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Home / Personal Injury Blog / Texas Slip Trip and Fall Statistics at Walmart, Costco and Other Retail Properties

Texas Slip Trip and Fall Statistics at Walmart, Costco and Other Retail Properties

What Texas fall data does and does not show about Walmart, Costco and other stores, with sourced figures, notice law and evidence steps.

November 2, 2026
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

Wet-floor sign in a store aisle beside a spill

Home  >  Personal Injury Blog  >  Texas Slip Trip and Fall Statistics at Walmart, Costco and Other Retail Properties

Monday, November 2, 2026 | By Aaron A. Herbert
Texas Slip Trip and Fall Statistics at Walmart, Costco and Other Retail Properties
Texas retail injury Knowledge Hubs

See the Walmart injury claims hub and the Costco injury claims hub for notice, evidence and litigation guides.

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.

Printed charts and a notepad of figures on a desk

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
More Texas retail injury resources
  • Walmart injury claims in Texas
  • Texas Costco injury claims and litigation guide
  • Dallas premises liability lawyer
  • Fort Worth premises liability lawyer
  • Fort Worth slip and fall lawyer
  • Fort Worth Walmart injury lawyer
  • Board certification (TBLS) knowledge hub
Aaron A. Herbert

ABOUT THE ATTORNEY

Aaron A. Herbert

Founding Attorney

Board Certified in Personal Injury Trial Law

Texas Board of Legal Specialization · Since 2008

Licensed in Texas since 2002

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
Read Aaron's full biographyVerify Board Certification with TBLS
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

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Aaron Herbert

Our Practice Areas

Personal injury representation.
Explore how we can help.

  • Car Accidents
  • Wrongful Death
  • Motorcycle Accidents
  • Truck Accidents
  • Work Injury
  • Bicycle Accidents
  • Slip & Falls
  • Traumatic Brain Injury
Here when you need answers.

Learn about your options after an injury.

Locations
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Testimonials
I am satisfied
I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

F.M.


I understood the entire process and best course of action
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
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Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

L.F.


I will refer Aaron’s law firm to all the people I know
VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

A.A.


I just want to give a big thanks to this law firm
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
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I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

M.C.


We are very pleased with our payout
Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

D.B.


Happy with my settlement
Happy with my settlement!

A.P.


He has a lifetime referral from me
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
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Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

C.N.


The law firm staff and attorneys were very nice
The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

R.H.


Great experience with this firm, very prompt service
Great experience with this firm, very prompt service.

K.M.


I highly recommend this law firm
Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

C.S.


   
                               
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Aaron Herbert legal resources

Knowledge Hubs

Explore our guides to Texas injury claims and the questions that matter to your case.

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    Browse Knowledge Hubs
    • Store injuries

      Texas Walmart Injury Knowledge Hub

      Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
    • Choosing counsel

      TBLS Certified Personal Injury Knowledge Hub

      Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
    • Truck accident evidence

      Texas Truck Accident Litigation

      Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
    • Damages and settlement

      Texas Injury Claim Value and Litigation

      Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →
    • Motorcycle crashes

      Texas Motorcycle Accident Attorney Knowledge Hub

      Explore guides to crash evidence, injuries, insurance and choosing a motorcycle accident lawyer in Texas.Explore the hub →
    • Car crashes

      Texas Car Accident Knowledge Hub

      Explore guides to crash evidence, fault, injuries, insurance and resolving a car accident claim in Texas.Explore the hub →
    • Warehouse injuries

      Texas Costco Injury Claims and Litigation Guide

      Explore evidence, notice, liability and litigation for Costco injury claims in Texas.Explore the hub →
    • Store injuries

      Target Injury Knowledge Hub

      Explore evidence, notice, video preservation and litigation for Target fall claims in Texas.Explore the hub →
    • Home improvement store injuries

      Home Depot Injury Knowledge Hub

      Explore evidence, notice, video preservation and litigation for Home Depot fall claims in Texas.Explore the hub →
    • Store injuries

      Ross Dress for Less Injury Knowledge Hub

      Explore evidence, notice, video preservation and litigation for Ross fall claims in Texas.Explore the hub →
    • Grocery store injuries

      Kroger Injury Knowledge Hub

      Explore evidence, notice, video preservation and litigation for Kroger fall claims in Texas.Explore the hub →
    • Grocery store injuries

      Tom Thumb and Albertsons Injury Knowledge Hub

      Explore evidence, notice, video preservation and litigation for Tom Thumb and Albertsons fall claims in Texas.Explore the hub →
    • Store injuries

      Texas 7-Eleven Injury Knowledge Hub

      Explore evidence, notice, video preservation and responsibility for 7-Eleven injury claims in Texas.Explore the hub →
    • Store injuries

      Burlington Injury Knowledge Hub

      Explore evidence, notice, video preservation and deadlines for Burlington injury claims in Texas.Explore the hub →
    • Parking lot injuries

      Texas Parking Lot Injury Knowledge Hub

      Who may be responsible, what to do first, how notice and video work, and government-lot deadlines.Explore the hub →
    • Apartment injuries

      Texas Apartment Injury Knowledge Hub

      Who may be liable, how repair notices and deadlines work, and what evidence to save after an apartment injury.Explore the hub →
    • Serious injuries

      Texas Catastrophic Injury and Damages Hub

      Explore guides to severe injuries, lifetime care, lost earning capacity and trial evidence.Explore the hub →
    • Fatal accidents

      Texas Wrongful Death Knowledge Hub

      Understand Texas wrongful death claims, evidence, damages and the litigation process.Explore the hub →
    • Family support

      Wrongful Death and Family Support Center

      Find grief programs, funeral and survivor benefit help, and next steps for Texas families.Visit the center →

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