What to Do After a Slip-and-Fall

If you slipped and fell on someone else's property, the most important things to do right away are: get medical care, report the fall to the property owner or manager and get a copy of the incident report, photograph the hazard before it's fixed or cleaned up, get contact information for any witnesses, and keep the shoes and clothing you were wearing. These steps protect your health and preserve the evidence you may need later if you decide to pursue a claim against the property owner's insurance. You do not have to decide right away whether to hire a lawyer or file a claim — but the evidence that proves what happened often disappears within hours or days, so acting quickly matters even if you're still undecided.

Slip-and-fall cases fall under a general area of law called "premises liability," which is a type of negligence claim. In plain terms, a property owner or business generally has a duty to keep their property reasonably safe for people who are lawfully there, and to warn of hazards they know about (or should have known about) that they haven't yet fixed. To win a claim, you typically have to show four things: the owner owed you a duty of care, they breached that duty (for example, by leaving a spill unattended for an unreasonable amount of time), that breach caused your fall, and you suffered actual damages (medical bills, lost wages, pain and suffering) as a result. Simply falling on someone's property does not automatically mean they're legally responsible — you generally have to show they were careless in some way, or that the hazard existed long enough that a reasonable business should have caught it.

What to do right after a fall

1. Get medical attention. Even if you feel okay, some injuries (especially head injuries, back injuries, and sprains) don't show symptoms immediately. A prompt medical exam also creates a paper trail linking your injury to the date of the fall, which matters a great deal if you later pursue a claim.
2. Report the fall before you leave, if you can. Tell a manager, employee, or property owner what happened and ask that an incident report be created. Request a copy of it, or at minimum write down the name of the person who took the report and the date. Many businesses will not hand over a copy on the spot — you can follow up in writing afterward to request one.
3. Photograph everything. Take pictures of the hazard itself (the spill, torn carpet, broken step, ice patch, uneven pavement, poor lighting, missing warning sign, etc.), the general area, and — if visible — any injury. Photograph from multiple angles and distances, and include something for scale if possible. Hazards get cleaned up, fixed, or removed quickly, sometimes within minutes, so do this before you leave if at all safe to do so.
4. Identify witnesses. Get names and phone numbers of anyone who saw the fall or the hazardous condition. Employees may be reluctant to give personal contact information, but even a name and their shift/role can help later.
5. Preserve your shoes and clothing. Do not clean, alter, or throw away the shoes and clothes you were wearing. The tread pattern and condition of your shoes can become relevant if the property owner argues your footwear — not their hazard — caused the fall.
6. Write down what happened while it's fresh. As soon as you're able, write a detailed account: what the hazard was, how long you believe it had been there, the weather and lighting conditions, what you were doing right before the fall, and how you fell. Memory fades fast, and this kind of contemporaneous note can be more persuasive than a memory reconstructed months later.
7. Keep records of every expense and missed day of work. Save medical bills, prescription receipts, mileage to appointments, and pay stubs showing missed work.
8. Be careful what you say and sign. Avoid saying "I'm fine" or apologizing at the scene — these offhand comments sometimes get used later to argue you weren't seriously hurt or were at fault. Be cautious about giving a recorded statement to an insurance adjuster, or signing anything, before you understand what you're signing.

Comparative fault: falls are rarely "all or nothing"

Property owners commonly argue that the injured person was at least partly at fault — for example, that they were looking at their phone, wearing inappropriate footwear, or ignored a visible warning sign. How that argument affects your claim depends on your state's fault rule:

• Comparative fault states (the majority approach) reduce your compensation by your percentage of fault rather than barring your claim outright. Some states cut off recovery entirely once your share of fault crosses a certain threshold (a "modified" comparative fault rule), while others allow recovery even if you were mostly at fault (a "pure" comparative fault rule).
• Contributory negligence states (a small minority) can bar you from recovering anything if you were even slightly at fault, though the details and exceptions vary.

Because this varies by state — and because the exact percentage thresholds and exceptions differ — confirm your own state's rule rather than assuming, and don't let an adjuster's confident-sounding statement about fault stand in for actually checking.

Deadlines are real, and they vary by state — check yours

Every state sets a deadline, called a statute of limitations, for filing a personal injury lawsuit, and these deadlines differ significantly from state to state and depend on details like who owns the property. If you miss the deadline, you can permanently lose the right to sue, even if your claim is otherwise strong. Because there is no single nationwide number, don't rely on a general estimate — confirm the deadline that applies in your state and situation, ideally by asking a local attorney or your state courts' self-help resources.

A few situations carry their own shorter, stricter deadlines that are easy to miss:

• Government-owned property. If you fell in a government building, on a public sidewalk, or in a public park, you may be required to file a formal notice of claim with the government agency within a short window — sometimes far shorter than the regular lawsuit deadline — before you can sue at all.
• Falls involving a minor or a death. Special rules can apply and timing can shift; don't assume the standard deadline applies.

If a government entity might be involved, treat the timeline as urgent and look into the notice requirement immediately rather than waiting.

What happens after you report it

Once you've reported the fall, the property's insurance carrier (often general liability insurance) will typically get involved. Most premises liability claims are resolved through settlement negotiations with the insurer rather than through a trial — that's true across personal injury law generally, not just slip-and-falls. A typical path looks like: you (or your attorney) gather medical records and bills documenting the injury and its cost, send a demand letter to the insurer, and negotiate toward a settlement. If negotiations stall or the insurer disputes liability, a lawsuit can be filed, though even filed cases frequently settle before trial.

Personal injury attorneys typically work on a contingency fee basis, commonly around one-third of any settlement or verdict, meaning you generally pay nothing upfront and the fee comes out of the recovery only if you win or settle. Many offer free initial consultations, so talking to one costs nothing and can help you understand whether your specific facts (how long the hazard existed, whether it was open and obvious, what evidence you have) support a claim before you commit to anything.

If your claim does result in a settlement or verdict, compensation for a physical injury itself — including related medical expenses, and generally the lost wages that flow from that physical injury — is typically not treated as taxable income under federal law (26 U.S.C. § 104(a)(2)). Some portions are treated differently, though: punitive damages and any interest are generally taxable, and compensation for emotional distress that does not stem from a physical injury may be as well. A tax professional can walk through your specific settlement structure if it becomes relevant.

When a slip-and-fall claim is stronger — and when it's weaker

Claims tend to be stronger when you can show the property owner knew or should have known about the hazard and failed to fix or warn about it within a reasonable time — for example, a spill that had been there long enough to develop foot-traffic marks, a broken step reported weeks earlier, or a lighting outage that had gone unaddressed. Claims tend to be weaker when the hazard was open and obvious and easily avoidable, when it had just occurred moments before your fall with no reasonable time to respond, or when there's little evidence of what actually caused the fall. This is exactly why photographs, witness names, and an incident report matter so much — they're often the only objective record of how long a hazard existed and what condition the property was in.

This article is general information, not legal advice, and does not create an attorney-client relationship. Laws and deadlines vary by state and change over time; talk with a licensed attorney in your state about your specific situation.