Slip and fall in McAllen: store falls, city sidewalks and finding a slip and fall lawyer

Last checked November 8, 2026

If you fell on City of McAllen property, the city must get notice within six months at most, and a city rule can set less.1 File with Risk Management at (956) 681-1410.2 We could not confirm a shorter McAllen deadline, so ask the city. Falls on private property generally have a 2-year limit.3

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Road map of McAllen with city streets and sidewalks shown, where a fall on public property needs notice to the city
A fall on McAllen city property needs notice in 6 months or less. Map data © OpenStreetMap contributors.

What should you do after a slip and fall in McAllen?

  1. Tell the manager or owner before you leave, and ask for a written incident report. Ask for a copy, or take a photo of it.
  2. Photograph what made you fall from a few angles: the wet floor, the broken step, the cracked sidewalk. Include your shoes and anything showing how long it was there.
  3. Get names and numbers of anyone who saw it, including employees.
  4. Ask the store to keep its camera footage. Put that in writing the same day.
  5. See a doctor, even for a hip, wrist or back that seems sore at first. DHR's medical records office is at 956-362-3448 when you need your chart.4

Who is responsible for a broken sidewalk in McAllen?

It depends, and that is what makes sidewalk falls hard here. McAllen Public Works says its Sidewalk Department maintains existing sidewalks and ramps throughout the city.5 City code also lets the commission order sidewalk work and charge the cost to the abutting property and its owner.6 So a homeowner or business next to the broken slab may be involved in the repair bill, but that does not settle who owes you for your injury.

Before you decide who to claim against, find out who built or last repaired that stretch. City code requires a permit to build or repair a sidewalk, so the city may have records.7 A lawyer, or a records request to the city, can help you find that.

If the danger is still there, report it to McAllen 311 by dialing 3-1-1 inside the city limits, so no one else gets hurt.8 A 311 request is not the same as filing an injury claim, so do not count on it as your notice.

How do I file a fall claim with the City of McAllen?

Use the city's online claim form and pick Personal Injury.9 If you are more comfortable in Spanish, use Aviso de Reclamo and pick Lesiones Personales.10 The form asks you to describe in your own words where, when and how the injury happened.11 Be exact about the place. 'In front of the store on Nolana' is not as useful as an address and a photo.

You can also go in person to Risk Management, 1300 Houston Ave., City Hall, 1st Floor, McAllen 78501.2 Keep a copy of whatever you send and the date you sent it. If the fall involved a police response, include that case number.12

Where you fellDeadlineWho to contact
Store, restaurant, apartment or other private placeGenerally 2 years to sue3The owner or manager, then their insurer
City property or a city sidewalkNotice within six months under state law, unless a city rule sets less1McAllen Risk Management2
Another public agency, such as a school district or the countyThe same state notice rule applies13That agency's own office

We read the charter the city posts online and saw no shorter claim deadline, but we could not confirm that no other city rule sets one. Ask the city before you rely on six months.

Is it harder to win a fall claim against the city in McAllen?

Usually, yes. For a dangerous condition on government property, the agency owes you less care than a store owes a customer, unless you paid to use the property.14 That means a claim against the city for a broken sidewalk is often harder than a claim against a grocery store for a spill.

The city's Streets Maintenance Department looks after 824 centerline miles of streets,15 so it matters whether anyone had told the city about the problem. If you know neighbors who reported it, or you can find an old 311 request, save that.

What if I fell at a store or apartment in McAllen?

You will usually have to show the owner knew or should have known about the danger and did not fix it or warn you. A spill that just happened is harder than one that sat there for an hour, which is why video matters so much. Different rules apply in other settings:

  • If you were let onto land for recreation, the law often limits the owner's duty to what is owed a trespasser, with some exceptions.16 This can matter at parks and trails.
  • If you had no permission to be there, the owner only had to avoid hurting you on purpose, recklessly or through gross negligence.17
  • If you are more than 50 percent at fault for your fall, you cannot recover money in Texas.18

When should you call a slip and fall lawyer in McAllen?

Falls can be serious, especially for older adults. South Texas Health System McAllen is a Level I Trauma Center,19 and a broken hip or head injury calls for quick care. Consider a lawyer if:

  • You broke a bone, needed surgery or hit your head.
  • The fall was on city, county or school property, because notice can run out fast.
  • The store will not give you its report or its video.
  • The owner's insurer says you were not looking where you were going.

For a small claim, a Texas justice court can hear cases up to $20,000.20

Questions

How long do I have to file a slip and fall claim in McAllen?

Generally 2 years to sue.3 On government property, the agency must get notice within six months at most.1

Is there a shorter notice deadline for the City of McAllen?

We could not confirm one. Ask Risk Management at (956) 681-1410.2

Can I report a broken sidewalk in McAllen?

Yes. Dial 3-1-1 inside city limits.8 It is not the same as filing a claim.

Can I file the claim in Spanish?

Yes. The city's Spanish form is called Aviso de Reclamo.10

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McAllen

Slip and fall

Texas

Sources

  1. 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.”
  2. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  3. 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.”
  4. DHR Health, Medical Records, checked 2026-11-08. “you can reach us at 956-362-3448”
  5. McAllen Public Works, Streets & Drainage, checked 2026-11-08. “maintains existing sidewalks, ramps and infrastructure repairs throughout the city”
  6. City of McAllen Code, Ch. 94, Art. III, Improvements, checked 2026-11-08. “The city shall have the power to assess the whole cost of such dedicated street, sidewalk, curb or gutter, or part of same, against the property abutting or fronting thereon, and against the owner thereof.”
  7. City of McAllen Code, Ch. 94, Art. III, Improvements, checked 2026-11-08. “No person shall construct, reconstruct, repair or otherwise improve any sidewalk, curb, gutter or any street paving within the city without first obtaining from the city building official a permit to do so.”
  8. City of McAllen, McAllen 311, checked 2026-11-08. “by dialing 3-1-1 on their mobile or land line while within city limits”
  9. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Property Damage Personal Injury”
  10. City of McAllen Risk Management, Aviso de Reclamo, checked 2026-11-08. “Daños a la Propiedad .. Lesiones Personales”
  11. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “describe in your own words where , when , and how the damage or injury occurred”
  12. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “INCLUDE A POLICE CASE NUMBER, IF KNOWN”
  13. 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”
  14. 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.”
  15. McAllen Public Works, Streets & Drainage, checked 2026-11-08. “The Streets Maintenance Department maintains 824 centerline miles of streets”
  16. 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;”
  17. 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.”
  18. 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.”
  19. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  20. Texas Rules of Civil Procedure, Part V, as posted by Hidalgo County, checked 2026-11-08. “A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000”

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