After a Slip and Fall
What to Do After a Slip and Fall
Slip-and-fall cases are harder to win than car-accident cases. There's no police report, no per-se negligence standard, and property owners' insurance carriers fight aggressively because they know jurors are skeptical. The first hour after the fall — what you photograph, who you talk to, where you seek treatment — often determines whether the case is winnable.
The Short Answer
First hour: get medical care, photograph the scene, identify witnesses, file an incident report with the property owner. First week: keep all medical records, document daily symptoms, do not give a recorded statement to the property owner's insurer. First month: consult a personal injury lawyer (free), do not sign anything from the carrier, document missed work. Most slip-and-fall cases settle for less than equivalent car-accident cases, but documented liability and injuries can recover six and seven figures.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
First hour — what to do at the scene
Get medical care. Even if you feel "fine." Adrenaline masks injuries; soft-tissue and head injuries take 24–72 hours to fully manifest. The medical record from the day of the fall is your single most important document later.
Photograph everything. The hazard (water, ice, uneven surface, missing handrail). The lighting. The signage (or absence of warning signs). Your shoes. Your injuries. The surrounding area. Phones do this in two minutes.
Identify witnesses. Get names and phone numbers of anyone who saw the fall. Witnesses who don't work for the property owner are gold; their memories fade and they move; get the contact info now.
File an incident report. Most stores and businesses have an incident report form. Fill it out factually — what happened, where, when. Keep a copy. This is critical evidence.
Note the time and conditions. Time of day, weather, what you were doing, where you were walking, what shoes you were wearing.
Don't admit fault. Resist the urge to say "I'm so clumsy" or "I should have been watching." Carriers will use any statement against you.
Don't sign anything from the property owner. "Just a quick form for our records" is often a release.
Why slip-and-fall is harder than car accident
No per-se liability. In a car accident, certain facts (rear-end, drunk driver, red-light runner) establish negligence almost automatically. Slip-and-fall has no equivalent — you have to prove the property owner knew or should have known about the hazard and failed to address it.
Carrier skepticism. Property-owner insurance carriers see slip-and-fall claims as the most fraud-prone category. They scrutinize harder, deny more often, and litigate aggressively.
Comparative negligence is more pointed. Carriers will argue you should have seen the hazard, weren't watching where you were going, or were wearing inappropriate footwear. Even modest comparative-fault percentages reduce recovery.
Notice is the central issue. To win, you typically must prove the property owner knew (actual notice) or should have known (constructive notice) about the hazard. "Constructive notice" usually requires showing the hazard existed long enough that a reasonable owner would have discovered it.
Documentation gaps. Unlike car accidents, slip-and-falls often have no police report, no independent witnesses, and no surveillance footage that the property owner will preserve voluntarily. Spoliation letters are critical.
Surveillance. Most commercial properties have video. Most carriers will say it's been recorded over by the time you ask. Sending a preservation letter immediately is a key task — and one most pro se claimants don't know to do.
First week — what to do
Follow the medical plan. Go to every appointment. Take prescribed medications. Get the imaging your doctor recommends.
Keep a symptom journal. Brief daily notes about what hurt, what you couldn't do, how the day went. Pain and suffering is hard to quantify; contemporaneous notes give your lawyer ammunition.
Save every receipt and bill. Doctor copays, prescriptions, ambulance, ER, durable medical equipment, mileage to and from medical appointments.
Document missed work. Pay stubs, employer letters, time cards.
Don't post on social media. Defense lawyers screenshot Instagram for a living. A photo of you at a wedding undermines your pain-and-suffering claim, even if you suffered through it on Advil.
Don't give a recorded statement to the property owner's insurer. Politely decline. They'll call within 48 hours.
Send a preservation letter. Better yet, hire a lawyer who will. The letter requires the property owner to preserve surveillance video, incident reports, maintenance logs, and inspection records. Without this, those records evaporate.
Get the police report if police were called. Some falls (those with apparent serious injury) are reported to police; the report is useful evidence.
Consider hiring a lawyer. Free consultation; they'll tell you whether the case is worth pursuing.
What slip-and-fall cases are worth
These are approximations from published verdicts and settlements. Your case could be inside or outside.
Soft-tissue, no surgery, no missed work: $5,000–$25,000.
Soft-tissue, missed work, full recovery: $25,000–$75,000.
Broken bone, surgery, full recovery: $75,000–$250,000.
Broken bone, lasting impairment: $150,000–$500,000.
Spinal injury / fusion surgery: $250,000–$1,500,000.
Traumatic brain injury (mild to moderate): $250,000–$2,000,000.
Hip fracture (especially elderly): $250,000–$1,000,000+.
Wrongful death: $250,000–$5,000,000+.
But: only if liability is established. Liability is the tougher question in slip-and-fall than in most car accidents.
Comparative-fault haircuts of 20–40% are common — your lawyer's job is to minimize the haircut.
Common slip-and-fall scenarios and what they're worth
Wet floor, no warning sign. Strong case if you can show how long the floor was wet. Recovery typical to favorable.
Ice or snow accumulation. Depends heavily on local snow-removal laws and the timing. Massachusetts, New York, and other cold-state cases are technical.
Cracked sidewalk or pothole. Most cities have notice-of-claim deadlines (60–180 days) for claims against municipalities. Miss it and the case is gone.
Spilled food or liquid in a store. The most common case type. Liability turns on how long the spill existed and what the store's inspection schedule was. Subpoena the inspection logs.
Stairs without handrail or with broken handrail. Building-code violations are powerful evidence of negligence.
Inadequate lighting. Often combined with another hazard. Photograph the lighting at the time of the fall.
Trip on uneven surface. Hard cases — the difference between actionable defect and "normal wear" is judgment-dependent.
Falls in restaurants, hotels, or bars. Often involve alcohol — comparative-fault arguments are aggressive.
Falls in workplaces. Workers' compensation is the typical remedy (your employer's comp coverage), not a slip-and-fall lawsuit. A separate case may exist against a third party (e.g., a building owner who isn't your employer).
Time limits — don't miss them
Statutes of limitations for slip-and-fall vary by state — typically 2–6 years from the fall. Most states are 2 or 3 years.
Notice-of-claim deadlines for falls on government property are much shorter. Typically 60–180 days. New York City: 90 days. California: 6 months. Florida (federal Tort Claims Act-equivalent): 3 years but specific notice required.
Falls on commercial property (stores, restaurants, hotels) follow the standard state statute of limitations.
Falls in apartment buildings or rental properties may involve both the landlord and a property management company. Each has separate timelines and notice requirements.
When in doubt, call a lawyer the day of the fall. Free consultation; deadlines are unforgiving.
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Frequently asked questions
Should I take pictures of my injuries?
Yes — both at the scene and over the following weeks as bruising develops. Time-stamped photos are the most useful. Photograph stitches, casts, scars, and any progressive changes.
What if there are no witnesses?
Cases without witnesses are harder but not unwinnable. Surveillance footage, the incident report, your testimony, expert testimony about the hazard, and inspection logs can all establish liability.
How long do I have to sue for a slip-and-fall?
Varies by state — typically 2–6 years. Notice deadlines for falls on government property are much shorter (60–180 days). When in doubt, call a lawyer immediately.
Will my case settle or go to trial?
Most slip-and-fall cases settle, but property-owner carriers fight harder than auto carriers. Cases settle at numbers that reflect the carrier's perception of trial risk.
What if I was partly at fault?
Comparative negligence reduces your recovery but doesn't bar it in most states. A few states (Alabama, Maryland, North Carolina, Virginia, D.C.) bar recovery if you were any percentage at fault — "contributory negligence."
Do I need to hire a slip-and-fall specialist?
Slip-and-fall is a sub-specialty of personal injury. Most personal-injury firms handle slip-and-fall; some have particular expertise. For severe injuries especially, look for a firm with documented slip-and-fall verdicts.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team