Slip and fall in Austin: who is responsible and when to call a slip and fall attorney

Last checked November 8, 2026

If you fell on a broken City of Austin sidewalk or at a city pool or the airport, the city says your claim letter is due within 45 days.1 A fall in a store or apartment complex generally gives you 2 years to sue.2 Where you fell decides nearly everything else.

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Road map of downtown Austin streets, where the city says it is responsible for repairs to sidewalks in select rights-of-way
Fell on a City of Austin sidewalk? Claim letter due in 45 days. Map data © OpenStreetMap contributors.

Who is responsible for a fall on an Austin sidewalk?

Often the city, not the neighbor. Austin says it is responsible for repairs and maintenance in select rights-of-way, including sidewalks and multi-use trails.3 A city presentation also notes that code changes in 1995 ended landowner responsibility for sidewalks.4 That can come as a surprise if you were planning to call the homeowner.

The neighbor is not always off the hook. Property owners must clear obstructions in the right-of-way, such as overgrown plants.5 The city also lists electric scooters, basketball goals, parked vehicles and mailboxes as common blockers.6 If you tripped over something placed there, note who put it there and take a picture of it from a few angles.

How fast do you have to act after a fall on Austin city property?

Fast. The law gives a government six months' notice at most, and cities may require it sooner.7 Austin does. Its claim page and City Attorney's page both say 45 days.18 Its charter says that missing the deadline excuses the city from any liability.9

  1. Write the date, time and exact place, what happened and your injury.10
  2. Include supporting papers, your address and your daytime phone.10
  3. Have it notarized. A May 2026 city document says the charter requires an affidavit.11
  4. Send it to [email protected] or the Law Department - Claims, P.O. Box 1546.1213
  5. Report the hazard to 3-1-1 too, and keep the request number.14

City staff proposed lengthening this to 180 days, yet the city's page still says 45.15 Plan around the shorter number.

What rules apply where you fell in Austin?

Where you fellWhat usually applies
Store, restaurant or apartment complexLawsuit within 2 years2
City sidewalk or multi-use trail45-day city letter,1 and the city owes less care than a store owes a customer16
City pool you paid to enterThe lower duty may not apply if you paid to use the property16
Airport terminal or pickup areaOwned by the City of Austin, so plan on 45 days171
Land opened for recreationOwner's duty is often limited18
Where you were trespassingOwner only had to avoid harming you on purpose or through recklessness or gross negligence19

What about a fall at Barton Springs or a city pool?

Paying can change your legal position. Texas law lowers what a government owes you for a dangerous condition, unless you paid to use the property.16 Austin generally charges entry at regional pools, including Barton Springs and Deep Eddy, from spring break through October.20 So keep your ticket or your card receipt.

Barton Springs also posts early morning hours as swim at your own risk.21 A sign like that does not settle a legal claim by itself. Still, note the time and whether a lifeguard was on duty, and treat the city's 45-day rule as yours.

What should you do after a slip and fall at an Austin business?

  • Tell a manager and ask for an incident report. Get a copy, or at least a name.
  • Photograph the floor, the spill and any wet floor sign, or the lack of one.
  • Ask that the store save its camera footage from that day.
  • Get checked out. St. David's South Austin is a Level II trauma center, and Dell Seton is Level I.2223
  • Request your records later. Ascension Seton takes requests by mail or in person.24

Fault gets split in Texas. If you are found more than 50 percent responsible for your fall, you cannot recover.25 Expect the insurer to bring up your shoes, your phone and whether the hazard was obvious. Hold off on any recorded statement until you know what you are dealing with.

What if you fell on Travis County or CapMetro property?

We did not find a published shorter deadline for either one, so plan around the state's six-month notice and do not wait for it.26 Travis County's Risk Management claims line is (512) 854-9659.27 For a fall on a bus or at a stop, the GO Line is 512-474-1200,28 and CapMetro's police take non-emergency reports at 8200 Cameron Rd.29

What can a slip and fall attorney in Austin tell you first?

Start with these: who owns the place, whether the hazard was there long enough that someone should have fixed it, and which court fits your claim. Travis County justice courts hear claims up to $20,000, and county courts at law mainly hear cases from $500 to $250,000.3031 Ask whether a 45-day letter should go out this week.

Questions

How long do I have to sue after a fall in Austin?

Generally two years.2 On City of Austin property, a claim letter is due within 45 days first, the city says.1

Can I sue the homeowner when I trip on a sidewalk in Austin?

Maybe not. Austin says it handles repairs on select sidewalks,3 and a city document says 1995 code changes ended landowner responsibility for sidewalks.4

Does it matter that I paid to get into a city pool?

It can. The lower duty for government property may not apply if you paid to use it.16

How do I report a broken sidewalk in Austin?

Use Austin 3-1-1 online, on the app or by phone.14

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Sources

  1. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(a), checked 2026-11-08. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”
  3. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “The City is responsible for repairs and maintenance in select rights-of-way, including public roads, alleys, sidewalks, multi-use trails, and public trees.”
  4. City of Austin, Sidewalks and Urban Trails Updates, checked 2026-11-08. “1995 Code Changes Eliminate landowner responsibility for sidewalks”
  5. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “Property owners are responsible for clearing obstructions in the right-of-way.”
  6. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “Objects and structures that often block the right-of-way include, but are not limited to, electric scooters, basketball goals, parked vehicles, and mailboxes.”
  7. Tex. Civ. Prac. & Rem. Code § 101.101(a), checked 2026-11-08. “A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”
  8. Austin City Attorney's Office, checked 2026-11-08. “you must send a letter within 45 days from the date of incident”
  9. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  10. City of Austin, File a Claim, checked 2026-11-08. “Date, time and location of the incident Description of what occurred Type of damage(s) or injury”
  11. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  12. City of Austin, File a Claim, checked 2026-11-08. “Email [email protected]”
  13. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  14. City of Austin, Request sidewalk or street repair, checked 2026-11-08. “You can contact Austin 3-1-1 online, with the app, or by phone to request repairs.”
  15. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “staff proposes aligning the claim notice deadline with the 180-day deadline required under the Texas Tort Claims Act”
  16. Tex. Civ. Prac. & Rem. Code § 101.022(a), checked 2026-11-08. “if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.”
  17. Austin-Bergstrom International Airport, About AUS, checked 2026-11-08. “Owned and operated by the City of Austin, Austin-Bergstrom International Airport”
  18. Tex. Civ. Prac. & Rem. Code § 75.002(c), checked 2026-11-08. “If an owner, lessee, or occupant of real property other than agricultural land gives permission to another to enter the premises for recreation, the owner, lessee, or occupant, by giving the permission, does not: (1) assure that the premises are safe for that purpose; (2) owe to the person to whom permission is granted a greater degree of care than is owed to a trespasser on the premises;”
  19. Tex. Civ. Prac. & Rem. Code § 75.007(b), checked 2026-11-08. “An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.”
  20. Austin Parks and Recreation, Pool Fees and Rentals, checked 2026-11-08. “Entry fees are generally charged at regional pools, Bartholomew, Barton Springs, Deep Eddy, Garrison, Northwest, and Springwoods”
  21. City of Austin, Visit Barton Springs Pool, checked 2026-11-08. “Swim at your own risk”
  22. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “ST DAVIDS SOUTH AUSTIN MEDICAL CENTER 10/1/2028 O AUSTIN 78704”
  23. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  24. Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
  25. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
  26. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  27. Travis County, Risk Management, checked 2026-11-08. “(512) 854-9659”
  28. CapMetro, Help and Contact, checked 2026-11-08. “Call our GO Line at 512-474-1200”
  29. CapMetro, Transit Police, checked 2026-11-08. “Non-emergency? Call (512) 474-1200, email [email protected] or visit the Austin CapMetro Police Department at 8200 Cameron Rd Ste 186A”
  30. Travis County JP5, Filing a Lawsuit in Justice Court, checked 2026-11-08. “The claim can be for no more than $20,000”
  31. Travis County Clerk, Civil, checked 2026-11-08. “between $500.00 and $250,000.00”

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