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Slip and Fall Accidents

You didn’t expect to get hurt when you walked out the door that day. Maybe you were shopping, getting something to eat, walking through a parking lot, or simply going about your day. Then you slipped, and suddenly you’re dealing with an injury you never planned for.

The first question is often pretty simple to ask, but not so simple to answer: Who is responsible for what happened?

Being injured on someone else’s property doesn’t automatically make the property owner responsible. When we talk about a slip and fall, we want to understand what caused the fall, what made the area dangerous, and what the property owner knew—or reasonably should have known—about that condition.

That’s where things can get complicated.

Imagine, for example, that you slip on a wet floor. If someone spilled something moments before you fell, there may not have been a reasonable opportunity for anyone to discover and clean it. But what if the spill had been there long enough that an employee should have seen it? What if the same area had a recurring leak? What if you tripped over damaged flooring that had been deteriorating for some time?

Those details can make a difference.

A property owner is expected to take reasonable care of the property and address dangerous conditions they know about, or should have discovered through proper maintenance. But they can’t be expected to know about every problem the moment it appears. That’s not realistic. People spill things. Surfaces wear out. Weather changes. Problems develop.

What matters is what someone responsible for the property could and should have done once the circumstances are considered.

Could they have discovered the condition? Did they have an opportunity to fix it, clean it, repair it, warn people about it, or otherwise make the area safer? And if they already knew about the problem, did they take steps to address it?

There isn’t a single amount of time, inspection schedule, or checklist that tells us when a property owner has fallen short. The circumstances matter.

How do you prove what the property owner knew—or should have known?

This is often where a slip and fall case gets difficult. You may know exactly what you slipped or tripped on, but that doesn’t necessarily tell us how long the condition was there or whether the property owner had an opportunity to do something about it.

That’s why we look beyond the accident itself.

Photos can help show what the condition looked like when you fell. Witnesses may have seen the hazard before the accident or know how long it had been there. Employees may have information about the condition, when the area was last checked, or whether the problem had happened before. Security footage, incident reports, inspection records, maintenance records, and previous complaints can also help fill in the picture.

Sometimes there won’t be one piece of evidence that answers the question. Instead, several small details may help establish what happened and what the property owner should have known.

And some of those details can disappear quickly. A spill gets cleaned. Ice melts. A damaged surface gets repaired. Security footage may be overwritten. Even people’s memories of what they saw can change with time.

That’s why it’s helpful to preserve what you can as soon as possible after a fall. If you’re able to safely take pictures of the condition, get information from witnesses, or document what you were told about the accident, those details may become important later. Preserving those details gives you something to look at when you’re trying to understand what happened and whether the property owner should have known about the danger.

What should I do after a slip and fall?

If you’ve been injured in a fall, take care of yourself first. Get medical attention if you need it, even if you’re not sure yet how serious the injury is. Some injuries become more noticeable as the initial shock wears off, and getting the care you need gives you a better understanding of what you’re dealing with.

If you haven’t already, report the accident to whoever is responsible for the property. Ask how the incident is being documented and keep a copy of any report or other information you’re given.

It’s also helpful to keep track of what happens after the fall. Keep your medical bills and records, but also pay attention to how the injury affects your work, your normal activities, and your day-to-day life. If you’re missing work or having trouble doing things you normally would, make a note of it.

What losses can a slip and fall claim cover?

If the property owner is legally responsible for your injury, a claim may help compensate you for the losses caused by the fall. That can include medical treatment and other related expenses, lost income if your injury keeps you from working, and future medical care when it’s needed. It may also include compensation for the pain and disruption the injury has caused in your life.

The impact of a fall isn’t always limited to the first doctor’s visit or the time you miss from work. An injury can affect how you move, what you can do, and how you manage your everyday life. Those effects can be part of understanding the full impact of the accident.

When should I have someone look at what happened?

Not every fall on someone else’s property will turn into a legal claim. Sometimes the circumstances simply don’t show that the property owner did anything wrong. Other times, though, the answer isn’t obvious from what you can see yourself.

That’s when having someone take a closer look can be useful. If you were seriously injured, the circumstances surrounding the fall are unclear, the property owner or their insurance company is disputing what happened, or you aren’t sure whether the dangerous condition was something they should have known about, there’s more to the situation than simply deciding whether you fell.

An attorney can help you look at the pieces together: what caused the fall, what the property owner was responsible for, what they knew or should have known, what evidence is available, and how your injury has affected you. Sometimes that review leads to a case worth pursuing. Sometimes it tells you that there isn’t enough to move forward.

Either way, understanding where you stand can be valuable. You can make decisions about what comes next based on what actually happened, rather than trying to figure out the legal side of it on your own.

Frequently Asked Questions

That doesn’t necessarily mean you no longer have a claim. Sometimes a dangerous condition is cleaned up, repaired, or otherwise changed before anyone has a chance to take a picture or preserve it. When that happens, we look at what other information may help establish what the condition was and how long it may have been there. That could include photographs taken by someone else, witness statements, security footage, incident reports, maintenance records, or other documentation. The fact that the condition is no longer there can make a case more difficult, but it doesn’t automatically answer whether the property owner was responsible for your injury.

You may be wondering if waiting to report the fall means you’ve already hurt your chances of making a claim. Not necessarily. People don’t always realize right away that an injury is going to be serious, and sometimes you’re more focused on getting home or getting medical care than thinking about what you might need to document.

That said, waiting can make some things harder to establish. The dangerous condition may have been cleaned up or repaired, security footage may no longer be available, and the people involved may have a harder time remembering exactly what happened. A delay can also raise questions about when the accident happened and whether the injury you’re experiencing is connected to the fall.

That doesn’t mean a delayed report automatically ends a claim. It means the circumstances surrounding the delay matter. If you didn’t report the accident at the time, it can still be helpful to document what you remember and find out what information is available about what happened.

It’s possible to feel fine immediately after a fall and notice pain or other symptoms later. Adrenaline and the initial shock can make it difficult to tell how you’re feeling in the moment, and some injuries may not become obvious right away. If you begin experiencing symptoms in the days after the accident, pay attention to them and get appropriate medical care, particularly if they are getting worse or interfering with your normal activities.

The timing can matter, though. Seeing a doctor a few days after an accident is different from waiting several weeks or a month, particularly if you’re claiming that the injury came from the fall. A longer gap doesn’t automatically prevent you from making a claim, but it can make it harder to connect the injury to that particular accident.

You don’t need to seek medical treatment simply because you fell if you aren’t experiencing an injury. But if you do develop symptoms, don’t ignore them. Tell your medical provider when and how the fall happened so they have the information they need to understand what may be causing your symptoms.

It’s possible for more than one thing to contribute to an accident. Maybe you weren’t watching where you were walking, were carrying something that blocked your view, or simply didn’t notice a condition that was difficult to see. That doesn’t automatically mean the property owner is off the hook.

Your own actions can affect a claim, including how much compensation you may be able to recover. But being partly responsible isn’t necessarily the same as being entirely responsible. We look at the circumstances of the fall and what each person did or failed to do before deciding how responsibility should be divided.

If you were injured on property owned or maintained by a city, county, school, or another government entity, different rules may apply than they would for a privately owned property. Government claims can have specific requirements for how and when you notify the government entity, and those requirements can depend on who owns the property and what happened.

That doesn’t mean you can’t pursue a claim. It does mean that a fall on public property is something you shouldn’t treat exactly like a fall at a private business or residence.

If your injury happened on public property, it’s worth finding out what rules apply to your situation and what steps you need to take. We can help you understand where you stand and what comes next.

Learn more about injuries on public property →

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