The issue is whether there was a defect in the attic that caused your fall. If you stepped on a surface that was not built to withstand the weight of a person, the incident may be considered your fault. However, if there was a defect in the attic (it was built improperly), you may have a case against the builder, provided the house is less than ten years old. Texas has a two year statute of limitations (deadline for filing suit that runs from the date of the injury) in personal injury cases, but there is a ten year statute of repose (deadline for filing suit that runs from the date the building is completed) for cases against architects, engineers and contractors for building defects. There is also a potential case against the homeowner, if she knew of a problem with the attic and failed to tell you. The case against the homeowner would only be viable if she had homeowners' insurance coverage. If you provided more information (swaldman@waldmanfirm.com), I may be able to answer your question in more detail.