What to Do After a Slip and Fall

Slip-and-fall injuries range from bruises to broken hips and head injuries. Whether you have a claim depends on what the property owner knew and did, so evidence gathered in the first hours matters.

Right after the fall

1. Get medical care. Head injuries and fractures can be worse than they first seem, especially for older adults.
2. Report the fall to the store manager, landlord or property owner. Ask that an incident report be written and request a copy, or at least the name of the person who took it.
3. Photograph the hazard before it is cleaned up: the spill, ice, broken step, poor lighting, missing handrail or lack of warning signs. Include wide shots that show the location.
4. Photograph your shoes and clothing, and keep them as they were.
5. Get witness names and phone numbers.
6. Ask about cameras. Request that video be preserved; stores often record over footage within days or weeks.

When is the owner liable?

Slip and fall cases are premises liability claims based on negligence. The owner generally owes the highest duty to business visitors, called invitees, such as store customers (Cornell LII). To win, you usually must show:

• A dangerous condition existed;
• The owner created it, knew about it, or should have discovered it through reasonable inspection; and
• The owner failed to fix it or warn about it, and that caused your injury.

Lower duties often apply to social guests and trespassers. More detail: what is premises liability.

Common defenses

• The hazard was "open and obvious."
• The spill happened moments before the fall, so the owner had no time to find it.
• You were distracted, running, or wearing unsafe footwear.

Under comparative negligence, your own carelessness can reduce your recovery or, in some states, bar it (Cornell LII).

Falls on public property

Falls on city sidewalks, government buildings or public transit usually require a written notice of claim within a short time, sometimes months rather than years. Missing that notice can end the claim.

Falls at work

If you fell on the job, workers' compensation is usually your main remedy. See what to do after a workplace injury.

Next steps

Keep medical bills and records of missed work, and do not give a recorded statement to the owner's insurer before getting advice. A personal injury lawyer can assess whether the owner's notice of the hazard can be proven.

Sources

1. Cornell Law School LII: Invitee
2. Cornell Law School LII: Negligence
3. Cornell Law School LII: Comparative negligence