You walk into your favorite Houston retail store and notice construction work in progress. There are workers, materials, and some caution tape, but the store is open for business. You assume if they’re letting customers in, it must be safe. Then it happens—you slip on construction debris or trip over an exposed cable and hit the ground hard.
Now you’re injured, facing medical bills, and wondering: who is responsible when you fall at an open business undergoing renovation? The answer in Texas is more complicated than you might think, and understanding your rights can make the difference between receiving fair compensation and being left to pay your own expenses.
Why Texas Businesses Stay Open During Construction
Many Houston-area businesses choose to remain open while renovating because closing means lost revenue. However, staying open for business means maintaining full responsibility for customer safety—even with construction happening simultaneously. This creates a complex situation where both property owners and contractors may share liability for your injuries.
Who Is Liable for Your Construction Site Slip and Fall?
When you’re injured at a store under renovation, multiple parties may be responsible for your damages. Texas law recognizes several potentially liable defendants in these cases.
The Property Owner’s Duty to You
As a customer, you’re considered an “invitee” under Texas premises liability law—the legal classification that provides you the highest level of protection. Property owners owe you a duty to maintain safe conditions, regularly inspect for hazards, and either fix dangerous conditions or provide adequate warnings.
Importantly, this duty doesn’t disappear just because construction is happening. If a business chooses to stay open during renovations, they must ensure customer areas remain reasonably safe. They cannot simply delegate this responsibility away.
The General Contractor’s Responsibility
General contractors have a legal duty to maintain a safe worksite—not just for their workers, but also for members of the public who may be nearby. If a contractor’s negligence in setting up barriers, leaving equipment in walkways, or failing to secure their work area causes your injury, they can be held liable.
When Multiple Parties Share Blame
Under Texas Civil Practice and Remedies Code § 33.013, when multiple defendants are responsible for an injury, each party is liable for their percentage of fault. For example, if a jury determines the property owner is 60% at fault and the contractor is 40% at fault, each pays their proportionate share.
However, there’s an important exception: if any defendant is found more than 50% responsible, they become jointly and severally liable for all damages. This proportionate responsibility system often works in your favor because it means you have multiple potential sources of recovery.
Common Construction Hazards That Injure Houston Customers
Construction sites at open businesses create numerous dangerous conditions, including:
- Wet floors from demolition or construction processes
- Uneven surfaces and temporary flooring transitions
- Electrical cords and cables crossing customer walkways
- Construction debris left in aisles or near entrances
- Inadequate lighting during electrical work
- Missing or broken handrails during stairway renovations
- Drywall dust making floors slippery
In Houston’s humid climate, construction often involves AC duct work that can cause ceiling leaks and unexpected floor puddles—creating slip hazards that customers don’t anticipate.
Are Warning Signs Enough Under Texas Law?
Property owners often argue that caution tape and warning signs are sufficient to absolve them of liability. Texas courts disagree in many cases. While warnings are required, they alone may not satisfy the duty to maintain reasonably safe premises.
Furthermore, when a hazard is serious—such as a hole in the floor, missing stairs, or major elevation changes—physical barriers that prevent customer access are typically required. A simple “caution” sign or yellow tape stretched across an aisle may not be adequate if customers can easily bypass it.
Proving Your Case: Critical Evidence to Collect
If you’re injured at a business under construction, quick action is essential. You should immediately take these steps:
- Photograph the exact hazard that caused your fall
- Document inadequate warnings or barriers with photos
- Get witness contact information from anyone who saw the incident
- Report the incident to store management to create an official record
- Seek medical attention to document your injuries
Additionally, you’ll need access to store records including incident reports, construction permits, contractor agreements, and security camera footage. These materials establish who had control over the area where you fell—a critical factor in determining liability. For more guidance, see our article on what to do immediately after a slip and fall.
What If You Were Partially at Fault?
Texas follows a modified comparative negligence rule, which means you can still recover compensation even if you were partially responsible for your accident. However, you must be less than 51% at fault to recover anything, and your compensation will be reduced by your percentage of fault.
For example, if you were looking at your phone when you tripped, the defendant might argue you were 30% responsible. If the court agrees, your $100,000 in damages would be reduced to $70,000. This is why these cases can be challenging to win, as defendants will aggressively argue that you should have watched where you were going.
Compensation Available for Construction Zone Injuries
You may be entitled to recover both economic and non-economic damages, including:
- Medical expenses (emergency room, surgery, ongoing treatment)
- Lost wages and future earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
When multiple defendants are involved, you often have access to multiple insurance policies, which can result in higher potential recovery.
How Joe Zaid Handles Complex Premises Liability Cases
Joe Zaid, founder of Joe I. Zaid & Associates, is a seasoned personal injury attorney whose client-centered approach delivers results for his clients. Since 2013, Joe has represented thousands of clients in cases of personal injury and wrongful death and has recovered millions of dollars in settlements, including numerous seven-figure settlements on behalf of individual clients. Joe specializes in personal injury cases, ranging from minor impact collisions to those resulting in life-altering injuries.
Joe was nominated by H-Texas Magazine as one of Houston’s Top Lawyers and was also nominated as a Top 40 under 40 Trial Lawyer. He is an active member of the Houston Trial Lawyers Association and Texas Trial Lawyers Association.
When handling construction site slip and fall cases, Joe thoroughly investigates all potentially liable parties, reviews construction contracts and permits, consults with construction safety experts, and negotiates with multiple insurance companies. He’s not afraid to take complex multi-party cases to trial when necessary.
We serve clients throughout the Houston metro area, including Pasadena, League City, and surrounding communities. We work on a contingency fee basis, which means you don’t pay any upfront costs—we only get paid if we win your case.
Take Action Now to Protect Your Rights
If you were injured at a business under construction, don’t let confusion about liability prevent you from seeking the compensation you deserve. Texas law gives you only two years from the date of your injury to file a claim, and critical evidence can disappear quickly as construction progresses.
Contact Joe I. Zaid & Associates today at (346) 756-9243 for a free case evaluation. We’ll investigate who was responsible, gather the evidence you need, and fight to recover full compensation for your injuries. You have nothing to lose and everything to gain.
