall |
Nicholson also shows that pointing to a missed sweep is not enough. The court held that a failure to follow a sweep policy did not supply the temporal proof the time-notice rule requires. [12]
| Legal rule | Source | What it means |
|---|---|---|
| Open and obvious hazards | Austin v. Kroger Texas, L.P. (2015) [13] | A landowner generally has no duty to warn of or protect against known or obvious dangers, subject to two exceptions: criminal activity and necessary use. Austin arose from a Kroger employee's claim against his nonsubscribing employer; the Court treated that employer's duty like a landowner's duty to invitees. |
| Proportionate responsibility | Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 [16] | A claimant found more than 50% responsible cannot recover; a lower share reduces the recovery by that percentage. |
| Filing deadline | Tex. Civ. Prac. & Rem. Code § 16.003 [15] | Personal injury suits generally must be filed within two years of the day the claim accrues, subject to exceptions. |
Visitor status needs its own analysis. A vendor, repair worker or other worker is not automatically a licensee just because they came to work rather than shop. Texas treats someone who enters with the owner's knowledge and for the mutual benefit of both as an invitee, so the purpose of the visit and the relationship to the property matter. [30]
Reporting a fall to the store or talking with an adjuster does not pause the filing deadline. See the two-year filing deadline for Texas injury cases.
Preserve evidence before the scene changes
After getting medical help, report the fall accurately, with the time and place.
| Step | Do | Avoid |
|---|---|---|
| Photos | Shoot the hazard, the area, any warning signs and your approach path | Relying only on compressed images sent by text |
| Witnesses | Get names and phone numbers | Assuming the store will keep them |
| Your account | Write down what you saw while it is fresh | Guessing how the liquid got there |
| Records | Keep receipts, shoes and clothing | Throwing out items that show the conditions |
A preservation letter should name the store, location, date, approximate time and the records wanted. Depending on the facts, counsel may ask for video before and after the fall, incident reports, inspection entries, messages, cleaning logs and repair records. A request does not guarantee every record exists or can be obtained in discovery. See Walmart evidence preservation.
Brookshire Brothers, Ltd. v. Aldridge (Tex. 2014), a grocery-store fall case, is the leading Texas decision on lost evidence. The trial judge decides whether evidence was spoliated and picks the remedy. A spoliation jury instruction is reserved for intentional destruction, or negligent loss that leaves the other side with no meaningful way to present its case. Missing video does not automatically prove liability. [14] See Walmart surveillance video and spoliation.
How statistics can help a case
Statistics explain the wider burden of falls and point to useful questions. Whether they help in court depends on relevance, foundation and the rules for expert testimony.
| A statistic like this | Cannot prove this |
|---|---|
| A national worker injury rate | That a customer's aisle was unsafe |
| An older-adult fall death rate | That a parking-lot owner knew of a defect |
| A historical grocery-store rate | How long a spill sat at Walmart yesterday |
Research is most useful when tied to a specific question. Does an expert need to explain traction on a certain floor? Does a treating doctor need to separate a new injury from an old one? Does the evidence show a need for help at home? Each answer needs its own foundation, not a large number. If you are hurt, your lawyer should explain what is known, what is uncertain, what must be preserved and what your medical records show.
Why board certification matters in a retail injury claim
I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. TBLS describes certification as requiring substantial experience in the specialty, continuing education and a rigorous exam. [18, 19]
Certification does not guarantee a settlement amount or a verdict. A retailer's size does not create automatic liability, and credentials do not fill gaps in the evidence. In a Walmart, Costco, grocery, Home Depot, Lowe's or parking-lot case, I want the evaluation to cover the responsible party, the condition, notice, precautions and the injury. Where the evidence supports a lawsuit, preparation should plan for discovery, motions, experts and trial.
Frequently asked questions
| Question | Answer |
|---|---|
| How many people fall at Texas Walmart stores each year? | No public source gives a reliable statewide count of Walmart customer falls. Texas older-adult and worker figures cover different groups and are not Walmart accident data. |
| Does a fall at a store mean the store was negligent? | No. A Texas customer must prove notice, an unreasonable risk, a failure to use reasonable care and causation, based on the facts of that fall. [12] |
| Can I bring a claim after falling in a store parking lot? | Possibly. The investigation must identify the condition and who was responsible for it, including ownership, control, maintenance contracts, notice and causation. |
| Are grocery stores statistically more dangerous than other stores? | Historical NIOSH data found higher worker fall rates in grocery and meat-handling stores. That finding is about workers and does not rank customer risk at Walmart, Costco, Home Depot, Lowe's or grocery chains. [7] |
| Do Walmart's and Costco's self-insurance reserves show how many customers fall? | No. Those balances cover many kinds of liability, including workers' compensation and vehicle claims, and neither company reports a separate customer-fall figure. [28, 29] |
| Should I wait until treatment ends to contact a lawyer? | No need to wait. Early contact helps preserve evidence while treatment continues. Follow your doctor's advice on care. |
| Is there an average Walmart settlement that predicts my case? | No verified Texas average predicts an individual result. Liability evidence, injury severity, damages, defenses and liens all have to be weighed for your claim. |
Talk with Aaron Herbert about a Texas retail fall injury
If you were hurt at Walmart, Costco, a grocery store, Home Depot, Lowe's or another business, The Law Firm of Aaron A. Herbert, P.C. can review what happened and the evidence your claim needs. Bring the store location, the date, photos, witness names and any medical records you have.
Call 214-200-4878 or tell us about your case to request a free consultation. The firm advertises "No Fees or Expenses Unless You Recover"; your written agreement sets out the terms. [19] Learn more about our Dallas slip and fall practice.
About the attorney
Aaron A. Herbert is the founding attorney of The Law Firm of Aaron A. Herbert, P.C. He has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008 and licensed in Texas since 2002. He founded the firm in 2010 and represents people seriously injured in major accidents and industrial incidents. He earned a B.S. in Criminal Justice from Texas A&M University in 1999 and a J.D. from the University of Oklahoma College of Law in 2002. Read Aaron's full biography or verify board certification with TBLS.
Sources
Sources were first reviewed October 12–13, 2026 and rechecked October 21, 2026. Publication dates and data years differ; the article uses only the figures named above.
| No. | Source | Used for |
|---|---|---|
| [1] | CDC, "Nonfatal and Fatal Falls Among Adults Aged ≥65 Years — United States, 2020–2021," MMWR 72(35), September 1, 2023, Table 2. https://www.cdc.gov/mmwr/volumes/72/wr/mm7235a1.htm | Texas fall percentages and fall death rates |
| [2] | TDI-DWC, "2021–2022 Biennial Rates of Texas Work Related Injuries and Illnesses Involving Days Away From Work, Job Transfer or Restrictions," December 2023, Table 7. https://tdi.texas.gov/wc/safety/sis/documents/casedemo2122.pdf | Texas worker slip, trip and fall cases |
| [3] | TDI-DWC, "2024 Census of Fatal Occupational Injuries," April 2026, Table 3. https://www.tdi.texas.gov/WC/safety/sis/documents/2024fatalrpt.pdf | Texas fatal worker falls |
| [4] | National Floor Safety Institute homepage. https://nfsi.org/ | NFSI mission and NFSI's national summaries |
| [5] | CDC, "Facts About Older Adult Falls," reviewed September 8, 2026. https://www.cdc.gov/falls/data-research/facts-stats/index.html | U.S. older-adult emergency visits, hospitalizations, hip fractures, TBI |
| [6] | Ashman JJ, Schappert SM, Santo L, "Emergency Department Visits Among Adults Aged 60 and Over: United States, 2014–2017," NCHS Data Brief 367, June 2020. https://www.cdc.gov/nchs/products/databriefs/db367.htm | Share of emergency visits involving falls, by age |
| [7] | NIOSH, "Preventing Slips, Trips, and Falls in Wholesale and Retail Trade Establishments," Publication 2013-100, October 2012. https://www.cdc.gov/niosh/docs/2013-100/pdfs/2013-100.pdf | Retail and grocery worker fall research |
| [8] | Liberty Mutual, 2025 Workplace Safety Index, July 15, 2025. https://www.libertymutualgroup.com/about-lm/news/articles/us-companies-spend-50.87b-year-top-ten-causes-serious-workplace-injuries-according-2025-liberty-mutual-workplace-safety-index | Workplace same-level fall costs |
| [9] | Haddad YK et al., "Healthcare spending for non-fatal falls among older adults, USA," Injury Prevention 2024;30(4):272–276. https://stacks.cdc.gov/view/cdc/164641 | $80.0 billion older-adult fall spending |
| [10] | Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002). https://www.courtlistener.com/opinion/1377248/wal-mart-stores-inc-v-reece/ | Constructive notice and time |
| [11] | Wal-Mart Stores, Inc. v. Spates, 186 S.W.3d 566 (Tex. 2006) (per curiam). https://search.txcourts.gov/Case.aspx?cn=04-1046&coa=cossup | Constructive notice and proximity |
| [12] | Nicholson v. Wal-Mart Stores Texas, LLC, No. 05-21-00110-CV (Tex. App.—Dallas Sept. 7, 2022) (mem. op.). https://search.txcourts.gov/Case.aspx?cn=05-21-00110-CV&coa=coa05 | Premises liability elements |
| [13] | Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015). https://www.courtlistener.com/opinion/2808159/randy-austin-v-kroger-texas-lp/ | Open and obvious hazards |
| [14] | Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014). https://www.courtlistener.com/opinion/2831412/brookshire-brothers-ltd-v-jerry-aldridge/ | Spoliation of evidence |
| [15] | Tex. Civ. Prac. & Rem. Code § 16.003. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm | Two-year limitations period |
| [16] | Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm | Proportionate responsibility |
| [17] | Author's note: the damages discussion identifies general issues, not categories available in every claim. | Damages caveat |
| [18] | Texas Board of Legal Specialization, certification information. https://www.tbls.org/ | Board certification requirements |
| [19] | The Law Firm of Aaron A. Herbert, P.C., About Our Firm. https://injuryattorneyofdallas.com/about/ | Firm phone, consultation and fee wording |
| [20] | U.S. Census Bureau, Texas State Snapshot, 2022 Economic Census. https://www2.census.gov/programs-surveys/economic-census/vizualizations/2022/2022-texas-snapshot.pdf | Texas sector context |
| [21] | U.S. Census Bureau, 2022 Economic Census, Retail Trade: Summary Statistics, table EC2244BASIC, Texas, NAICS 44-45. https://data.census.gov/table/ECNBASIC2022.EC2244BASIC?g=040XX00US48 | Texas retail establishments and firms |
| [22] | Walmart, Texas location facts (units as of January 19, 2026), https://corporate.walmart.com/about/location-facts/united-states/texas; Walmart Inc., Fiscal 2023 Form 10-K, Item 2 Properties, https://stock.walmart.com/sec-filings/all-sec-filings/content/0000104169-23-000020/wmt-20230131.htm | Walmart Texas store counts |
| [23] | Costco, Texas warehouse directory, https://www.costco.com/sitemaps/warehouses-by-state/TX, and state index, https://www.costco.com/sitemaps/warehouses-by-state | Costco Texas listings |
| [24] | Home Depot, Fiscal 2026 Second Quarter Store Map, quarter ending August 2, 2026. https://ir.homedepot.com/~/media/Files/H/HomeDepot-IR/2026/q2-2026-store-map.pdf | Home Depot Texas stores |
| [25] | Lowe's, Fiscal 2025 Annual Report, Item 2 Properties. https://corporate.lowes.com/sites/lowes-corp/files/2026-04/lowes-2025-annual-report.pdf | Lowe's Texas stores |
| [26] | Kim R et al., "Store-Related Injuries to Children and Adults," Proceedings of the HFES Annual Meeting 2015;59(1):1457–1461. https://journals.sagepub.com/doi/10.1177/1541931215591316 | U.S. in-store injury estimate |
| [27] | NIST/SEMATECH e-Handbook of Statistical Methods, Poisson Distribution. https://www.itl.nist.gov/div898/handbook/eda/section3/eda366j.htm | Poisson model |
| [28] | Walmart Inc., Fiscal 2026 Form 10-K, Notes 1 and 4. https://www.sec.gov/Archives/edgar/data/104169/000010416926000055/wmt-20260131.htm | Walmart self-insurance balance |
| [29] | Costco Wholesale Corporation, Fiscal 2026 Form 10-K, Note 1. https://www.sec.gov/Archives/edgar/data/909832/000090983226000093/cost-20260830.htm | Costco self-insurance balance |
| [30] | Rosas v. Buddies Food Store, 518 S.W.2d 534 (Tex. 1975). https://www.courtlistener.com/opinion/1714991/rosas-v-buddies-food-store/ | Invitee definition |
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
