The Home Depot Slip and Fall and Falling Merchandise Injuries in Texas

What to do after a fall at The Home Depot

• Report the fall to a manager before you leave and ask for the incident report number.
• Photograph what you fell on, the area, any warning sign (or the lack of one) and your shoes and injuries.
• Get names and phone numbers of witnesses.
• Get medical care the same day and keep every record.
• Do not give a recorded statement to the store’s insurance company or sign anything before talking to a lawyer.
• Call a lawyer quickly so the store is asked in writing to keep the video.

What you have to prove in Texas

A Texas store customer hurt by a condition in the store must prove the store knew or should have known of the condition, that it posed an unreasonable risk of harm, that the store did not use reasonable care to reduce or eliminate the risk, and that this caused the injury (Keetch v. Kroger Co., 845 S.W.2d 262, 264 (Tex. 1992)). Knowledge can be shown by evidence that the store put the substance on the floor, that it actually knew, or that the hazard was there long enough to give the store a reasonable opportunity to discover it (Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 814 (Tex. 2002)).

Texas requires proof of how long the hazard was there, the “time-notice rule” (Reece, at 816). In April 2026 the Texas Supreme Court held that two hours without an employee in the aisle and the size of a puddle were no evidence of how long it had been there (H-E-B, LP v. Peterson, No. 24-0310). That is why, in Texas, the store’s own video and time-stamped records often decide the case, and why they have to be requested quickly.

How long you have

Generally two years from the fall to file a lawsuit (Civil Practice and Remedies Code 16.003). If you are found more than 50% responsible you recover nothing; at 50% or less, your recovery is reduced by your percentage (CPRC 33.001 and 33.012).

The evidence that disappears first

• Surveillance video of the aisle, the entrance or the parking lot, from before and after the fall.
• The incident report the manager filled out and any photos employees took.
• Floor inspection, “safety sweep” or “safety walk” records for that area and that day.
• Spill and cleanup records, and the name of the employee responsible for the area.
• For falling merchandise: how the product was stacked, the shelf height, and any stocking or overhead-storage policy.
• Names of employees and other customers who saw it.

How a store injury case works

1. Free review. We listen, look at your photos and the incident report number, and tell you whether there is a case.
2. Preservation. A written demand goes to the store and its insurer to keep the video, the incident report, the sweep or safety-walk logs and the names of employees on duty.
3. Medical care and records. We collect your records and bills; the amount and type of care drive the value of the claim.
4. The claim. Large retailers handle injury claims through their own claims staff or a claims administrator. Many cases resolve at this stage.
5. The lawsuit. If the claim does not resolve, we file. Expect the company to try to move the case to federal court, and expect a fight over where it belongs.
6. Discovery. We get the store’s written safety, inspection and stocking policies and question its person most knowledgeable about them under oath, then compare what the policy required with what happened that day.
7. Mediation or trial. Most cases settle; the ones that don’t are tried to a jury.

What you can recover

You can recover your medical bills (past and future), lost earnings and lost ability to earn, and compensation for pain, physical limits and loss of enjoyment of life. Common injuries in store falls include broken wrists and hips, knee and shoulder tears, back and neck injuries and head injuries; older shoppers are often hurt worse by the same fall.

Texas has no general cap on compensatory damages against a private store. Exemplary (punitive) damages require clear and convincing evidence of fraud, malice or gross negligence and are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000 (CPRC 41.003, 41.008).

Falls in the parking lot or on the sidewalk

Falls in the parking lot or on the sidewalk outside are handled differently. The store may not control the lot: a shopping-center landlord or a property manager often does, and a city or county may own the sidewalk, which brings shorter claim deadlines for a public entity. Photograph the spot and note the exact location so the right owner can be identified.

Real store-injury cases from Texas

These are other people’s cases, taken from public federal court records, not Beverly Law cases. The descriptions are the shoppers’ allegations and what the courts decided; an allegation is not proof.

What these cases show:

• Texas courts throw out cases over small, ordinary defects, like a parking-lot bump under an inch.
• Suing a store employee to stay in state court only works if the employee owed a duty of their own.
• Deadlines are enforced: the store will raise the two-year limit, so a case should be filed and served well before it runs.

Why your case may end up in federal court

The Home Depot, Inc. is incorporated in Delaware with its principal executive offices in Atlanta, Georgia, according to its annual report. Because the company is not a citizen of Texas, it can move an injury case from state court to federal court when the case is worth more than $75,000 (28 U.S.C. 1332; 28 U.S.C. 1441). CourtListener’s free federal docket archive shows at least 122 personal-injury lawsuits against The Home Depot companies in Texas federal courts from January 2021 through October 2026, and at least 30% of them list removal from state court (CourtListener). Most of those we read were customer falls and falling-merchandise injuries.

The company has 30 days after formal service of the complaint to remove the case (28 U.S.C. 1446(b); Murphy Bros. v. Michetti Pipe Stringing, 526 U.S. 344 (1999)), and a case can be sent back to state court on a timely motion or when the federal court lacks jurisdiction (28 U.S.C. 1447(c)). If, after removal, a plaintiff asks to add a local defendant such as a store manager, the court may deny it or allow it and send the case back (28 U.S.C. 1447(e)). Where and how the case is filed is a decision to make with a lawyer before the complaint goes out.

Find your store

City pages with every big-box store in town: Abilene · Allen · Amarillo · Arlington · Austin · Bastrop · Baytown · Beaumont · Bee Cave · Brenham · Brownsville · Burleson · Carrollton · Cedar Hill · Cedar Park · Celina · Cleburne · College Station · Conroe · Corpus Christi · Cypress · Dallas · Denton · El Paso · Euless · Flower Mound · Forney · Fort Worth · Frisco · Galveston · Garland · Georgetown · Granbury · Grand Prairie · Greenville · Harlingen · Houston · Humble · Huntsville · Irving · Katy · Keller · Kerrville · Killeen · Kyle · Lake Jackson · Lake Worth · Laredo · League City · Lewisville · Longview · Lubbock · Lufkin · Magnolia · Mansfield · Marble Falls · Mcallen · Mckinney · Mesquite · Midland

Texas matters at Beverly Law are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Lawyer responsible for this page: Joyce Ondich and John Efstathiou, Texas-licensed attorneys, principal office 4929 Wilshire Blvd., Suite 960, Los Angeles, California.

Who handles your case

He earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. The firm handles premises cases against national retailers in state and federal court.

Common questions

Related pages

Walmart Texas · Target Texas · Lowe’s Texas · The Home Depot California · The Home Depot Washington · Texas

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Beverly Law is not affiliated with Walmart, Target, The Home Depot or Lowe’s; store names are used only to identify where an injury happened. Store locations come from each retailer’s online store directory (Target, The Home Depot, Lowe’s) and from OpenStreetMap (Walmart, © OpenStreetMap contributors, ODbL), checked November 2026; confirm a store’s address with the retailer. Federal court counts are a floor from CourtListener’s RECAP archive, which does not hold every docket. Last reviewed: November 3, 2026.