Slip and fall claims: care and next steps

Who may qualify for a slip and fall claim?

A fall on someone else’s property may need a legal review if unsafe property care caused harm. Being hurt at a store or rental does not by itself prove a claim. The review needs the place, condition, people in control and link to the injury. [1]

California’s court instructions show what this means in one state. A claimant must prove property control, careless use or upkeep, harm and a meaningful cause of that harm. The person in control might own, lease or occupy the place. A name on a building sign is a starting point for questions, not proof that only that person is responsible. [1] [7]

Start with the address and exact spot. Say whether you fell on steps, a floor, a walkway or another area. Write what you saw and what you learned later as separate facts. If you do not know who owns or runs the place, say so. Ask a lawyer to identify the right parties before choosing whom to sue. [7]

What is happening with my claim now?

Check your own papers to find out what has been done. An incident report, insurance discussion or website inquiry is different from a filed court case. Ask who is handling the review and which filing or notice steps have actually been completed. [7] [8] [4]

Make a short status list: records requested, lawyer contacted, agreement signed, government notice sent and court papers filed. Beside each item, note the date and keep the proof you have. Leave it marked unknown if someone has only said they will take care of it. Ask for the court name and filed papers if you are told a lawsuit exists.

California’s court guide explains that a civil claim requires the correct legal reason, parties and court. Its personal-injury guide identifies actual filing papers. Your state and claim may need different steps. Ask how the rules fit your facts before relying on a generic form or treating a phone call as filing. [7] [8]

What does a slip and fall review cost?

Ask for the actual fee and expense terms before authorizing work. A percentage-based fee does not by itself tell you what case expenses may be owed. Patient record copies can also have allowed charges. [10] [9]

The ABA’s model fee rule distinguishes lawyer fees from expenses. Its contingent-fee provision calls for a signed agreement explaining the fee calculation and expense deductions. It also addresses whether expenses could be owed without a win. A model rule does not tell you a particular firm’s prices or every state’s adopted rules. [10]

Ask what the first discussion costs, whether record or expert review has a charge and who pays expenses if the matter ends early. Request plain answers about what happens if no lawyer takes the case. Save the written response with the agreement, and check unclear terms before giving permission for paid work. [10]

HHS describes qualified access to care and billing records held by covered providers. Copying charges can be subject to limits, but patient and third-party requests need different checks. Ask the provider which records, request process and copying fees apply. Do not assume a lawyer’s request is free or subject to the same rules as your own. [9]

What can I do today after a fall?

Get care for the injury and tell the clinician what happened. For adults after a possible head injury, CDC lists emergency signs that need 911 or an emergency department. Care comes before gathering a claim file. [12]

CDC’s adult danger signs include a headache that gets worse and does not go away, repeated vomiting, seizures or trouble waking. Its guidance lists more signs, and symptoms can appear later or overlap other health problems. Read the adult or child guidance that fits the person. A checklist on a legal page cannot diagnose the injury. [12]

If it is safe, keep photos or videos you already have, the incident report, witness details and messages about the hazard. The court guide treats photos, records and witnesses as possible proof, subject to evidence rules. Request missing records and ask a lawyer how relevant business records can be sought. Do not alter a file or add a date you cannot confirm. [7]

Ask how to get your own care and billing records, and keep the requests. If you are helping someone else, ask what authority or permission is needed before seeking their records. Qualified access rights do not mean every helper can obtain every document. [9]

What does fall research tell us about injury?

Research can describe risks in a group without deciding your claim. A CDC report studied falls among adults aged 65 and older. It did not test whether a store or landlord caused a particular person’s injury. [11]

Ramakrishna Kakara and colleagues analyzed 127,724 survey responses from 2020, alongside a separate set of 2021 death records. The age-adjusted share reporting a fall was 27.6%. This was a population estimate from a telephone survey, not a clinical test or a study of property lawsuits. [11]

The survey relied on memory and excluded people in long-term care. Nonresponse and the use of different years also limit interpretation. The report supports attention to older-adult fall risk. It cannot supply a diagnosis, identify fault or tell you what a claim will pay. [11]

For your care visit, explain the fall, symptoms and earlier health problems as accurately as you can. Ask which symptoms need further care and what follow-up is planned. Keep the clinical advice with your records. Do not change a diagnosis or treatment plan to make the legal file look stronger. [12]

Sources for this slip and fall guide

The linked court records explain California property-care examples and Florida’s rule for substances in businesses. The care sources cover symptoms, record access and older-adult fall research. Use the dated sources with advice about your own facts rather than as proof of acceptance or payment. [1] [3] [12] [9] [11]

Traumatic Brain Injury (TBI) and Head Injury

Traumatic brain injury occurs when the head strikes a hard surface during a fall — the floor, a shelf, a counter edge, or a step. TBI severity ranges from mild concussion (temporary cognitive disruption, headache, dizziness) to moderate TBI (days of altered consciousness, amnesia, structural brain changes on imaging) to severe TBI (prolonged unconsciousness, permanent cognitive or motor deficits). In slip and fall cases, TBI is particularly valuable when documented with neuroimaging — CT or MRI showing intracranial hemorrhage, contusion, or diffuse axonal injury. Cases with imaging documentation settle 45% higher than baseline soft tissue cases. Even mild TBI (concussion) can result in post-concussion syndrome with months of cognitive impairment, chronic headaches, light and noise sensitivity, depression, and inability to work. Older adults face higher TBI risk because their skulls are thinner and brain atrophy means less protection for blood vessels bridging the brain to the skull — making subdural hematoma a significant risk.

• Headache immediately following the fall — most common TBI symptom
• Loss of consciousness, even briefly
• Confusion, disorientation, or difficulty forming memories
• Nausea and vomiting
• Light sensitivity (photophobia) and noise sensitivity (phonophobia)
• Cognitive impairment: difficulty concentrating, word-finding problems, memory loss
• Personality changes, irritability, depression (post-TBI syndrome)
• Direct head impact during fall on hard floor surface
• Older age — thinner skull and brain atrophy increase subdural hematoma risk
• Fall from height or down stairs — higher impact force
• Anticoagulant medications (blood thinners increase intracranial bleeding risk)
• Prior TBI history — repeat concussions have cumulative effect
• Emergency CT scan to rule out intracranial hemorrhage
• Neurological observation and monitoring for worsening symptoms
• Neurosurgery for evacuation of subdural or epidural hematoma
• Cognitive rehabilitation therapy for moderate to severe TBI
• Neuropsychological testing to document cognitive deficits for litigation
• Long-term psychiatric and neurological follow-up for post-TBI syndrome

Slip and Fall Lawsuit Filing Deadlines — State Statutes and Government Notice Requirements

The statute of limitations for slip and fall personal injury claims is typically 2 to 3 years from the date of the accident, depending on state law. However, claims against government entities — cities, counties, states, school districts, transit authorities — require a separate and far shorter notice of claim filed with the government before any lawsuit can be initiated. Missing the notice of claim deadline is a permanent bar to recovery, regardless of the underlying merit of the negligence claim.

Government Notice of Claim — The Short Deadline

If your slip and fall occurred on government-owned property — a city sidewalk, public park, government building, public school, transit station, or any property owned by a city, county, or state — you must file a formal notice of claim with the government entity before filing a lawsuit. This notice requirement exists because government entities have partially waived sovereign immunity under state tort claims acts, but only when given timely notice of potential claims. Notice periods are significantly shorter than civil statutes of limitations: New York (90 days from accident under General Municipal Law § 50-e), California (6 months under Gov't Code § 911.2), New Jersey (90 days under NJSA 59:8-8), Florida (3 years, but prior written notice to municipality required for sidewalk defect claims), Texas (6 months under Texas Tort Claims Act). Failure to file a timely government notice of claim is an absolute bar to suit in most states. Courts rarely excuse late filing. The notice must specify: the date, time, and location of the accident; the nature and circumstances of the fall; the injuries sustained; and the claimant's contact information. An attorney should review the specific requirements for your state and municipality — requirements vary by type of entity (city vs. county vs. state vs. transit authority) and by the specific cause of the fall (e.g., sidewalk defect claims in some states require prior written notice to the municipality of the defect before the accident).

A pedestrian slips on a broken city sidewalk in New York City and fractures her hip.

New York General Municipal Law § 50-e requires a Notice of Claim to be filed within 90 days of the accident against any municipal entity in New York. The notice must be served on the city comptroller's office and specify the location of the defective sidewalk, the date of the accident, and the injuries sustained. Missing this 90-day window can bar the claim against the city, although a court may extend the time to serve the notice (GML § 50-e(5)); an attorney can check. New York also requires a 50-h examination (city's interview of the claimant) before suit can be filed.

A shopper falls in a grocery store parking lot that is maintained under contract by a private company and files suit three years later.

For a private commercial premises claim, California's 2-year statute of limitations under CCP § 335.1 controls. The 2-year period runs from the date of the accident. Filing suit in year three is time-barred. However, if the parking lot is co-owned or maintained in part by a government entity — such as a city-owned parking structure adjacent to a private grocery store — the government notice-of-claim period (6 months) would also apply to the government portion of the claim. Establishing the ownership chain of the premises is one of the first tasks an attorney undertakes.

Do not assume you have years to file a slip and fall claim. If your accident occurred on any government property, you may have as few as 30 days to preserve your right to sue. Evidence is easier to preserve early, and a lawyer can tell you which notice periods and deadlines apply.