Guide
What to do after a slip and fall.
Most slip and fall claims are won or lost in the first hour. Surveillance video and the hazard itself disappear quickly — here is what to do while they are still preservable.
At the scene
- Stay where you are if you might have a head injury. Otherwise, get out of the immediate hazard area.
- Photograph the hazard before it is cleaned up. Multiple angles. Include warning signs (or lack of them).
- Ask the manager for an incident report. Get a copy or photograph it.
- Identify and get contact info for any witnesses. Adjusters discount your statements; they accept witnesses.
- Note the time and the names of any employees who responded.
Within 24 hours
- Get medical care. Urgent care or ER. Tell the provider exactly what happened and every symptom.
- Send a written preservation-of-evidence letter to the property owner. Demands they preserve surveillance video for the area for the 24 hours before and after the fall.
- Save the clothing and shoes you were wearing. Defense will argue footwear contributed.
- Write down everything you remember about the fall. Memory degrades fast.
Within the first week
- Follow up with your primary care or a specialist as referred. Keep every appointment.
- Track all expenses — medical, mileage, missed work, prescriptions.
- Decline to give the property owner's insurer a recorded statement. You owe them nothing.
- Do not post about the fall on social media. Do not post physical activity for the duration of the claim.
What not to do
- Do not say "I am fine" at the scene. The adjuster will subpoena that statement.
- Do not blame yourself in writing or in recorded conversations.
- Do not sign anything from the property owner's insurer without legal review.
- Do not accept a quick settlement before you have completed treatment.
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Frequently asked questions
Sources
- [1]Older Adult Falls — U.S. Centers for Disease Control and Prevention
- [2]OSHA Walking-Working Surfaces Standard, 29 C.F.R. § 1910.22 — U.S. Occupational Safety and Health Administration
- [3]Slip, Trip, and Fall Prevention Guide — National Safety Council