Slip and Fall Claim: Step-by-Step Timeline

You fall on a hazardous condition on someone else's property — a wet floor, uneven pavement, broken staircase, or poor lighting. Before leaving the premises, report the incident to the property manager and request a written incident report.

• —Photograph the hazard immediately before it is repaired or cleaned.
• —Preserve the shoes and clothing you were wearing in a sealed bag.
• —Identify and collect information from any witnesses before they leave.

You seek same-day medical evaluation for all injuries. Slip and fall injuries frequently include fractures, head trauma, and soft tissue damage. A prompt medical record creates the foundational causation link for your claim.

• —Go to the ER or urgent care the same day — do not wait for symptoms to worsen.
• —Photograph visible injuries — bruising often peaks 48 to 96 hours after the fall.
• —Tell your physician exactly how and where the fall occurred.

Your attorney or you send written preservation letters demanding the property owner retain all surveillance footage, incident reports, maintenance logs, and prior complaint records. Without a preservation demand, footage is routinely overwritten within 24 – 72 hours.

• —Surveillance footage is the most powerful evidence in slip and fall cases — act within hours.
• —Request copies of all maintenance logs and inspection records for the area of your fall.
• —Research prior incidents at the same location through public records requests.

You retain a premises liability attorney who sends formal preservation demands, conducts a site inspection, identifies applicable safety codes the property owner violated, and investigates the property owner's prior knowledge of the hazard.

• —Retain an attorney early — premises liability investigation is time-sensitive.
• —Prior incident reports and complaints establish the "notice" element required to prove negligence.
• —Code violations (building codes, ADA, OSHA) can eliminate the need to prove the owner knew about the hazard.

You complete all prescribed medical treatment, physical therapy, and specialist consultations. You maintain an injury journal and document the impact of your injuries on your daily life, work, and personal activities.

• —Attend every appointment without gaps — missed appointments are used to deny claim severity.
• —Document activities you cannot perform due to your injuries — these support non-economic damages.
• —Request written opinions from your doctor about future treatment needs and permanent limitations.

After reaching MMI, your attorney assembles the complete demand package. Premises liability cases require specific evidence of the property owner's actual or constructive notice of the hazard. The demand letter details all economic and non-economic damages.

• —Constructive notice is established by showing how long the hazard existed before the fall.
• —Expert testimony from safety engineers or code compliance experts may strengthen your case.
• —Demand should include future medical costs if injuries are permanent or require ongoing treatment.

The property owner's insurer responds to the demand. Premises liability insurers frequently dispute liability, argue the hazard was open and obvious, or claim insufficient notice. Negotiations may involve multiple rounds of offers and counteroffers.

• —Slip and fall insurers aggressively defend these cases — experienced counsel is essential.
• —Do not accept an offer before understanding the full extent of your long-term medical needs.
• —Mediation is commonly used to resolve disputed premises liability cases.

If a fair settlement is reached, you sign a release and receive payment. If the insurer refuses reasonable settlement, litigation begins. Slip and fall cases often proceed further toward trial than vehicle accident cases due to stronger liability disputes.

• —Filing suit is sometimes necessary to force the insurer to value the claim fairly.
• —Expert witnesses are often required at trial in premises liability cases.
• —Trial outcomes are uncertain but can substantially exceed settlement offers in clear liability cases.