Step 1: Photograph the Hazard and Your Injuries at the Scene
Before leaving the accident scene, photograph the hazard that caused your fall from multiple angles — wide shots showing the surrounding area and close-ups showing the specific defect. Photograph any visible injuries: bruising, swelling, cuts, and abrasions. Note whether there are any warning signs — and if there are none, photograph their absence. Note the lighting conditions and whether any overhead lights were burned out. These contemporaneous photographs, taken within minutes of the fall, are far more persuasive than photographs taken days or weeks later when conditions may have changed.
Step 2: Get an Incident Report — and Get a Copy
Ask the property owner or manager to complete an incident report documenting the fall, the location, the hazard, your injuries, and any witnesses. This report creates a contemporaneous business record that the property owner cannot later deny. Ask for a copy before leaving. Do not sign any document that characterizes the cause of your fall or your responsibility for it. Do not give a recorded statement to the property's insurance representative at the scene — refer all insurance inquiries to your attorney.
Step 3: Have Your Attorney Send a Surveillance Video Preservation Letter
Most commercial properties record surveillance footage that is overwritten automatically within 24 to 72 hours. This footage may capture the fall itself, the hazardous condition before the fall, and how long the condition existed without being addressed — critical constructive notice evidence. An attorney can send a litigation hold (spoliation) letter to the property owner within hours of retaining the case, demanding preservation of all surveillance footage, inspection logs, and incident records. Once this letter is received, intentional destruction of relevant evidence can be sanctioned as spoliation — allowing the jury to draw adverse inferences against the property owner.
Frequently Asked Questions
Related Pages
Landlords must maintain common areas — stairwells, lobbies, parking areas, and walkways — in safe condition. Prior complaints about the same hazard and building code violations for handrails, lighting, or stair dimensions are powerful evidence of landlord liability in apartment fall cases.
Learn moreEvery state's negligence law determines whether and how much you can recover if you were partially at fault for your fall. Pure contributory negligence states (Alabama, Maryland, North Carolina, Virginia, D.C.) bar recovery if you are even 1% at fault. Most states use modified comparative negligence with 50% or 51% bars. California and New York allow recovery regardless of fault level.
Learn moreSuing a city, county, or state for a slip and fall requires filing a formal notice of claim within 30 to 90 days of the accident — far shorter than the regular civil statute of limitations. Missing this deadline permanently bars your claim. Contact an attorney within days of any fall on public property.
Learn moreGrocery stores must actively inspect their floors, respond to spills within a reasonable time, and place wet floor warning signs. When they fail, injured shoppers can hold the store liable — and the store's own inspection logs and surveillance footage are often the most powerful evidence against it.
Learn moreTraumatic brain injury is among the most life-altering and legally valuable injuries in slip and fall cases. TBI cases with neuroimaging documentation (CT or MRI) settle approximately 45% higher than soft tissue baseline cases. Even mild TBI — concussion — can produce months of cognitive impairment, chronic headaches, and inability to work. Seek emergency imaging immediately after any head strike during a fall.
Learn moreParking lot falls — caused by potholes, ice, uneven pavement, broken curbs, or inadequate lighting — are among the most underserved slip and fall claims. Property owners are responsible for maintaining parking surfaces, and their maintenance contracts and service records are central to proving liability.
Learn moreRestaurants present unique slip and fall liability because kitchen spills regularly reach dining floors through server foot traffic, outdoor dining areas accumulate grease and moisture, and bar areas present additional hazards after hours. No competitor maintains a dedicated restaurant slip and fall page — this is a significant content gap.
Learn moreCommercial premises cases average $345,000 nationally; private property cases average $105,000. Surgical cases settle 3.2x higher than non-surgical outcomes. This guide breaks down settlement value by injury type, venue, and documentation quality — the three factors that most reliably predict case outcomes.
Learn moreSpinal injuries from slip and fall accidents — including disc herniation, vertebral fractures, and spinal cord injury — produce some of the highest settlement values in premises liability litigation. Cases with an immediate post-accident MRI settle approximately 60% higher than cases where imaging is delayed. Seek emergency medical care and imaging the day of your fall.
Learn moreMost states give slip and fall victims 2 or 3 years to file a lawsuit, but government property claims require a notice of claim within 30–90 days. Missing either deadline permanently bars your claim. This guide provides state-by-state deadlines for both private and government property claims.
Learn moreEmployees injured at work are generally limited to workers' compensation, but delivery drivers, contractors, customers, and other non-employee visitors who slip and fall at a business can pursue full premises liability damages — including pain and suffering that workers' comp does not cover.
Learn moreSlip and Fall Lawsuit Lawsuit
Slip and fall accidents — legally categorized as premises liability claims — occur when a property owner's failure to maintain safe conditions causes someone to fall and suffer injuries. Property owners and managers have a legal duty to inspect their property, identify hazardous conditions, and either fix them or warn visitors. When they fail that duty, injured victims may recover compensation for medical bills, lost wages, pain and suffering, and long-term disability. Commercial properties — including grocery stores, restaurants, parking lots, and retail chains — average $345,000 in premises liability settlements nationally. Private property cases average $105,000. Cases involving spinal cord injuries, traumatic brain injury, or surgical intervention command significantly higher values. Government property claims present a unique complication: injury victims often have only 30 to 90 days to file a formal notice of claim with the government entity before losing their right to sue entirely. An attorney should be contacted immediately after any fall on public property.
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