Step-by-step guide for slip and fall victims. Preserve evidence, report the incident, and protect your rights before the property owner covers their tracks.
⚠️ Do not sign any paperwork the property owner or their insurance gives you. Do not accept any early payment offer.
Slip and fall injuries are some of the most undervalued personal injury claims. Property owners work quickly to minimize liability and evidence disappears within hours.
Report the incident to the property owner or manager immediately — in writing if possible
This creates an official record. Ask for a copy of the incident report before you leave. If they refuse, note the name of the person you spoke with and the time.
Photograph the exact hazard before anything is cleaned up or repaired
Properties fix hazards within minutes. A wet floor gets dried, a broken step gets repaired, torn carpet gets taped. Once fixed, the evidence is gone forever. Photograph from multiple angles.
Photograph the full scene — lighting, signage, conditions
Poor lighting, missing handrails, lack of warning signs, and wet weather conditions all affect liability. Document everything beyond just the hazard itself.
Get witness contact information before anyone leaves
Eyewitnesses who can confirm the hazardous condition existed are extremely valuable. Get full names and phone numbers immediately.
Do NOT sign any paperwork the property owner gives you
Any document you sign could waive your legal rights. Do not sign anything without consulting an attorney first.
Preserve your footwear and clothing exactly as they are
Do not wash them. They are physical evidence. The condition of your footwear is a common defense argument — preserving it allows your attorney to counter that argument.
Seek medical attention immediately — even if you think you are fine
Spinal injuries, traumatic brain injuries, and soft tissue damage often do not produce severe symptoms for hours or days. A medical visit within 24 hours creates a record connecting your injuries to the incident.
Send a written request to preserve all surveillance footage
Most businesses overwrite security footage within 24-72 hours. A written request creates a legal obligation to preserve it. Email so you have a timestamp.
Research prior incidents at this property
If others have been injured at the same location before, it proves the owner had prior notice of the hazard and failed to fix it — which significantly strengthens your case.
Follow your doctor's treatment plan exactly — miss no appointments
Gaps in medical treatment are the primary way slip and fall insurers reduce claims. Every missed appointment is used as evidence your injuries were not serious.
Start a daily pain and limitation journal
Document pain level (1-10), specific symptoms, activities you cannot perform, sleep disruption, and how the injury impacts your work and daily life. This is direct evidence of pain and suffering damages.
Contact a personal injury attorney who handles slip and fall cases
Slip and fall cases are heavily defended. An experienced attorney can identify all liable parties, preserve critical evidence, and ensure you do not make statements that hurt your case.
Do not accept any early settlement — it is almost always far below the true value of your claim
Do not give a recorded statement to the property's insurance company without an attorney
Do not return to the scene and disturb any evidence
Do not minimize your injuries when speaking with anyone
Do not miss any medical appointments — every gap is used against you
Property owners have a legal duty to maintain safe conditions for visitors. Liability depends on whether the owner knew or should have known about the hazard and failed to fix it in a reasonable time. Factors include how long the hazard existed, whether employees created it, and whether proper warning signs were present.
The statute of limitations varies by state — typically 2-3 years from the date of the incident. Claims against government properties often have much shorter deadlines of 90-180 days. Contact an attorney as soon as possible.
Open and obvious is one of the most common defenses in slip and fall cases — but it is not an automatic bar to recovery. Poor lighting, distraction conditions, or the nature of the property can overcome this defense. An experienced slip and fall attorney knows how to counter it.
Minor injuries may settle for $10,000-$50,000. Serious injuries like broken hips, spinal injuries, or traumatic brain injuries can be worth $100,000 to over $1 million. The value depends on injury severity, medical costs, lost wages, and the strength of liability.
In most states yes. Comparative negligence rules allow you to recover compensation reduced by your percentage of fault. If you were 20% at fault and damages are $100,000 you may recover $80,000. Only a handful of states use contributory negligence which can bar recovery entirely.
The strongest cases have: photographs of the hazard taken immediately, surveillance footage showing the hazard and fall, an official incident report, witness statements, prior complaints about the same hazard, and medical records documenting your injuries.
State-specific laws, deadlines, and local rules for your jurisdiction.
Now that you know your rights, find a personal injury attorney near you. Free, private, no spam — you choose who to contact.