Legal Injury GuideSlip and Fall Incident Checklist
Slip and fall accidents are among the most common premises liability claims, and among the most frequently disputed. Property owners and their insurers aggressively defend these cases by arguing the hazard was open and obvious, you were not paying attention, or the condition existed for too short a time for them to have known about it. Moving quickly to gather evidence and document the incident properly is essential to overcoming these defenses and recovering fair compensation.
10 steps — complete each in order for best results
~20 min read- 1
Seek Immediate Medical Attention
Your health is the first priority. Even if you believe your injuries are minor, have a medical professional evaluate you the same day. Slip and fall injuries frequently include fractures, head trauma, and soft tissue damage that may not be immediately painful due to adrenaline. A same-day medical record is critical to connecting your injuries to the fall.
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Report the Incident to the Property Owner or Manager
Before leaving the property, notify the manager, owner, or supervisor about what happened. Request that they create a written incident report and ask for a copy before you leave. If they decline to provide a copy, note the name of the person you spoke with, the date and time, and that they refused to provide documentation of the incident.
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Photograph the Hazard Before It Is Fixed
Immediately photograph the exact hazard that caused your fall from multiple angles. Capture the substance on the floor, the broken step, the uneven pavement, or whatever caused the incident. Also photograph the surrounding area, any nearby warning signs or lack thereof, lighting conditions, and your view as you approached the hazard.
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Preserve Your Footwear
Place the shoes you were wearing in a sealed plastic bag and do not clean or alter them. Footwear is frequently relevant in slip and fall cases — the defense may argue your shoes were unsafe or worn. Preserve them exactly as worn so the condition of the soles can be documented. Also photograph them before sealing them away.
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Identify and Contact Witnesses
Identify anyone who witnessed the fall or who was in the area and may have observed the hazardous condition. Collect their names and contact information immediately. Witnesses who were present when the hazard existed — before you fell — are particularly valuable because they speak to how long the condition had existed, which establishes notice.
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Demand Surveillance Footage Preservation
Most commercial properties and many public locations have security camera systems. Notify the property owner in writing immediately that you demand preservation of all surveillance footage covering the area of your fall for the 24 hours preceding and following the incident. Without a written preservation demand, footage may be overwritten within days.
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Document Prior Similar Incidents
Research whether the property owner had prior notice of the hazardous condition. Submit public records requests for prior incident reports or complaints, review online platforms such as Google or Yelp for references to similar hazards, and check court records for prior lawsuits involving the same location. Prior notice is powerful evidence of negligence.
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Record Your Injuries and Their Progression
Photograph your visible injuries — bruises, cuts, swelling — immediately after the incident and daily for several weeks as they develop and change. Many fall injuries produce the most visible bruising 48 to 96 hours after the incident. Keep a pain and limitation journal documenting how your injuries affect your daily activities.
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Identify Applicable Safety Codes and Regulations
Many slip and fall hazards represent violations of building codes, safety regulations, or industry standards. Wet floor warning sign requirements, staircase handrail heights, adequate lighting standards, and parking lot maintenance standards are all codified. A violation of applicable standards eliminates the need to prove the owner should have known about the hazard.
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Consult a Premises Liability Attorney Promptly
Premises liability cases require establishing that the property owner knew or should have known about the hazard and failed to remedy it. These cases are legally and factually complex, and insurers defend them vigorously. An experienced attorney can conduct a thorough investigation, send preservation letters, retain appropriate experts, and build the evidence required to prove your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.