A fall in a store, stairwell, or parking lot often feels embarrassing. Many people brush it off, only to wake up the next day with serious pain. Turning that moment into a well-supported claim requires clarity about what caused the fall and proof that the property owner could (and should) have prevented it.
We’d like to thank our friends from The Law Office of Jeffrey Weiskopf for the following discussion about slip, trip, and fall accidents- from the embarrassing moment when they happen, to forming an evidence-backed claim.
Identify The Hazard With Precision
“I slipped on water” is less persuasive than “a clear puddle about two feet across in front of the cooler.” Describe location, size, color, odor, and whether footprints or cart tracks ran through it, which can suggest it existed long enough to be noticed. Photograph from multiple angles, including lighting and sight lines.
Report The Incident Promptly
Ask for a manager, complete an incident form, and request a copy or at least the report number and employee names. Keep your receipt or other proof you were on the premises. If pain or embarrassment made you leave immediately, notify the property as soon as possible afterward.
Look For Inspection And Warning Clues
Are there wet-floor signs, cones, mats, or caution tape? Do ceiling stains hint at leaks? Are stair treads loose or handrails wobbly? Ask employees about cleaning schedules and prior complaints. Photograph both the presence and absence of warnings.
Preserve Footwear And Clothing
Don’t throw away the shoes you wore; tread pattern and wear matter. Bag, label, and store them. Keep clothing if it shows residue from the floor.
Get Medical Care That Explains The Mechanism
“I fell” is less useful than “my right foot slipped, my left knee twisted inward, and I landed on my hip.” Mechanisms help clinicians match injuries to the event and help adjusters understand causation.
Expect Arguments About Attentiveness
Property owners often claim the hazard was “open and obvious.” Lighting, distracting displays, and floor patterns may tell a different story. Be honest about what you were doing at the time, and let the physical evidence speak.
Preserve Communication With Owners Or Managers
If you fell at a residence or small business, preserve communication with the owner or manager in writing. Be polite, factual, and brief. Avoid arguing fault over text or email. Simply report what happened, your injuries, and request that any video be preserved for a defined time period.
Consider Follow-Up Evidence
Ask whether surveillance cameras cover the area and request preservation in writing with a specific time range. If you notice recurring hazards (leaky coolers, pooled water after mopping), make note of dates and times you’ve observed the condition before. Patterns support the argument that the property should have known and fixed the problem.
Keep Expectations Measured
Not every fall leads to a claim, and claiming isn’t about blame; it’s about accountability and prevention. With clear documentation, you transform an embarrassing moment into a safety lesson, with accountability.
If you have been injured in a slip and fall or other kind of accident, a car accident lawyer can help you to determine whether or not you have a personal injury claim.