Slip and Fall Injury Claims: How They Work
A slip and fall claim is a type of premises liability case: a claim that someone who owns or controls a property failed to keep it reasonably safe, and you were hurt as a result. Not every fall leads to a valid claim, so it helps to know what has to be shown.
What usually has to be proven
- A dangerous condition existed, such as a wet floor, broken step, poor lighting, ice, or a torn carpet.
- The owner knew or should have known about it. Either they created it, were told about it, or it was there long enough that a reasonable owner would have found and fixed it.
- They failed to fix it or warn people. A clearly placed warning sign can matter.
- The condition caused your fall and your injuries.
Many states also look at your own role. If you were not watching where you were going or ignored a warning, your compensation can be reduced, and in a few states it can be barred.
What to do right after a fall
- Get medical care, even if you feel fine at first. Some injuries show up later, and medical records matter.
- Report the fall to the store or property manager and ask for a copy of the incident report.
- Take photos of the exact spot, the hazard, your shoes and your injuries.
- Get names and phone numbers of witnesses.
- Keep the clothes and shoes you were wearing.
- Ask whether there is security video, and have a lawyer request it quickly, since footage is often recorded over.
Falls on government property
Falls on public sidewalks or in government buildings often have special rules and a much shorter deadline to file a written notice of claim, sometimes only a few months.
How claims are valued
Compensation is based on medical bills, lost income, future care, and pain and suffering. See how much is my personal injury case worth. Every state also has a time limit for filing; see personal injury statute of limitations.
Most injury lawyers handle these cases on contingency. See how contingency fees work.
Find a personal injury lawyer near you.
This guide is general information, not legal advice. Premises liability rules vary by state.