Slip and fall in Midland: who is responsible and finding a slip and fall lawyer

Last checked November 8, 2026

If you fall at a store or home in Midland, you generally have 2 years to sue.1 A fall on City of Midland property is different: the charter requires written notice within 60 days.2 The city says sidewalk repair belongs to the property owner,3 so find out who owned that spot before you send anything.

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Road map of central Midland showing Loraine Street, where the Midland County Courthouse is found
A fall on City of Midland property needs written notice in 60 days. Map data © OpenStreetMap contributors.

Who is responsible for a fall in Midland?

Start with who owned or ran the place. That one answer sets your deadline, the care you were owed and where your claim goes.

Where you fellWho to look atDeadline to know
Store, restaurant, apartmentOwner or manager2 years to sue1
City park, pool or buildingCity of Midland60-day written notice2
County building, such as the courthouseMidland CountyNotice within six months4
SidewalkCity says repair falls to the property owner3Depends on who owns it

A broken sidewalk is the tricky one. We could not open the city code section on sidewalks, so all we can tell you is what the Street & Alley Maintenance page says. City crews do repair curb and gutter, bridges and concrete streets and alleys.5 If your fall was on a curb or an alley, not a sidewalk, the city may be in the picture after all. When in doubt, send the 60-day notice.

How do I give notice of a fall to the City of Midland?

  1. Write down when, where and how you fell and how badly you were hurt.
  2. State the amount you would settle for, your address and the names of your witnesses.6
  3. Have it verified, then address it to the mayor and city council.27
  4. Send a copy to Risk Management, PO Box 1152, Midland 79702, and call 432-685-7246.89
  5. Keep proof of when it was delivered. The city says to expect a decision within four weeks of getting all your documents.10

State law also says the agency must get notice within six months, and that cities may require it sooner.4 Midland does. The city's claim form is written for property damage, so make clear in your own words that you were hurt.11

Can I sue the city after a fall at a Midland park or pool?

It is harder than suing a store. 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.12

That paid-use point matters at the city pools. Doug Russell Aquatic Center, at 900 N. Midland Drive, charges $5 a person.13 Keep your receipt or punch card if you fell there. Midland runs 29 neighborhood parks, nine pocket parks, eight community parks and two regional parks, along with two pools and two senior centers.14 A park you did not pay to enter falls under the lower duty.

Recreation has a catch too. If an owner lets you onto land for recreation, the law often limits the owner's duty to what is owed a trespasser, with some exceptions.15 Ask a lawyer how that fits before you assume you have a claim or that you do not.

What should you do right after a slip and fall in Midland?

  1. Report it to the manager and ask for a copy of the incident report.
  2. Photograph what made you fall before it is cleaned up, including the floor, the lighting and any warning sign.
  3. Keep the shoes and clothes you had on, unwashed.
  4. Get names and numbers from anyone who saw it.
  5. Get checked for head, hip and back injuries. Midland Memorial has a Level 3 Adult Trauma Center.16 Later, ask Midland Health for your records in writing, and expect an answer in about 5 working days.17

If a hazard is on public ground, report it on SeeClickFix, the city's 311 program.18 The tracking number gives you a dated record that the city knew about it.

What can hurt a slip and fall claim in Midland?

  • Your share of the blame. If you are more than 50% at fault for your fall, you cannot recover money.19
  • Being where you had no right to be. If you were trespassing, the owner only had to avoid hurting you on purpose, recklessly or through gross negligence.20
  • Waiting too long. Video at stores can be recorded over within days.
  • Signing a release, or giving a long statement, before you know how bad the injury is.

If an injury is small, Midland County's justice courts handle debt claims, like small claims, up to $20,000.21 Those courts are at 301 S Main St., 2nd Floor.22 A larger injury case is filed with the District Clerk, 500 N. Loraine Street, Suite 300, 432-688-4500.2324

Are there numbers on falls in Midland?

Not that we could find. We found no public county report on falls like the ones TxDOT publishes for crashes, so we will not give you a figure. What does exist is the deadline that catches people here: the city's 60 days, which is shorter than the six months in state law.225

What should you ask a slip and fall lawyer in Midland?

  • Who owns the place where I fell, and how will you confirm it?
  • Should we send a 60-day notice just to be safe?
  • Will you ask for the store's video this week?
  • How does the lower government duty of care change my claim?

Questions

How long do I have to sue after a slip and fall in Midland?

Generally 2 years.1 A fall on City of Midland property needs written notice within 60 days.2

Who fixes sidewalks in Midland?

The city says sidewalk repair is the responsibility of the property owner.3

Can I sue for a fall at a Midland city pool?

It may be possible, and having paid entry can change the care you were owed.1213 Send the 60-day notice first.2

Where do I send a claim against the City of Midland?

To the mayor and city council, with a copy to Risk Management, PO Box 1152, Midland 79702.78

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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 Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  3. City of Midland, Street & Alley Maintenance, checked 2026-11-08. “Sidewalk repair is the responsibility of the property owner”
  4. 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.”
  5. City of Midland, Street & Alley Maintenance, checked 2026-11-08. “maintain and repair curb and gutter, bridge repair, and concrete street and alley maintenance”
  6. City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
  7. City of Midland Charter, Sec. 8, checked 2026-11-08. “shall give the mayor and city council notice in writing of such injury”
  8. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  9. City of Midland, Process for Filing a Claim, checked 2026-11-08. “please notify Risk Management as soon as possible by calling 432.685.7246”
  10. City of Midland, Risk Management Division, checked 2026-11-08. “a decision should be reached within four weeks”
  11. City of Midland, Process for Filing a Claim, checked 2026-11-08. “must be notified of the damages and Claimant’s intent to file a claim no later than 60 days from the date of the incident”
  12. 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.”
  13. City of Midland, Doug Russell Aquatic Center, checked 2026-11-08. “Entry fee is $5 per person; children under 2 are free”
  14. City of Midland, Parks & Recreation, checked 2026-11-08. “consists of 29 neighborhood parks, nine pocket parks, eight community parks”
  15. 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;”
  16. Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
  17. Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”
  18. City of Midland, Report an Issue, checked 2026-11-08. “SeeClickFix is our new 311 program that provides you with report tracking capabilities”
  19. 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.”
  20. 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.”
  21. Midland County, Justice Court Civil Cases, checked 2026-11-08. “The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees”
  22. Midland County, Justice of the Peace, checked 2026-11-08. “301 S Main St. 2nd Floor Midland , TX 79701”
  23. Midland County, District Clerk, checked 2026-11-08. “serious personal injury”
  24. Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
  25. 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”

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