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As retail stores across Texas decorate for the holidays, extend their hours, and hire seasonal staff, they also brace for one of the busiest and riskiest times of the year. But while business owners may be preparing for customer influx, injury victims are the ones left to deal with the consequences when stores cut corners on safety.

Slip-and-fall incidents spike between November and January. Shoppers crowd into decorated aisles, wet entryways turn slick, and floor mats shift beneath their feet. For those injured in these environments, the holiday rush often leads to a second blow: businesses and their insurers downplay the injury or deny the claim altogether.

At Palker Law, we understand what’s at stake. We help clients hold businesses accountable and secure rightful compensation.

When Holiday Crowds Meet Safety Shortcuts

The winter shopping season isn’t just a sales peak. It’s also a prime window for liability exposure, especially in high-traffic areas like:

• Grocery stores and retail chains
• Outlet malls and department stores
• Big box stores and pharmacies
• Strip centers with shared walkways and parking

While many store owners invest in decorations, inventory, and seasonal promotions, safety isn’t always prioritized at the same level. Even small oversights can lead to serious harm.

Common hazards that increase during holiday shopping include:

• Tracked-in rain or mud near entrances
• Improperly placed floor mats or wet floor signs
• Cluttered aisles and tripping obstacles from merchandise
• Rushed cleanups with incomplete safety checks
• Inadequately trained seasonal employees

When safety is compromised, it’s not just the store that’s on the hook, it’s also the property owner, the maintenance contractor, and insurance companies who may try to reduce payouts.

Why Businesses Push Back Harder in Q4

From October through December, many stores see a jump in customer volume and injury claims. This increase drives retailers and insurers into risk-management mode. More claims mean more cost exposure, so businesses often look for ways to minimize or deny responsibility.

According to the Insurance Research Council, slip-and-fall claims are among the most commonly disputed premises liability claims, especially in commercial settings:

Insurers know that:

• Video footage is often overwritten quickly (sometimes within 24–48 hours)
• Seasonal staff may be unavailable or untrained when asked to give statements
• Holiday stress makes many injury victims wait to seek help, o more likely to accept a small check and move on

This environment means that insurers don’t always reject your claim outright, but they may minimize it enough to make you give up.

Don’t Let Distractions Erase Your Case

While businesses prepare for holiday liability, injury victims are often left to prove what happened or risk walking away unpaid. Stores know this. That’s why quick mop-ups and delayed incident reports are common tactics during the holidays.

If you’re injured in a store between now and January, your best chance at a successful claim is fast, thorough documentation. That includes:

• Filing an official incident report immediately
• Taking photos of the hazard before it’s cleaned
• Getting names and numbers of any witnesses
• Seeking medical attention as soon as possible
• Saving your receipt or timestamped store visit info

Even if you think your injury is “minor,” symptoms can escalate over time. Head trauma, back injuries, and ligament tears often show up days or weeks after the incident.

What the Law Requires (and What the Business Will Argue)

To hold a store legally responsible for a fall, Texas law requires that you show that the business either:

1. Created the hazard
2. Knew about the hazard and failed to fix it, or
3. Should have known about the hazard through reasonable inspection.

But here is the challenge: while you’re hurt and recovering, the store (and its insurer) is already preparing a defense. Many businesses will argue:

• The condition was “open and obvious”
• The hazard didn’t exist long enough to address
• You weren’t watching where you were going
• The condition was caused by another shopper

This is why early legal intervention matters. At Palker Law, our personal injury attorneys know how to gather surveillance footage, secure cleaning logs, and work with independent safety experts to build a case that holds up, even when the store tries to say it’s your fault.

You Can Still Act, Even After a Partial Payout

Sometimes, stores or insurers offer small payments upfront. What they are doing is limiting future exposure. What most people don’t realize is:

You may still be able to challenge the valuation, even after accepting partial payment, especially if the full extent of your injuries or medical costs wasn’t known at the time.

This holds under Texas law, unless you signed a full release of liability,  which insurers often try to push quietly.

Palker Law: Your Advocate When Stores Push Back

At Palker Law, we act quickly to preserve your rights. As a Texas-based personal injury law firm, we’ve seen firsthand how businesses handle slip-and-fall cases around the holidays. And we know how to push back.

Our attorneys help with:

• Investigating and documenting store negligence
• Securing time-sensitive surveillance or witness reports
• Negotiating fair settlements (not lowball offers)
• Filing lawsuits when insurers delay or deny

We don’t charge you unless we recover compensation, and we offer free consultations so you can make the best decision for your situation.

Questions? Let’s Talk.

If you were injured in a fall this holiday season, even if it seemed minor at first, we’re here to help you understand your options and protect your rights. The store is already preparing its defense. We’ll prepare your case.