Hurt in a slip and fall
Falls in stores, parking lots, apartments, and on stairs or ice are common. The hazard is often fixed or cleaned up within hours, so photos taken right away carry a lot of weight.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Photograph the scene. The hazard, the area, signs, and your injuries.
- Report it and get contact info. Tell the owner or manager. Ask for an incident report.
- Keep what you wore. Do not wash or throw away your shoes or clothing.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
Details that get lost quickly
- Photos of the hazard (spill, ice, broken step, loose carpet) and the area around it, taken from a few distances.
- Warning signs or the lack of them, lighting, and weather conditions.
- The shoes you were wearing. Keep them unwashed.
- An incident report from the store or building, and a copy for yourself.
- A written request that the business keep any camera footage. Many systems record over old video in days.
Common mistakes
- Leaving without reporting the fall to the manager.
- Telling staff “it was my fault” or “I wasn’t watching.”
- Signing an incident form that you did not read or that blames you.
- Waiting to photograph the spot until after it is cleaned.
Who may be responsible
The owner or manager of the property, a landlord, a store, or a company that maintains the area. For sidewalks and public buildings it may be a city or other government body.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Falls on government property often require written notice within a short window, sometimes under 6 months.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
What if I was partly at fault?
Rules differ by state. In many states your compensation is reduced by your share of the blame. In a few, being even slightly at fault can bar a claim. Do not assume you have no claim. Ask a lawyer about your state.
Do I need a lawyer?
No law says you must have one. Many small claims are settled without a lawyer. It is worth talking to one if you were seriously hurt, fault is disputed, the insurer denies or delays the claim, you have a long recovery, or you are offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Should I see a doctor if I feel fine?
Yes, soon. Some injuries show up hours or days later. A visit also creates a medical record that links your symptoms to the event. Follow the treatment plan and go to your appointments. Gaps in care are used to argue an injury was not serious.
Should I post about it on social media?
It is safer not to. Insurers and their lawyers look at public posts and photos. A picture of you smiling or active can be used to argue you are not hurt. Do not delete existing posts without asking a lawyer, because deleting can cause its own problems.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.