Documenting Evidence after a Slip and Fall: A Step-by-Step Guide

If you slip and fall on someone else’s property and you’re injured, you may be entitled to compensation. But, under Florida law, a property owner is only liable for your injuries if they failed to live up to their obligations. For example, a store owner might be liable for a slip and fall injury if an employee had mopped the floor and left it wet and slippery without blocking off the area or putting up warning signs.

When you pursue compensation for your injuries, it will be up to you to show that the property owner didn’t fulfill their duty to you as a visitor on their property. But the conditions that led to your slip and fall injury may change quickly. Wet floors dry. Debris is cleaned up. Loose floorboards are repaired. So, it’s important to document as much as possible right away.

First Steps after a Slip and Fall Accident

Any time you are injured, your health comes first. You should only follow the steps described here to the extent that you are able to do so safely given your injuries, or have someone else available to assist you.

1. Report the incident to the property owner. This is especially important if you are injured in a business establishment or on government property. The institution will likely have established procedures for reporting accidents and providing that information to their insurance carrier. Even if you are injured in a less formal setting, like a friend’s backyard, you should make sure the property owner is aware of the accident right away. If you’re asked to write a statement or fill out paperwork, make sure you get a copy for your own records and keep it to show your slip and fall attorney.
2. Try to identify the conditions that caused your fall. Look around to see whether the floor where you slipped was wet, the sidewalk you tripped on is broken, or there was a change in the level of the flooring where you lost your balance. Also consider other features of the area that may have increased the risk, like whether the location where you fell is poorly lit or there should be a railing and is not.
3. Take photographs or video. Take pictures or video of the area where you fell, including any conditions like those described above that you believe may have contributed to your fall. Remember that these conditions may be fixed elements, like a loose railing, broken stair, or hole in the ground, or maybe temporary hazards like fruit juice spilled on the floor or a garden hose stretched across a walkway.
4. Take note of any security cameras that may have captured the fall. If you’re injured on a public street, in a store, in a parking lot, or in another public area, a camera may have recorded your accident. You should ask the property owner whether they have such footage and ask them to preserve that recording. You should be aware, though, that many businesses retain such footage only for a short time. When you speak to a slip and fall lawyer, you’ll want to let them know immediately if there is video footage so they can make sure it is preserved.
5. Gather contact information from any witnesses. Your slip and fall lawyer will look for witnesses to your fall, but it’s much more difficult to identify and locate people who were at the scene later than it is to collect their names and contact information in the moment. You should also ask witnesses whether they took any photographs or video, and ask them to save those for you or forward them to you.
6. Seek medical attention. Getting appropriate medical care right away is important for both your health and your slip and fall claim. If you’re injured and don’t go to the doctor right away, your injuries could get worse. And, without a medical examination shortly after the fall, it may be difficult to prove that the fall was the cause of your injuries. The insurance company may argue that you got hurt somewhere else later and they aren’t responsible, or say that it’s your fault your injuries are worse than they should have been because you didn’t get treatment right away.
7. Write down what happened to you. Traumatic events can easily become confused in your mind, and memories fade over time. If your slip and fall case goes to trial, you may be asked to describe how you fell a year or more after the accident. The insurance company’s lawyers will try to trip you up to make it seem like you’re lying or your memory can’t be trusted. If you’ve made notes in the moment, you can use them to refresh your memory later.

While the purpose of this post is to tell you what to document after your slip and fall accident, here’s an added word of warning: don’t give a statement to the property owner’s insurance carrier. Many people assume they are required to talk to the insurance company. It’s true that the insurer will need certain information to move your claim forward. But, the safest approach is to let your injury lawyer do the talking. Insurance companies don’t like to pay out claims, and they don’t always deal with injured people in good faith. When you hire a Harrell & Harrell slip and fall attorney, we’ll navigate interactions with the insurance company for you, ensuring that your rights are protected.

Contact a Florida Slip and Fall Lawyer Today

Though you generally have two years to file a slip and fall claim, there are many reasons to act quickly. In some cases, such as when a government entity owns the land, your time to give notice may be much shorter. Witness memories fade, and evidence like security footage may be lost. Hazards on the property may be repaired, meaning your attorney misses a chance to document the conditions. These are just a few of the risks of delaying contacting a personal injury attorney experienced in slip and fall cases—but there’s no downside to acting quickly. Call us today at 904-251-1111, or fill out our contact form right now.