Slip and fall cases are notoriously difficult to win. Property owners and their insurance companies fight these claims aggressively, looking for any reason to deny liability or minimize what they pay you for serious injuries.
Our friends at Blaszkow Legal, PLLC discuss how small mistakes made immediately after a fall can destroy otherwise valid claims worth thousands of dollars. A slip and fall lawyer familiar with slip and fall cases knows the common pitfalls and how to avoid them from the very beginning.
Understanding these five mistakes helps you protect your rights and build the strongest possible case.
Failing To Report The Incident Immediately
The biggest mistake people make after falling is leaving without reporting it. You might feel embarrassed or think your injuries aren’t serious enough to make a fuss. This decision haunts you later.
Report your fall to the property owner, manager, or employees right away. Get their names and contact information. Ask them to document the incident in writing and request a copy of the report.
According to the National Floor Safety Institute, proper incident reporting significantly impacts claim outcomes. Without an official report created at the time of your fall, property owners will claim it never happened or occurred somewhere else.
If you’re in a store, ask for the manager and insist they complete an incident report. In an apartment building, notify the landlord or property management company in writing immediately.
Not Documenting The Hazard That Caused Your Fall
Take photos of the dangerous condition before leaving the scene. Document wet floors without warning signs, uneven pavement or broken steps, poor lighting conditions, debris or obstacles in walkways, and torn carpeting or loose flooring.
Photograph the hazard from multiple angles and distances. Include reference points showing the location within the building or property. Take photos of your shoes to show they had appropriate tread.
Property owners fix hazards quickly after accidents to eliminate evidence. The photos you take immediately after your fall might be the only proof the dangerous condition existed.
If you’re too injured to take photos yourself, ask someone nearby to do it for you or return as soon as possible with your phone.
Admitting Fault Or Making Excuses
Never apologize or suggest you weren’t paying attention. Property owners jump on any statement that shifts blame to you. Common mistakes include saying “I should have been watching where I was going,” “I was looking at my phone,” or “I’m so clumsy.”
Stick to factual descriptions of what happened without accepting responsibility. You have no obligation to explain why you didn’t see the hazard. The property owner had a duty to maintain safe conditions or warn about dangers.
Even if you think you share some blame, don’t voice this opinion. Let your attorney evaluate comparative negligence issues after reviewing all evidence.
Delaying Medical Treatment
Get examined by a doctor within 24 hours even if you think you’re fine. Falls can cause serious injuries that don’t show immediate symptoms including:
- Traumatic brain injuries from hitting your head
- Internal injuries or bleeding
- Spinal damage
- Fractures that seem like minor bruising initially
- Soft tissue injuries that worsen over time
Insurance companies use treatment delays to argue you weren’t really hurt. They claim something else caused your injuries if days or weeks passed before you sought medical care.
Emergency rooms document injuries immediately after falls. This medical evidence directly links your injuries to the incident and establishes their severity.
Talking To Insurance Companies Without Legal Representation
Property owners’ insurance adjusters will contact you quickly requesting statements about how the fall happened. They seem sympathetic and helpful but they’re gathering ammunition to deny your claim.
They’ll ask leading questions designed to get you to admit partial fault, minimize your injuries, or contradict details from your incident report. Once you give a recorded statement, you cannot take back anything you said.
Politely decline to provide statements and refer them to your attorney. You have no legal obligation to speak with the property owner’s insurance company.
We handle all communications with insurers and make sure you don’t say anything that damages your case.
Building A Winning Slip And Fall Case
Slip and fall cases require immediate action and careful handling. Property owners fix hazards quickly, witnesses disappear, and surveillance footage gets deleted or recorded over within days.
The decisions you make in the hours after your fall determine whether you’ll recover fair compensation or walk away with nothing despite serious injuries and mounting medical bills.
Document everything thoroughly, report the incident officially, and refuse to provide statements without legal guidance. These steps preserve evidence and protect your claim from common insurance company defenses.
Don’t try to handle a slip and fall case alone against property owners and insurance companies with teams of attorneys working to deny liability. Contact an experienced premises liability attorney who will investigate your fall, gather necessary evidence, and fight for the full compensation you deserve for your injuries, lost wages, and suffering.
