Hurt in a fall in El Paso: stores, sidewalks, city property and finding a slip and fall lawyer

Last checked November 8, 2026

After a fall in El Paso, report it to the manager and take photos before anything is cleaned up. You generally have 2 years to sue over a fall in Texas.1 If you fell on City of El Paso property, a sworn notice is due to the Mayor in 90 days, or 6 months for good cause.23

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Road map of El Paso with Downtown marked, for working out who controlled the place where you fell
Fell on city property in El Paso? Sworn notice due in 90 days. Map data © OpenStreetMap contributors.

Who is responsible for a fall in El Paso?

It depends on who controlled the place you fell. A store, apartment owner, restaurant or landlord is a private claim. A city park, the airport, a bus stop or a city building can be a government claim with a short notice deadline.

Where you fellWhat to knowDeadline to watch
Store, restaurant or other private businessA private claim against whoever ran the place2 years to sue1
City building, park or streetThe city owes you less care than a store owes a customer, unless you paid to use the place4Sworn notice in 90 days, or 6 months for good cause2
Airport terminalThe airport is a department of the City of El Paso5Same 90-day city notice2
Sun Metro bus or transit centerSun Metro is a city department6Same 90-day city notice2
County or state buildingA different public bodySix months for notice7

What should I do right after a fall in El Paso?

  1. Tell the manager or staff, and ask for a written incident report and a copy.
  2. Take photos of the floor, stairs or pavement, your shoes, and any warning sign, before it gets cleaned or fixed.
  3. Get names and phone numbers of witnesses. Ask if a camera covered the spot, and ask them to save the video.
  4. See a doctor soon. University Medical Center is at (915) 544-1200.8 Keep every bill.
  5. Save your receipt or anything that shows why you were there. An owner owes a trespasser much less.9
  6. Do not sign forms or give a recorded statement until you understand your injuries.

Who fixes a broken sidewalk in El Paso, and can I claim if I tripped?

We could not find a public El Paso city code section that says who must repair a sidewalk in front of a private home or business, so ask a lawyer to check it for your block. Here is what the city does say.

  • Owners must keep branches and shrubs trimmed to leave at least eight feet of clearance over the sidewalk.10
  • Tree limbs or shrubs blocking a sidewalk should be reported to 311.11
  • Potholes, cracks or other damage on a city street can be reported online or through 311.12
  • A broken city street light can be reported to El Paso Electric at (915) 543-5970 or through 311.13

A 311 request can do double duty. It tells the city about the hazard, and your confirmation is a record of when you raised it. Sidewalk obstruction is one of the requests 311 gets most often.14 The phone line runs Sunday to Thursday 7 a.m. to 11 p.m. and Friday and Saturday 7 a.m. to 2 a.m.15

How do I file a claim if I fell on City of El Paso property?

  1. Count 90 days from the day you were hurt. The 6-month option needs good cause.2
  2. Write down the date, time, place, how you were hurt, witnesses and your doctors.16
  3. Swear to it, or have someone you authorized swear to it.3
  4. Deliver it to the Mayor's office by mail at P.O. Box 1890, 79950, or by email.17
  5. Include your medical bills and a doctor's narrative, if you have them.18

A suit against the city also has to wait until the claim has been before the Council.19 Do not assume your claim is alive because you told an employee what happened. Notice rules like this one generally need to be followed exactly.

Falls on land opened for recreation can be harder. Owners who let people use land for fun often owe only what they owe a trespasser, with some exceptions.20

I fell at my apartment or a restaurant in El Paso. Who do I report it to?

Report it to the landlord or manager in writing. If you believe the place is unsafe, the city's Code Enforcement Department covers food inspections and property maintenance.21 Tenant complaints are also among the top 311 requests.14 An inspection record can help show the problem existed, and it may protect the next person too.

Your own share of blame counts. If you are more than 50% at fault, you cannot recover money in Texas.22 Insurers often say a hazard was easy to see, so explain why you did not see it, such as dim light or a crowded aisle.

What should I ask a slip and fall lawyer in El Paso?

  • Who owned or controlled the exact spot where I fell?
  • Does a government notice apply, and when does it run out?
  • How will you get the store's video before it is deleted?
  • What will you need to show about how long the hazard was there?

Questions

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

Generally 2 years.1 A fall on city property needs a sworn notice in 90 days, or 6 months for good cause.2

Can I sue if I fell at El Paso International Airport?

The airport is a city department.5 A sworn notice is due within 90 days, or 6 months for good cause.23

Who do I call about a dangerous sidewalk in El Paso?

Call 311. Blocked sidewalks and street damage are reported there.1112

Do I lose my case if I was partly at fault?

Not unless you were more than 50% at fault.22 Your share comes off your award.23

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El Paso

Slip and fall

Texas

Sources

  1. 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.”
  2. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  3. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  4. 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.”
  5. El Paso International Airport, Employment, checked 2026-11-08. “The El Paso International Airport is a department of the City of El Paso”
  6. Sun Metro Suspension of Service Policy, checked 2026-11-08. “the City of El Paso's Mass Transit Department (Sun Metro)”
  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. University Medical Center of El Paso, checked 2026-11-08. “Main Number: (915) 544-1200”
  9. 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.”
  10. City of El Paso, Code Enforcement, checked 2026-11-08. “there is at least eight feet of clearance between their overhang and the sidewalk”
  11. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “Reports of tree limbs or shrubs blocking a sidewalk should be reported by calling 3-1-1.”
  12. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “If you spot a pothole, cracks, or other damage on any city street surface, you may report it online or by calling us at 3-1-1.”
  13. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “may be reported to the El Paso Electric Company at (915) 543-5970”
  14. City of El Paso, 311, checked 2026-11-08. “Sidewalk Obstruction”
  15. City of El Paso, 311, checked 2026-11-08. “Sunday - Thursday 7:00 am to 11:00 pm Friday - Saturday 7:00 am to 2:00 am”
  16. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “the name of the doctors, if any, to whose care the injured person is committed”
  17. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “Office of the Mayor P.O. Box 1890 El Paso, Texas, 79950”
  18. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “Accident report, if available, Photocopy of Certificate of Title of damaged vehicle, Photocopy of medical bills, if any, and Doctor’s narrative”
  19. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “no suit shall be instituted against the City unless the claimant shall aver and prove that, previous to filing the original petition, the claim was presented to the Council”
  20. 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;”
  21. City of El Paso, Code Enforcement, checked 2026-11-08. “Food (Health) Inspections”
  22. 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.”
  23. 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”

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