Texas Burlington injury lawyer: a knowledge hub for Burlington store injuries

Does a fall at Burlington make the store liable?

No. The evidence has to show a dangerous condition, that the responsible business knew or should have known about it, and that it failed to act reasonably. [S5, S6]

Who might be responsible?

It depends on the spot. The company operating the store, a shopping-center owner, a cleaning or repair contractor, a fixture vendor, or a driver may each control different things.

Is there a Burlington video-retention period I can rely on?

We found no public one, so ask for preservation quickly.

How long do I have to sue?

Texas generally allows two years for a personal-injury lawsuit, with exceptions. [S12] Have the date checked early.

What should I do this week?

Get care, report the incident, keep your photos and records, and ask a lawyer what still needs to be preserved.

Aaron Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

You can check it on his State Bar of Texas profile, which also lists Bar number 24036761. [S1]

Texas license dated November 6, 2002.

It's shown on the same State Bar profile. [S1]

What it doesn't mean

It isn't a certification in Burlington claims, and it doesn't predict how your case turns out.

Independence

The Law Firm of Aaron A. Herbert, P.C. is not affiliated with or endorsed by Burlington Stores, Inc.

Control

The defendant ran or maintained the exact spot

The store controls the aisle; the landlord may control the parking lot.

Unreasonable danger

The condition posed a real risk under the circumstances

A hanger lying in the main walkway, not one tucked under a rack.

Knowledge

The business knew, or the hazard was there long enough that it should have known

A shopper told a cashier about the hanger at 3:40 p.m. and the fall happened at 4:05.

Failure to act

No reasonable step was taken to remove or warn

Nobody picked it up or blocked the spot.

Causation and harm

The condition caused the injury shown in the medical records

The ER record describes a right-ankle fracture after a trip.

Something left on the floor or a broken fixture

A premises-condition claim with a notice requirement. [S7, S8]

An employee pushing a rolling rack into you at that moment

A possible negligent-activity claim. [S7]

A driver backing into you in the lot

A driver-negligence claim, sometimes with a property claim beside it.

How to file and litigate a Texas Burlington injury claim

The full process, from investigation through trial.

Get safe

Move away from unstable merchandise, moving carts, or parking-lot traffic.

Sit down on the fitting-room bench and wait for help instead of walking on a hurt ankle.

Get care

Tell the clinician how it happened and what hurts.

"I tripped on a hanger in the women's aisle and landed on my left wrist."

Report it

Tell the manager, and ask for a copy of the report or the manager's name.

Manager K. Lopez, report taken at 6:10 p.m.

Photograph it

Take a wide shot of the aisle and a close shot of the hazard, if you can do it safely.

One photo showing the rack and aisle sign, one showing the hanger by your shoe.

Keep things as they are

Receipt, shoes, clothing, original photo files, and messages.

Put the shoes in a bag without cleaning them.

Stick to what you saw

If you don't know how long it was there, say so.

"I saw the hanger after I fell," not "it was there all morning."

What to do in the first 72 hours after a Burlington injury

Care, reporting, witnesses, and evidence, step by step.

Preserving Burlington video and injury evidence

Footage, records, and physical items to protect early.

Apparel aisles

Hangers, garments, tags, or shoe boxes on the floor, and whether anyone reported them.

Racks and displays

Rack bases sticking into the walkway, rolling racks moved during stocking, overloaded shelves.

Fitting rooms

Benches or chairs that broke, doors, hooks, mirrors, and discarded clothes at the doorway.

Entrances

Curled or shifting mats, rainwater tracked in, wet-floor signs and where they stood.

Overhead

Merchandise stacked high, fixtures, ceiling tiles, and recent repair work.

Parking lot and sidewalk

Potholes, wheel stops, exposed anchors, drainage, lighting, and moving cars.

Your photo

Where the item lay and how it looked

It may have been taken after someone moved it.

A witness

That the item was there earlier, or who moved it

Memory of time is often an estimate.

Store video

Movement, stocking, or cleanup

A distant camera may not show a small hanger.

Wal-Mart Stores, Inc. v. Reece [S6]

An employee being near a hazard isn't enough without evidence of how long it was there.

H-E-B, LP v. Peterson (Tex. Apr. 10, 2026) [S5]

Earlier roof leaks elsewhere in the store and the store's rain-inspection routine didn't show how long the puddle had been on the floor, so summary judgment for the grocer was reinstated.

An earlier witness

A shopper saw the same hanger in the walkway twenty minutes before your fall.

Video

The camera shows the rack being restocked at 2:15 and the fall at 2:40.

A report

A customer told an employee about a spill near the entrance before you arrived.

The company operating the store

Controls the sales floor, staffing, cleanup, and inspections.

Shopping-center owner or manager

Maintains the shared parking lot and sidewalks under the lease.

Paving or repair contractor

Left an exposed anchor after resurfacing the lot. [S21]

Fixture or display vendor

Installed a shelf that later pulled loose.

Cleaning company

Mopped the entrance without putting out a sign.

A driver

Backed out of a space without looking.

Which company actually operated this store on that date?

Suing the wrong entity can waste time before the deadline.

Who controlled the exact spot where I fell?

The store and the landlord may control different areas.

Could more than one party share fault?

Texas assigns percentages of responsibility, and a claimant over 50 percent responsible recovers nothing. [S14]

A wet-floor sign stood right at the spot

It may count as an adequate warning, depending on placement and visibility.

The sign was across the store

It may not warn about the place you actually walked.

A cone appeared after you fell

It doesn't show a warning before the fall.

You saw the hazard and had no other way through

Texas recognizes a narrow necessary-use exception. [S9]

The whole area, including any sign

It shows where the warning stood compared with the hazard.

Other routes, if any

It helps answer whether you had to use that path.

Medical expenses

ER bill, orthopedic visits, therapy invoices, and what was actually paid. [S15]

Lost earnings

Pay stubs and a note from your employer about eight missed shifts.

Future care or lost earning capacity

A doctor's written opinion on future treatment or work limits.

Pain, mental anguish, and physical impairment

A short journal: "Couldn't lift my grandson for six weeks."

What does the release cover?

It may end claims against other companies too.

What will I actually receive?

Liens and expenses change the net amount.

Burlington's Texas store page [S2]

163 stores in Texas

As viewed October 31, 2026.

Burlington Stores, Inc. Form 10-K [S3]

147 Texas stores, out of 1,212 stores in 46 states, D.C., and Puerto Rico

As of January 31, 2026.

ScrapeHero location report [S4]

156 Texas locations

As of May 11, 2026.

An annual count of Texas Burlington customer injuries

No public source.

A typical Burlington settlement amount

No reliable public figure.

A per-store liability insurance limit

Not public. The 10-K says the company is primarily self-insured and pays individual claims up to designated dollar limits under agreements with its insurers. [S3]

Insurance reserves

$111.038 million at January 31, 2026, across workers' compensation, general liability, and health programs combined. [S3] That's an accounting figure, not a policy limit or money set aside for any customer.

The two-year rule

It has exceptions, so have the date checked early. [S12]

Injured children

The deadline is generally paused while the injured person is under 18, but related claims may be treated differently. [S12]

Construction or design defects

Separate repose periods and filing requirements can apply. [S12, S22]

Summary judgment

For motions filed on or after March 1, 2026, the response is due within 21 days after filing, unless the court or the parties agree otherwise. [S13]

Filing and service

The right company is sued and served on time.

Discovery

Records, video, inspections, and depositions.

Mediation or trial

The case may settle at mediation or go to a jury.

Can Burlington be liable if another customer dropped the hanger?

Possibly, if the store knew about it or it was there long enough to find. [S5, S6]

Can I bring a claim without surveillance video?

Possibly. Witnesses, photos, and records can prove the facts, and missing video doesn't automatically prove negligence. [S11]

Can the store and the landlord both be responsible?

Yes, if each controlled part of what went wrong.

Do I have to accept the first offer?

No. Look at the release, the medical outlook, and what you'd actually receive.

Does an apology or incident report prove fault?

Not by itself, but keep the exact words.

What if my child was hurt?

Tell the lawyer the child's age; deadlines and settlement approval can work differently for minors. [S12, S17]

What if I already gave a recorded statement?

Give your lawyer the date, the adjuster's name, and the claim number.

How to file and litigate a Texas Burlington injury claim

The full legal process, from evidence through trial.

What to do in the first 72 hours after a Burlington injury

Care, reporting, and evidence right after the injury.

Preserving Burlington video and injury evidence

Footage, records, and physical items.

Proving notice in a Texas Burlington injury claim

Actual and constructive notice.

Burlington hanger, clothing, and merchandise trips

Items on the floor.

Burlington rack, display, and shopping route injuries

Rack placement and stability.

Burlington wet floor, entrance mat, and rain injuries

Entrances and spills.

Burlington falling merchandise and fixture injuries

Stacking, shelves, and fixtures.

Burlington fitting room, seating, and door injuries

Fitting-room hazards.

Burlington parking lot and sidewalk injuries

Exterior routes and shared control.

Burlington employees, vendors, and negligent activity

Activity versus condition claims.

Burlington warnings, known dangers, and shared fault

Warnings and comparative fault.

Texas Burlington injury settlement value and medical proof

How claims are valued.

Burlington injury data and liability insurance limits

What public data can and can't show.

Texas Burlington injury lawsuits, discovery, and trial

The litigation stages.

Choosing a Texas Burlington injury attorney

Questions to ask before hiring.

Store and date

Burlington on a named street, Saturday around 2:30 p.m.

What happened

"I tripped on a hanger near the shoe department."

Your injury and care

ER visit the same day, follow-up with an orthopedist.

What you already have

Two photos, the receipt, and a witness's phone number.

Any letters or offers

An adjuster's email asking for a recorded statement.

Dallas premises liability lawyer

Property-injury claims in Dallas.

Fort Worth premises liability lawyer

Property-injury claims in Fort Worth.

Other Texas retail store injury guides

Ross, Target, Home Depot, Kroger, and Costco.

S1

State Bar of Texas, Aaron Alan Herbert profile.

S2

Burlington, Texas store locator (burlington.com/stores/tx), as viewed October 31, 2026.

S3

Burlington Stores, Inc., Form 10-K for the fiscal year ended January 31, 2026.

S4

ScrapeHero, Burlington locations report, May 11, 2026.

S5

H-E-B, LP v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026).

S6

Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002).

S7

Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992).

S8

United Scaffolding, Inc. v. Levine, 537 S.W.3d 463 (Tex. 2017).

S9

Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015).

S11

Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014).

S12

Texas Civil Practice and Remedies Code chapter 16.

S13

Supreme Court of Texas, Misc. Docket No. 26-9012 (Rule 166a).

S14

Texas Civil Practice and Remedies Code chapter 33.

S15

Texas Civil Practice and Remedies Code section 41.0105.

S17

Texas Rules of Civil Procedure.

S21

Strakos v. Gehring, 360 S.W.2d 787 (Tex. 1962).

S22

Texas Civil Practice and Remedies Code chapter 150.