What to do in the first week after a slip and fall.
Premises cases are won and lost on evidence that gets cleaned up within hours. Surveillance footage, incident reports, and witness names start disappearing before you even leave the ER.
At the scene
The first 60 minutes.
- 01
Report the fall to a manager before you leave
Ask them to document it in writing. Get a copy or a photo of the incident report. Stores often try to handle these informally; insist on the formal documentation.
- 02
Photograph everything
The hazard itself, the surrounding area, your shoes, any warning signs (or absence of them), liquid on the floor, debris, lighting conditions. Photos taken before cleanup are often the only proof of what happened.
- 03
Get witness contact info before they leave
Other shoppers, employees, anyone who saw it. Names and phone numbers. Witnesses scatter within minutes and we can't recreate their testimony later.
- 04
Accept medical attention if it's offered
Even if you feel okay. Adrenaline masks injuries. Refusing on-scene EMS becomes 'declined transport, not really hurt' in the file later.
- 05
Don't say it was your fault
'I'm sorry, I should have been watching' is a common reflex and a damaging admission. Stick to facts. 'I slipped on something. I'd like to be checked out.'
First 24 hours
Lock down the case.
- 01
Get medical evaluation, even if you feel okay
Hip injuries, back injuries, and concussions often present a day or two later. A baseline ER or urgent-care visit creates a record that protects the case.
- 02
Don't sign anything from the store or property owner's insurer
They will call within 24-48 hours, sometimes sooner. They may offer to 'pay your medical bills' in exchange for signing a release. The release usually closes the entire case for a fraction of its value.
- 03
Write down what you remember while it's fresh
What you were doing, where you were looking, what the floor looked like, how you felt before and after, who you spoke to. Memory degrades fast.
- 04
Talk to an attorney about preserving evidence
Surveillance footage in many stores gets overwritten on a 30-day rolling cycle. Sending a preservation letter early is the difference between having video evidence and having nothing.
First week
Decisions that shape the case.
- 01
Follow up with your primary doctor
ER stabilizes you. Ongoing treatment with a primary or specialist (orthopedist, neurologist) is what builds the medical record on which adjusters and juries actually rely.
- 02
Keep every receipt and bill
Co-pays, prescriptions, parking, mileage, over-the-counter medication, medical equipment, lost-wage documentation. All recoverable. None are recovered without proof.
- 03
Get a copy of the incident report
If the property is corporate (Walmart, Target, Schnucks), the local store has a report and corporate has a separate file. We pull both.
- 04
Don't post about the case on social media
Photos of you on your feet, at events, looking fine. They all become defense exhibits. Set accounts private and post nothing about the fall, the case, or your activities until it's resolved.
Five things never to do.
- · Sign a release or medical authorization from the property owner's insurer without an attorney reviewing it.
- · Accept a fast 'goodwill' settlement offer in the first week. Once you sign, the case is over.
- · Miss medical appointments. Treatment gaps are how adjusters justify reducing offers.
- · Assume the police report or incident report is accurate. Read it carefully and request corrections.
- · Post on social media about the fall, your injuries, or your activities until the case is closed.
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