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Slip & Fall

Slip and Fall Injury Claims

When a dangerous condition causes a serious injury, what happened before the fall can be just as important as what happened after it.

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Wet floors. Broken stairs. Uneven walkways. Poor lighting. Merchandise or debris left where people walk.

A slip or fall can happen in seconds, but determining who is responsible often requires looking at how the dangerous condition developed, how long it existed, who knew about it, and what was done to correct or warn about it.

The insurance company may argue that the condition was obvious, that the property owner did not know about it, or that you should have avoided it.

We investigate the condition that caused the fall, what the property owner or business knew or should have known, and the injuries that resulted. Because surveillance video, inspection records, and the condition itself can disappear quickly, preserving evidence early can make a significant difference.

Common Issues in Slip and Fall Cases

Whether the property owner knew about the hazard. A central issue in many cases is whether the business or property owner knew, or reasonably should have known, about the dangerous condition before someone was injured.

Arguments that you should have seen it. The insurance company may focus on where you were looking, what shoes you were wearing, whether you were distracted, or whether the condition was visible. We examine the entire circumstances of the fall rather than accepting those arguments at face value.

Missing or disappearing evidence. Spills are cleaned. Broken areas are repaired. Surveillance video may be overwritten. Witnesses become difficult to locate. That makes early investigation especially important.

Disputes over what caused the injury. The insurance company may question whether the fall caused all of your medical problems, particularly when there is a delay in treatment or a prior medical condition. Medical records and a clear history of what changed after the fall can become important.

How We Handle Slip and Fall Cases

We begin by investigating the property and the condition that caused the injury.

That may include photographs, surveillance footage, incident reports, inspection and maintenance records, witness statements, prior complaints, photographs of the hazard, and other evidence showing what happened.

We also investigate notice. Depending on the circumstances, evidence about how long a condition existed, whether employees created it, whether similar problems had occurred before, or whether reasonable inspections were being performed may become important.

At the same time, we document the injury itself. We review medical treatment, lost income, future care when applicable, and the ways the injury has affected your work and everyday life.

Our goal is to build both sides of the case: why the property owner may be responsible and what the injury has actually cost you.

What To Do After a Slip or Fall

1Report what happened. Tell the property owner, business, or manager about the fall and ask that an incident report be created. Keep a copy if one is provided.
2Photograph the condition that caused you to fall. If you can safely do so, take photographs or video of the spill, broken surface, stairs, lighting condition, obstruction, or other hazard before it changes.
3Get witness information. Ask anyone who saw the fall or the dangerous condition for their name and contact information.
4Get appropriate medical care. Some injuries become more apparent after the initial fall. Tell your medical providers how the injury occurred and follow the treatment they recommend.
5Speak with a lawyer before giving the property owner’s insurance company a recorded statement. The insurance company may ask questions about the fall, the condition, your medical history, and what you were doing immediately beforehand. A lawyer can review the request and help protect your interests before you provide a statement.

Frequently Asked Questions

The store says I should have seen the hazard. Does that mean I do not have a case?
Not necessarily. The visibility of the condition and your actions may be considered, but they are not the only issues. How the hazard was created, how long it existed, whether the business knew or should have known about it, and whether reasonable steps were taken to correct or warn about it can all matter. We investigate the complete circumstances before evaluating responsibility.
What if the store says it did not know the spill or hazard was there?
Lack of actual knowledge does not always end the inquiry. Depending on the circumstances and applicable law, the question may also be whether the condition existed long enough that it should have been discovered, occurred regularly, was created by the business or its employees, or should have been identified through reasonable inspection practices.
What if there is surveillance video of my fall?
Surveillance footage can be some of the most important evidence in a premises liability case, but it may not be kept indefinitely. Video can show the fall itself, how long a condition existed, whether employees passed through the area, and what happened immediately afterward. One of the reasons to contact a lawyer early is so appropriate steps can be taken to request preservation of relevant footage and other evidence.
I did not fill out an incident report. Can I still have a case?
Potentially, yes. An incident report can be useful evidence, but its absence does not necessarily determine whether the property owner was responsible. Photographs, witnesses, medical records, surveillance footage, receipts, phone location information, and other evidence may help establish when and where the fall occurred.
Do I need a lawyer for a slip and fall case?
A lawyer can make a real difference by investigating the dangerous condition, preserving surveillance footage and other evidence, determining what the property owner knew or should have known, addressing attempts to place fault on you, and documenting the full extent of your injuries and losses. An attorney can also deal directly with the insurance company and pursue the case through litigation if a fair resolution cannot be reached.
What does it cost to hire your firm?
We handle personal injury cases on a contingency fee basis. You do not pay an attorney’s fee unless we recover compensation for you. The fee arrangement and responsibility for case costs are explained in writing before you decide whether to hire us.
Personal injury laws and deadlines vary by state. We represent clients in Florida and Illinois. During your consultation, we’ll explain the rules and deadlines that may apply to your case.

Your policy is a promise. We make carriers keep it.

Send us the denial letter, the estimate, or just the story so far. A propertyinsurance.law attorney will review your claim for free and tell you plainly where it stands. No fees or costs unless we recover for you.

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